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City Document — No. 3. 



THE 



MUNICIPAL REGISTER, 

CONTAINING THE CITY CHARTER, 

WITH 

RULES AND ORDERS 

OF 

THE CITY COUNCIL: 

ALSO 

THE ORDINANCES, 

AND A 

LIST OF THE OFFICERS 

OF I 

THE CITY OF ROXBURY, 

FOR 

1853. 



ROXBURY: 

THOMAS PRINCE, CITY PRINTER. 

1853. 



CITY CHARTER. 



COMMONWEALTH OF MASSACHUSETTS. 



In the Year One Thousand Eight Hundred and Forty-Six. 



AN ACT to Establish the City of Roxhury. 

Be it enacted by the Senate and House of Rep- Roxbury 
resentatives in General Court assembled^ |^. ^^ ^ 
and by the authority of the same, as follows: 
Sect. 1. The inhabitants of the town of 
Roxbury shall continue to be a body politic 
and corporate, under the name of the City of 
Roxbury, and as such shall have, exercise, 
and enjoy all the rights, immunities, powers 
and privileges, and shall be subject to all the 
duties and obligations, now incumbent upon 
and appertaining to said town as a Municipal 
Corporation. 

Sect. 2. The administration of all the fis- Adminis- 
cal, prudential and municipal affairs of said *''^*'°'^ *° 
city, with the government thereof, shall be j^^^ J[^^^j.^ 
vested in one principal officer, to be styled Aldermen' 
the mayor ; one council of eight, to be called and Com- 
the board of aldermen ; and one council of "|°" 
twenty-four, to be called the common council ; 
which boards, in their joint capacity, shall be 
denominated the city council, and the mem- 
bers thereof shall be sworn to the faithful per- 



4 CITY CHARTER. 

To serve formance of the duties of their respective ofS- 
without ces. A majority of each board shall consti- 
P^^* tute a quorum, for doing business, and no 

member of either board shall receive any com- 
pensation for his services. 

Sect. 3. It shall be the duty of the Select- 
men of the Town of Roxbury, as soon as may 
be, after the passage of this act, and its ac- 
ceptance by the inhabitants, as hereinafter 
provided, to divide said town into eight wards, 
Selectmen as foUows, to wit : first, by drawing a line 
to divide between the second and third parishes, as 
into vvards "®^^ ^^^® °^^ territorial parish line as may be 
' convenient, and constituting the second parish 
one ward : second, by drawing a line in the 
same manner between the first and third par- 
ishes and dividing the third parish into two 
wards, to contain, as nearly as may be con- 
venient, an equal number of inhabitants : and, 
third, by dividing the first parish into five 
wards, as nearly equal in number of inhabit- 
ants as may be consistent with convenience 
in other respects. 
To be re- And it shall be the duty "of the city council, 
vised every oncc in five years to revise, and if it be need- 
five years £^1^ |.Q alter said wards in such manner as to 
CounciL preserve as nearly as may be, an equal num- 
• ber of voters in each ward ; provided however, 

that the second parish shall always constitute 
at least two wards, without any addition of 
territory to either. 
Election Segt. 4. On the second Monday in March, 
and duties annually, there shall be chosen by ballot in 
of Warden gjich of said wards, a warden, clerk and three 
^'^ ^"^ ' inspectors of elections, residents of wards in 
which they are chosen, who shall hold their 



CITYCHARTER. O 

offices for one year, and until others shall 
have been chosen in their places, and quali- 
fied to act. It shall be the duty of such war- 
den to preside at all ward meetings, with the 
power of moderators of town meetings. And 
if at any meeting the warden shall not be 
present, the clerk of such ward shall call the 
meeting to order, and preside until a warden 
pro tempore shall be chosen by ballot. And 
if at any meeting the clerk shall not be pre- 
sent, a clerk pro tempore shall be chosen by 
ballot. The clerk shall record all the pro- 
ceedings and certify the votes given, and de- 
liver over to his successor in office all such 
records and journals, together with all other 
documents and papers held by him in said 
capacity. And it shall be the duty of the and In- 
inspectors of elections to assist the warden in spectors of 
receiving, assorting and counting the votes. 
And the warden, clerk and inspectors so cho- 
sen, shall respectively make oath or affirma- 
tion, faithfully and impartially to discharge 
their several duties, relative to all elections, 
which oath may be administered by the clerk 
of such ward, to the warden, and by the war- 
den to the clerk and inspectors, or by any 
justice of the peace for the county of Norfolk. 

All warrants for meetings of the citizens for Warrants 
municipal purposes, to be held either in wards ^°'"/^?'"** 
or in general meetings, shall be issued by the Meetings. 
Mayor and Aldermen, and shall be in such 
form, and shall be served, executed and re- 
turned in such manner, and at such times, as 
the city council may by any by-law direct. 

Sect. 5. The Mayor and eight aldermen, Elections 
one alderman to be selected from each ward, of Mayor 
shall be elected by the qualified voters of the ^ounciF 



CITY CHARTER 



Proceed- 
ings at 
Ward 
Meetings. 



Certifi- 
cates of 
Election. 



city, at large, voting in their respective wards, 
and three common councilmen shall be elect- 
ed from and by the voters of each ward, and 
shall be residents of the wards in which they 
are elected ; all said officers shall be chosen 
by ballot, and shall hold their offices for one 
year from the first Monday in April : and the 
Mayor, until another shall be elected, and 
qualified in his place. 

Sect. 6. On the second Monday in March, 
annually, immediately after a warden, clerk, 
and inspectors shall have been elected and 
sworn, the qualified voters in each ward shall 
give in their votes for mayor, aldermen, and 
common councilmen, as provided in the pre- 
ceding section; and all the votes so given, 
shall be assorted, counted, declared, and reg- 
istered in open ward meeting, by causing the 
names of persons voted for, and the number 
of votes given for each, to be written in the 
ward records in words at length. 

The clerk of the ward, within twenty-four 
hours after such election, shall deliver to the 
persons elected members of the common coun- 
cil, certificates of their election, signed by the 
warden and clerk, and by a majority of the 
inspectors of elections, and shall deliver to the 
city clerk a copy of the records of such elec- 
tion, certified in like manner : provided., how- 
ever, that if the choice of common councilmen 
cannot be conveniently effected on that day, 
the meeting may be adjourned, from time to 
time, to complete such election. 

The board of aldermen shall, as soon as 
conveniently may be, examine the copies of 
the records of the several wards, certified as 
aforesaid, and shall cause the person who may 



CITYCHARTER. f 

have been elected mayor, to be notified in 
writing of his election ; but if it shall appear 
that no person has received a majority of all 
the votes, or if the person elected shall refuse 
to accept the office, the board shall issue their 
warrants for a new election, and the same 
proceedings shall be had as are herein before 
provided, for the choice of mayor, and re- 
peated from time to time, until a mayor is 
chosen. 

In case of the decease, resignation or absence To supply 
of the mayor, or his inability to perform the ^?-^^^^ ^° 
duties of his office, it shall be the duty of the J^jjf'J^ 
board of Aldermen and the common council in 
convention, to elect a mayor for the time be- 
ing, to serve until another is chosen, or until 
the occasion causing the vacancy is removed. 

And, if it shall appear that the whole num- and Alder- 
ber of aldermen have not been elected, the men. 
same proceedings shall be had, as are herein 
before provided for the choice of mayor. Each 
alderman shall be notified in writing of his 
election, by the mayor and aldermen for the 
time being. 

The oath prescribed by this act, shall be Mayor's 
administered to the mayor by the city clerk, Oath, 
or any justice of the peace for the County of 
Norfolk. 

The aldermen and common councilmen 
elect, shall, on the first Monday of April, at 
ten o'clock in the forenoon, meet in conven- 
tion, when the oath required by this act shall 
be administered to the members of the two 
boards present, by the mayor, or by any jus- 
tice of the peace for the County of Norfolk. 
and a certificate of such oath having been 
taken, shall be entered on a journal of the 



CITY CHARTER 



Notice to 
Conven- 
tion when 
no Mayor 
is chosen. 



Organiza- 
tion of the 
Common 
Council. 



In absence 
of Mayor 
at first 
Meeting. 



Mayor pro 
tem. 



EachBoard 
judge of 
Elections 
of its own 
Members, 
&c. 



Duties of 
Mayor. 



mayor and aldermen, and of the common 
council, by their respective clerks. 

And whenever it shall appear that no mayor 
has been elected previously to the said first 
Monday in April, the mayor and aldermen 
for the time being, shall make a record of that 
fact ; an attested copy of which, the city clerk 
shall read at the opening of the convention to 
be held as aforesaid. 

After the oath has been administered as 
aforesaid, the two boards shall separate ; and 
the common council shall be organized by the 
choice of a president and a clerk, to hold their 
office during the pleasure of the common 
council, and to be sworn to the faithful per- 
formance of their duties. 

In case of the absence of the mayor elect, 
on the first Monday in April, the city govern- 
ment shall organize itself in the manner here- 
in before provided, and may proceed to busi- 
ness in the same manner as if the mayor were 
present, and the oath of office may be admin- 
istered to the mayor at any time thereafter, in 
a convention of the two branches. 

In the absence of the mayor, the board of 
aldermen may choose a chairman pro tempore^ 
who shall preside at joint meetings of the two 
boards. 

Each board shall keep a record of its own 
proceedings, and judge of the elections of its 
own members ; and in failure of election, or 
in cases of vacancy, may order new elections. 
And in case of any such vacancy declared by 
either board, the mayor and aldermen shall 
order a new election. 

Sect. 7. The mayor thus chosen and qual- 
ified, shall be the chief executive officer of 



CITYCHARTER. » 

said city. It shall be his duty to be vigilant 
in causing the laws and regulations of the city 
to be enforced, and keep a general supervision 
over the conduct of all subordinate officers, 
with power to remove them for neglect of 
duty. He may call special meetings of the 
boards ,of aldermen and common council, or 
either of them, when necessary in his opinion, 
by causing notices to be left at the places of 
residence of the several members ; he shall 
communicate, from time to time, to both of 
them, such information, and recommend such 
measures, as in his opinion the interests of the 
city may require ; he shall preside in the board 
of aldermen, and in convention of the two 
branches, but shall have only a casting vote. 

The salary of the mayor for the first year, Compensa- 
in which this charter shall take effect, shall ''o'l- 
be six hundred dollars, and no more ; his sal- 
ary shall afterwards be fixed by the city 
council, but neither increased nor diminished 
during the year for which he is chosen ; and 
he shall have no other compensation : provid- May head- 
ed, hoioever, that the city council shall have pointed 
power to appoint the mayor commissioner of ^°™™'^» 

f . , ^^ , . , •'. . . 1 sioner oi 

highways, when, m their opinion, such an Highways, 
office is necessary, and allow him a suitable 
compensation therefor. 

Sect. 8. The executive power of said city Executive 
generally, and the administration of the po- power in 
lice, with all the powers heretofore vested in an^ AWer- 
the Selectmen of Roxbury, shall be vested in men. 
the mayor and aldermen, as fully as if the 
same were herein specially enumerated. 

And the mayor and aldermen shall have Police 
full and exclusive power to appoint a consta- Office, 
ble and assistants, or a city marshal and as- 
2 



10 CITYCHARTER, 

sistants, with the powers and duties of con- 
stables, and all other police officers ; and the 
same to remove at pleasure. 
Consta- And the mayor and aldermen may require 

^1®^' any person, appointed a constable of the city, 

°° ^' to give bonds, with such security as they may 
deem reasonable, before he enters upon the 
duties of his office, upon which bonds the 
like proceedings and remedies may be had, as 
are by law provided in case of constables' 
bonds taken by selectmen of towns. 
Licences. And the mayor and aldermen shall have 
the same power to grant licenses to innhold- 
ers, victuallers, and retailers within the city 
which is possessed by the mayor and alder- 
men of the City of Boston. 
To appoint The city council shall annually, as soon 
certain after their organization as may be convenient. 
Officers, elect, by joint ballot in convention, a treasurer 
and collector of taxes, a chief engineer, a city 
clerk, and three assessors of taxes, and fix 
their compensations. They shall, also, in such 
manner as they shall determine, appoint or 
elect all other subordinate officers, for whose 
election or appointments other provision is 
not herein made, define their duties, and fix 
their compensations. 
Sittings All sittings of the common council shall be 

public. public, and all sittings of the mayor and 
aldermen shall also be public, when they are 
not engaged in executive business. 

The city council shall take care that no 
moneys be paid from the treasury, unless 
granted or appropriated; shall secure a just 
and proper accountability by requiring bonds, 
with sufficient penalties and sureties, from 
all persons trusted with the receipt, custody, 



CITY CHARTER. 11 

or disbursement of money ; shall have the 
care and superintendence of the city build- 
ings, with power to let, or to sell what may 
be legally sold ; and to purchase property, 
real or personal, in the name and for the use 
of the city, whenever its interest or conven- 
ience may in their judgment require it. And 
the city council shall, as often as once in a 
year, cause to be published, for the use of the 
inhabitants, a particular account of the re- 
ceipts and expenditures, and a schedule of 
city property. 

Sect. 9. In all cases in which appoint- Mayor to 
ments are directed to be made by the mayor "°°^i"^t®- 
and aldermen, the mayor shall have the ex- 
clusive power of nomination; such nomina- 
tion, however, being subject to be confirmed 
or rejected by the board of aldermen ; Pro- Members 
vided^ hoioever^ that no person shall be eligible o^ City 
to any one office of emolument, the salary of^°""j*j^M , 
which is payable out of the city treasury, to offices 
who, at the time of such appointment, shall of emolu- 
be a member of the board of aldermen or of ™®"*- 
the common council. 

Sect. 10. The city clerk shall also be clerk Duties of 
of the board of aldermen, and shall be sworn City Clerk, 
to the faithful performance of his duties. He 
shall perform such duties as shall be prescrib- 
ed by the board of aldermen, and he shall 
perform all the duties, and exercise all the 
powers, by law incumbent upon, or vested in, 
the town clerk of the town of Roxbury. He 
shall be chosen for one year, and until anoth- 
er shall be chosen and qualified in his place ; 
but may be at any time removed by the city 
council. 



12 CITY CHARTER. 

Sect. 11. The qualified voters of each Overseers 
ward, at their respective annual ward meet- of the Poor, 
ings for the choice of officers, shall elect by 
ballot one person in each ward to be an over- 
seer of the poor, who shall be a resident of 
said ward, and the person thus chosen, to- 
gether with the mayor, shall constitute the 
board of overseers of the poor, and shall have 
all the powers and be subject to all the duties 
now by law appertaining to the overseers of 
the poor for the town of Roxbury. 

The qualified voters shall, at the same time School 
and in the same manner elect three persons Commit- 
from the city at large, and two persons from ^^^' 
each ward to be members of the school com- 
mittee, and the persons thus chosen shall con- 
stitute the school committee, and have the eare 
and superintendence of the public schools. 

The qualified voters shall, at the same time Assistant 
and in like manner, elect one person in each A^s^^^o"- 
ward to be an assistant assessor, who shall be 
a resident of said ward ; and it shall be the 
duty of the persons so chosen to furnish the 
assessors with all necessary information rela- 
tive to persons and property taxable in their 
respective wards, and they shall be sworn to 
the faithful performance of their duty. 

And the persons to be chosen by the city Assessors, 
council as assessors, shall constitute the board 
of assessors, and shall exercise the powers 
and be subject to the duties and liabilities of 

assessors in towns. Council 

All taxes shall be assessed, apportioned and may make 
collected in the manner prescribed by law *^^''f'^^'"P''°' 

, . -777 Vision for 

relative to town taxes : provided, however, collection 
that it shall be lawful for the city council to of Taxes. 



CITYCHARTER. 13 

establish further and additional provision for 
the collection thereof 

Should there fail to be a choice of overseers Vacancies, 
of the poor, members of the school committee, how filled, 
or assistant assessors, in any ward, the va- 
cancy or vacancies shall be filled by the city 
council in convention, in the same manner 
that is provided for filhng vacancies in the 
Senate of this Commonwealth. 

Sect. 12. The city council shall have ex- Highways, 
elusive authority and power to lay out any 
new street or town way, and to estimate the 
damages any individual may sustain thereby, 
but all questions relating to the subject of lay- 
ing out, accepting, altering, or discontinuing 
any street or way, shall first be acted upon 
by the mayor and aldermen. And any person 
dissatisfied with the decision of the city coun- 
cil in the estimate of damages, may make Appeal to 
complaint to the County Commissioners of bounty 
the County of Norfolk, at any meeting held gj°^™^^^" 
within one year after such decision ; where 
upon the same proceedings shall be had as 
are now provided by the laws of the Com- 
monwealth in cases where persons are ag- 
grieved by tbe assessment of damages by Se- 
lectmen, in the twenty-fourth chapter of the 
Revised Statutes. 

Sect. 13. All power and authority now Health, 
by law vested in the Board of Health for the 
Town of Roxbury, or in the Selectmen of said 
town, shall be transferred to, and invested in 
the city council, to be carried into execution 
in such manner as the city council shall deem 
expedient. 

Sect. 14. The city council shall have au- Common 
thority to cause drains and common sewers to Sewers. 



14 CITY CHARTER. 

be laid down through any street or private 
lands, paying the owners such damage as they 
may sustain thereby ; and to require all per- 
sons to pay a resonable sum for the privilege 
of opening any drain into said public drain or 
common sewer. 

And the city council may make by-laws Inspection 
with suitable penalties for the inspection, sur-^^umber, 
vey, measurement, and sale of lumber, wood, 
coal, and bark, brought into the city for sale. 

Sect. 15. All fines forfeitures and penal- Prosecu- 
ties accruing for the breach of any by-laws of tJons for 
the City of Roxbury, or of any of the ordi- cuy Laws, 
nances of the city council, or of any of the &c. 
orders of the mayor and aldermen, may be 
prosecuted for and recovered, before any jus- 
tice of the peace in said city of Roxbury, by 
complaint or information, in the name of the 
Commonwealth, in the same way and man- 
ner in which other criminal offences are now 
prosecuted before the justices of the peace 
within this Commonwealth ; reserving, how- 
ever, in all cases, to the party complained of 
and prosecuted, the right of appeal to the 
Court of Common Pleas, then next to be held 
in the County of Norfolk, from the judgment 
and sentence of any justice of the peace. 

And the appeal shall be allowed on the same 
terms and the proceedings be conducted there- 
in in the same manner as provided in the one 
hundred and thirty-eighth chapter of the Re- 
vised Statutes of this Commonwealth. 

And it shall be sufficient, in all such prose- 
cutions, to set forth in the complaint, the 
offence fully, plainly, substantially, and for- 
mally, and it shall not .be necessary to set 
forth such by-law, ordinance or order, or any 
part thereof 



CITYCHARTER. 15 

All fines, forfeitures and penalties so recov- 
ered and paid, shall be paid to the treasurer 
of the City of Roxbury, and shall enure to 
such uses as said council shall direct. 

When any person upon any conviction be-Prosecu- 
fore a justice of the peace, for any breach of||°°^ ^"'" 
any by-law of said city of Roxbury, or any city Laws, 
of the ordinances of the city council, or any &c. 
of the orders of the mayor and aldermen, shall 
be sentenced to pay a fine, or ordered to pay 
any penalty or forfeiture, provided by any 
such by-law, ordinance or order, or upon 
claiming an appeal, shall fail to recognize for 
his appearance at the court appealed to, and 
there to prosecute his appeal and to abide the 
sentence or order of the court thereon, and in 
the meantime to keep the peace and be of 
good behaviour, and upon not paying the fine, 
penalty or forfeiture and costs so assessed 
upon him, he shall be committed to prison, 
there to remain until he or she shall pay such 
fine, forfeiture or penalty and costs, or be oth- 
erwise discharged according to law. 

The provisions of this section shall also ap- 
ply to all prosecutions founded on the by-laws 
or ordinances of the Town of Roxbury, which 
may continue in force after this act shall go 
into operation. 

Sect. 16. It shall be the duty of the cityRepresen 
council annually, in the month of October, totatives. 
meet in convention and determine the number 
of representatives to be elected by the City 
to the General Court in such year, which 
shall be conclusive, and the number thus 
determined shall be specified in the warrant 
calling meetings for the election of represen- 
tatives. 



16 



CITY CHARTER 



Federal 
Officers. 



Proceed- Sect. 17. All elections for County, State, 
ings at and and United States' officers, who are voted for 
inss ToT ' ^7 ^^^® people, shall be held at meetings of the 
election ofcilizens qualified to vote in such elections. 
County, in their respective wards, at the time fixed by 
rld^er'ai^"*^ law for these elections respectively ; and at 
such meetings all the votes, given for said 
several ofiicers respectively, shall be assorted, 
counted, declared, and registered in open ward 
meeting, by causing the names of all persons 
voted for, and the number of votes given for 
each, to he written in the ward record in 
words at length. The ward clerk shall forth- 
with deliver to the city clerk a certified copy 
of the record of such elections. The city 
clerk shall forthwith record such returns, and 
the mayor and aldermen shall within two 
days after every such election, examine and 
compare all said returns, and make out a cer- 
tificate of the result of such elections, to be 
signed by the mayor and a majority of the 
aldermen, and also hy the city clerk, which 
shall be transmitted or delivered in the same 
manner as similar returns are by law directed 
to be made by selectmen of towns. And in 
all elections for representatives to the General 
Court, in case the whole number proposed to 
be elected shall not be chosen by a majority 
of the votes legally returned, the mayor and 
aldermen shall forthwith issue their warrant 
for a new election, conformably to the provis- 
ions of the Constitution, and the laws of the 
Commonwealth. 

Sect. 18. Prior to every election the mayor 
and aldermen shall make out lists of all the 
citizens of each ward qualified to vote in such 
elections, in the manner in which selectmen 



List of 
Voters. 



CITYCHARTER. 17 

of towns are required to make out lists of vo- 
ters ; and for that purpose they shall have 
full access to the assessors' books and lists, 
and be entitled to the assistance of all asses- 
sors, assistant assessors, and the city officers, 
and they shall deliver said lists, so prepared 
and corrected, to the clerks of said wards, to 
be used at such elections ; and no person 
shall be entitled to vote whose name is not 
borne on such list. 

Sect. 19. General meetings of the citizens Meetings 
qualified to vote, may, from time to time, be°r.^^^ 
held, to consult upon the public good ; to ^^*'^^"^- 
instruct their representatives, and to take all 
lawful measures to obtain redress for any 
grievances, according to the right secured to 
the people by the Constitution of this Com- 
monwealth. And such meetings may and 
shall be duly warned, by the mayor and al- 
dermen, upon the requisition of fifty qualified 
voters. 

Sect. 20. For the purpose of organizing First or- 
the system of government hereby established, ganization 
and putting the same into operation in the^ _y 
first instance, the selectmen of the town of ment. 
Roxbury for the time being, shall, on some 
day during the months of March and April of 
the present year, issue their warrants, seven 
days at least previous to the day so appointed 
for calling meetings of the said citizens at such 
place and hour as they may deem expedient, 
for the purpose of choosing a warden, clerk, 
and inspectors for each ward, and all other 
officers whose election is provided for in the 
preceding sections of this act, and the tran- 
scripts of the records of each ward, specifying 
the votes given for the several officers afore- 
3 



18 CITYCHARTER. 

First or- said, certified by the warden and clerk of such 
ganization ward at Said first meeting, sliall be returned 
of the City ^^ j.|^g ^^-^ selectmen, whose duty it shall be 

(jovern- . ' -' , . 

ment. to examuie and compare the same, and m 
case said elections should not be completed at 
the first meeting, then to issue new warrants 
until such elections shall be completed; and 
to give notice thereof in the manner herein 
before provided, to the several persons elected. 
And at said first meeting, any inhabitant of 
said ward, being a legal voter, may call the 
citizens to order, and preside until a warden 
shall have been chosen. And at said first 
meeting a list of voters in each ward, pre- 
pared and corrected by the selectmen for the 
time being, shall be delivered to the clerk of 
each ward, when elected, to be used as herein 
before provided. And the selectmen shall ap- 
point such time for the first meeting of the 
city council, as they may judge proper, after 
the choice of city officers as aforesaid, or a 
majority of the members of both branches, in 
the year one thousand eight hundred and for- 
ty-six, and shall also fix upon the place and 
the hour of said first meeting, and a written 
notice thereof shall be sent by said selectmen, 
to the place of abode of each of the city offi- 
cers chosen as provided in this section. And 
after this first election of city officers, and this 
first meeting for the organization of the city 
council, as in this section is provided, the day 
of holding the anual elections, and the day 
and hour for the meeting of the city council, 
for the purpose of organization, shall remain 
as provided in the sixth section of this act. 

And it shall be the duty of the city council, 
irrunediately after the first organization, to 



CITY CHARTER. 19 

elect all necessary city officers, who shall hold 
their offices respectively until others are cho- 
sen and qualified ; and at the meetings to be 
called, as prescribed in this section, for the 
choice of ward and city officers, the said inhab- 
itants may, and shall, also give in their votes 
for county officers, which votes shall be re- 
corded, certified and returned in the manner 
provided in the seventeenth section of this act. 

Sect. 21. The city council shall have Power of 
power to make all such salutary and needful the City 
by-laws, as towns, by the laws of this Com- 5^°"""^ 
monwealth, have power to make and estab- By-Laws, 
lish, and to annex penalties not exceeding 
twenty dollars for the breach thereof, which 
by-laws shall take effect, and be in force, from 
and after the time therein rerpectively limited, 
without the sanction of any court, or other 
authority whatever; provided^ however^ that 
all laws and regulations now in force in the 
town of Roxbury, shall, until they shall ex- 
pire by their own limitation, or be revised or 
repealed by the city council, remain in force; 
and all fines and forfeitures for the breach of 
any by-law, or ordinance, shall be paid into 
the city treasury. 

Sect. 22. The annual town meeting for Annual 
the town of Roxbury, which by law is re- ^o^" ^neet- 
quired to be held in the month of March or p° n^^ed' 
April, is hereby suspended, and all town offi- &c., and 
cers now in office, shall hold their places until town offi- 
this act shall ffo into operation; and in case *^^^® **^i^°^^ 
this charter shall not be accepted, in the man- 
ner and form as hereinafter provided, then the 
selectmen shall issue their warrant according 
to law, for holding the annual town meeting 
of the inhabitants, in which all the proceed- 



20 CITYCHARTER. 

ings shall be the same as if this act had not 
been passed. 
Delivery, Sect. 23. All officers of the town of Rox- 
&c. of Re- bury^ having the care and custody of any re- 
City Clerk, cords, papers, or property belonging to said 
town, shall deliver the same to the city clerk, 
within one week after his entering upon the 
duties of his office. 
Repeal of Sect. 24. All such acts, and parts of acts, 
mconsist- ^g g^j-g inconsistent with the provisions of this 
ions.^'^"^'*" ^ct, shall be, and the same are hereby re- 
pealed. 
Legislature Sect. 25. Nothing in this act contained 
may alter shall be SO coustrued as to prevent the Legis- 
this act^'^^ lature from altering or amending the same, 

wherever they shall deem it expedient. 
Act to be Sect. 26. This act shall be void, unless 
void unless the inhabitants of the town of Roxbury, at a 
accepted Jegal town meeting called for that purpose, 
habitants!^' shall, by a vote of a majority of the voters 
present, and voting thereon, by a written bal- 
lot, determine to adopt the same within twen- 
ty days from and after its passage. 
When to Sect. 27. This act shall go into operation 
take effect, from and after its passage. 

[Passed March 12, 1846.] 



ACCEPTANCE OF THE CHARTER. 21 



Extract from the Records of the Town of Roxhury. 

At a meeting of the Freeholders and other Inhabit- 
ants of the town of Roxhury, quahfied to vote in 
Town affairs, duly warned and legally assembled at 
the Town Hall, in said town, on Wednesday, the 
twenty-fifth day of March, A. D. 1846. 

Art. 1. John J. Clarke, Esq. was chosen Modera- 
tor. 

The Town voted that the Poll be closed at six 
o'clock this day. 

Art. 2. The qualified voters were called upon by 
the Moderator to bring in their ballots. Yea or Nay, 
for the acceptance or rejection of the Act of the Legis- 
lature to " Establish the City of Roxbury." 

The same being sorted and counted, it appeared 
that the whole number of ballots given in was one 
thousand and twenty-eight. 

Eight hundred and thirty-six Yeas. 
One hundred and ninety-two Nays. 

Whereupon the Moderator then declared that the 
"Act to establish the City of Roxbury," had been 
accepted by the People. 

The Meeting was then dissolved. 

A true Record. 

Attest : NATH'L S. PRENTISS, Toion Clerk. 

August 31, 1846. A true copy from the Record. 
JOSEPH W. TUCKER, City Clerk. 



AMENDMENT 



COMMONWEALTH OF MASSACHUSETTS. 



In the Year One Thousand Eight Hundred and Fifty. 



An Act in addition to an Act to establish the City 
of Roxbury. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the au- 
thority of the same, as folloios : 
Sect. 1. The several municipal officers whose elec- 
tion by the people is provided for in the act to which 
this is an addition, shall, subsequently to the March 
election of the present year, be chosen on the second 
Monday of December, annually, and shall enter upon 
the duties of their respective offices on the first Mon- 
day in January, each year ; — but the officers chosen 
for the municipal year, commencing with the first 
Monday of April next, shall hold their offices only 
until the first Monday of January ensuing. 

Sect. 2. So much of the sixth section of the act to 
which this is in addition, as relates to warden, clerk, 
and inspectors, is hereby repealed. 

Sect. 3. Any vacancy in the office of overseer of 
the poor, assistant assessor, or school committee, may 
be filled in the manner provided in the sixth section of 
that act to which this is in addition, for filling vacan- 
cies in the common council. 



AMENDMENT. 23 

Sect. 4. The list of jurors in the city of Roxbnry, 
shall be prepared by the mayor and aldermen of the 
city, in the same manner as is required in the ninety- 
fifth chapter of the Revised Statutes, to be done by 
the selectmen, within and for their respective towns; 
and the lists, when made out by the mayor and alder- 
men, shall be submitted to the common council for 
concurrent revision or amendment. 

Sect. 5. The said mayor and aldermen, and the 
clerk of the city, shall severally have, and exercise, all 
the powers and duties, with regard to the drawing of 
jurors in the city of Roxbury, and all other matters 
relating to jurors therein, which are, in the ninety-fifth 
chapter of the Revised Statutes, required to be per- 
formed by the selectmen and town clerks, in their 
respective towns ; and all venires for jurors to be 
returned from Roxbury, shall be served on said mayor 
and aldermen. 

Sect. 6. This act shall be void, unless approved 
by the voters of Roxbury, at meetings held simulta- 
neously in the several wards, upon notice duly given, 
at least seven days before the time of said meetings, 
at least seven days before the time of said meet- 
ings, and within thirty days after the passage of 
this act. 

Sect. 7. The mayor and ward officers chosen 
under this act, shall hold their respective offices for 
one year, and until others shall have been chosen in 
their places and qualified to act. 

Sect. 8. This act shall take effect from and after 
its passage. 

[Approved by the Governor, Feb. 12, 1850.] 



24 ACCEPTANCE OF THE AMENDMENT. 



ACCEPTANCE OF THE AMENDMENT. 

In Board of Aldermen, February 25, 1850. 

Ordered, That Aldermen Young and Ward be a 
Committee to examine the returns of votes from the 
several wards, as given in this day upon an amend- 
ment to the City Charter, who subsequently reported 
as follows: 

The special Committee to whom was referred the 
returns of votes from the several wards, as given in 
this day, upon an amendment to the City Charter, 
entitled "An Act in addition to an Act to Establish 
the City of Roxbury," passed February 12, 1850, 
submit the following report : 

The whole number of ballots given in the several 
wards was one hundred and twenty-four. 

For the amendment to the City Charter, one hun- 
dred and fifteen ; against the amendment, nine. 

No return was received from ward seven. 

C. YOUNG, ) ri 

R. WARD. S^^'^*'^^^' 

Report read and accepted, and the amendment 
declared to be adopted. 

A true copy from the Record. 

Attest, JOSEPH W. TUCKER, City Clerk. 



AMENDMENT 



COMMONWEALTH OF MASSACHUSETTS. 



In the Year One Thousand Eight Hundred and Fifty-Two. 



An Act in further addition to an Act to establish the 
City of Roxbury. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the au- 
thority of the same, as folloros : 
Sect. 1. The number of Wards of said City shall 
be five, and each Ward respectively, shall embrace the 
same territory as at present, unless altered as herein- 
after provided. It shall be the duty of the City Coun- 
cil, once in five years, to revise and if it be needful, to 
alter said Wards in such manner as to preserve, as near- 
ly as may be, an equal number of voters in each Ward. 
Sect. 2. The second section of the said act, entit- 
led "An act to establish the city of Roxbury," is 
hereby so far amended, that from and after the elec- 
tion of the five additional Common Councilmen for the 
current municipal year, whose election is hereinafter 
provided for, the Council, called the Common Council, 
shall consist of twenty. 

Sect. 3. The Mayor and eight Aldermen, one 
Alderman to be selected from each Ward, and three 
Aldermen from the city at large, shall be elected annu- 
4 



26 AMENDMENT. 

ally, by the qualified voters of the city at large, voting 
in their respective Wards, and four Common Council- 
men shall be elected annually from and by the voters 
of each Ward, who shall be residents of the Wards in 
which they are elected ; all of said officers shall be 
chosen by ballot, and shall hold their offices for one 
year from the first Monday of January, and the Mayor, 
until another shall be elected and qualified in his place ; 
all of said officers shall be elected on the second Mon- 
day of December, annually, and shall enter upon the 
duties of their respective offices, on the first Monday 
of January each year. 

Sect. 4. There shall be elected, at such time in the 
month of February or March, of the present year, as 
the Mayor and Aldermen shall appoint, by the quali- 
fied voters of the city at large, voting in their respect- 
ive Wards, three Aldermen trom the city at large, in 
addition to those already elected from Wards, and one 
Common Councilman shall be elected from and by the 
voters of each Ward, in addition to those ah'eady elect- 
ed; and the Common Councilmen so elected, shall be 
residents of the Wards in which they are elected ; all 
of said officers shall be chosen by ballot, and shall en- 
ter upon the duties of their respective offices as soon as 
may be after their election, and shall hold their re- 
spective offices until the first Monday of January next ; 
and in case of failure of elections, of either of said Al- 
dermen or Common Councilmen, or in case of vacancy 
from any other cause, the Mayor and Aldermen shall 
order a new election for the purpose of filling such va- 
cancy, as is provided in the sixth section of the act to 
which this is in additjon. 

Sect. 5. This act shall be void, unless the inhabit- 
ants of Roxbary, at any general meeting, duly warned 
by public notice, of at least seven days, by the Mayor 
and Aldermen, shall, (within thirty days from the pas- 
sage hereof,) by written vote, adopt the same. 



ACCEPTANCE OF THE AMENDMENT. 27 

Sect. 6. All acts, or parts of acts, inconsistent here- 
with, are hereb3'- repealed. 

Sect. 7. This act shall take effect from and after 
its passage. 

[Approved by the Governor, Feb. 11, 1852.] 



ACCEPTANCE OF THE AMENDMENT. 

Extract from the Records of the City of Roxbury. 

At a meeting of the inhabitants of the City of Rox- 
bury, qualified to vote iu elections, duly warned and 
legally assembled at the City Hall in said city, on Mon- 
day the twenty-third day of February, 1852. 

Art. 1. Laban S. Beecher Esq. was chosen Mod- 
erator. 

It was voted that the Poll be closed at 7 o'clock. 

Art. 2. The qualified voters Avere called upon by 
the Moderator to bring in their ballots, Yea or Nay, 
for the acceptance or rejection of the act of the Legis- 
lature, entitled ''An Act in furthur addition to an Act 
to establish the City of Roxbury," passed Feb. 11, 1852. 

The same being sorted and counted, it appeared that 
the whole number of ballots given in, was, two hun- 
dred and fifty-eight. 

Two hundred and forty-five Yeas. 

Thirteen Nays. 

Whereupon the Moderator then declared that the 
"Act in further addition to an act to establish the City 
of Roxbury," had been accepted by the people. 

The meeting was then dissolved. 
A true Record. 

JOSEPH W. TUCKER, City Clerk. 



STATE LAWS 



AN ACT 
Relating to a Public Cemetery in the City of Roxbury. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the au- 
thority of the same, as folloivs : 
Sect. 1. The City Council of Roxbury is hereby 
authorized to elect by joint ballot in convention a 
board of five Commissioners, for the term of five years. 
who shall have the sole care, superintendence and 
management of the Rural Cemetery established by 
said City Council , one member of which board shall 
go out of office each year, and one member shall be 
chosen annually in the month of March ; but said 
board or either member thereof, after having had an 
opportunity to be heard in his or their defence, may 
be removed at any time, by a concurrent vote of two- 
thirds of each branch of the City Council, and in case 
of a vacancy in said board of Commissioners by 
death, resignation, removal or otherwise, such vacan- 
cy shall be filled by the choice of another Commis- 
sioner in the manner aforesaid, who shall hold his 
office for the residue of the term for which such mem- 
ber so deceased, resigned, or removed, would have 
held the same. Said board may be organized by the 
choice of a chairman and secretary from their own 
number, and a major part of said board shall consti- 



STATELAWS. 29 

tute a quorum for the exercise of the powers and the 
performance of the duties of the said office. And the 
term for which the several members of the first board 
of Commissioners shall hold their office, shall be de- 
termined by the City Council as follows : The Com- 
missioner first chosen, shall hold his office for five 
years; the Commissioner next chosen, shall hold his 
office for four years ; the Commissioner next chosen, 
shall hold his office for three years ; the Commis- 
sioner next chosen, shall hold his office for two years ; 
and the Commissioner next chosen, shall hold his 
office for one year. 

Sect. 2. The said board of Commissioners shall 
set apart and appropriate a portion of said Cemetery 
as a public burial place for the use of the inhabitants 
of the City of Roxbury, free of any charge therefor ; 
and they shall lay out said Cemetery in suitable lots, 
or other subdivisions, for family or other burying 
places, with all the necessary paths and avenues, 
and may plant and embellish the same with trees, 
shrubs, flowers, and other rural ornaments, and may 
enclose and divide the same with proper fences, and 
erect or annex thereto such suitable edifices, appen- 
dages and conveniences, as they shall from time to 
time deem expedient ; and said board may make all 
necessary by-laws, rules and regulations, in the exe- 
cution of their trust, not inconsistent with this act 
and the laws of the Commonwealth, as they shall 
deem expedient. 

Sect. 3. Said board of Commissioners shall have 
authority to grant and convey to any person or per- 
sons by deeds duly executed, the sole and exclusive 
right of burial, and of erecting tombs, cenotaphs, and 
other monuments in any of the designated lots or sub- 
divisions of said Cemetery, upon such terms and 
conditions, as they shall by their rules and regula- 
tions prescribe. 



30 STATELAWS. 

Sect. 4. The proceeds of sales of lots or rights of 
burial in said Cemetery, shall be paid into the city 
treasury to be kept separate from any other funds of 
the city, and subject to the order of said Commis- 
sioners, and such proceeds shall be devoted to the 
liquidation of the debt incurred in the purchase of 
the land for said Cemetery, and to the improvement 
and embellishment thereof, as aforesaid, under the 
direction of said board of Commissioners. And no 
other moneys shall be appropriated from the city 
treasury by the City Council, for such improvement 
and embellishment. 

Sect. 5. Said board of Commissioners shall annu- 
ally, in the month of February, and whenever re- 
quired by the City Council, make and render a report 
in writing of all their acts and proceedings, and of 
the condition of the Cemetery, and an account of the 
receipts and expenditures for the same, and the funds 
subject to their order. 

Sect. 6. This act shall be void unless the City 
Council of Roxbury shall accept the same at a meet- 
ing of said City Council, called for that purpose, with- 
in thirty days after its passage. 

Sect. 7. This act shall take effect from and after 
its passage. 

[Approved by the Governor, March 24, 1848.] 

[Accepted by the City Council.] 



S T A T E L A W S . 31 



AN ACT 



In Addition to an Act Relating to a Public Cemetery 
in the City of Roxbury. 

Be it enacted by the Senate arid House of Representa- 
tives in General Court assetnbled, and by the au- 
thority of the same, as folloics : 
Sect. 1. The Board of Commissioners of the Rural 
Cemetery in Roxbury, elected by the City Council, 
pursuant to an act approved March twenty-fourth, 
One Thousand Eight Hundred and Forty-Eight, are 
authorized to take and hold any grant, donation, or 
bequest of property, upon trust, to apply the same, or 
the income thereof, for the improvement or embellish- 
ment of the said Cemetery, or for the erection, repair, 
preservation, or renewal of any monument, fence or 
other erection, or for the planting and cultivation of 
trees, shrubs or plants in or around any lot, or for 
improving the said premises in any other manner 
or form, consistent with the purposes for which 
said Cemetery is established, according to the terms 
of such grant, donation or bequest, and whenever any 
such grant, donation or bequest, or any deposite shall 
be made by the proprietor of any lot in said Cemetery, 
for the annual repair, preservation or embellishment 
of such lot and the erections thereon, the said Com- 
missioners may give to such proprietor, or his repre- 
sentative, an agreement or obligation, in such form, 
and upon such terms and conditions as they may 
establish, binding themselves and their successors to 
preserve and keep in repair said lot, forever, or for 
such period as may be agreed on. 

Sect. 2. Any sums of money, so received by said 
Commissioners, shall be invested by the City Treasurer 
of Roxbury, under the direction of said Commission- 



32 STATELAWS. 

ers, in public stocks, or mortgages of real estate, and 
all such property received under the provisions of the 
foregoing section (unless other provision is made by 
the terms of any such grant, donation or bequest) 
shall be made under the charge of said City Treasurer, 
but shall always remain separate from and independ- 
ent of any other moneys or property belonging to the 
City of Roxbury, and free from the control of the 
City Council. And the income of such fund or funds 
shall be received by said Treasurer, subject to the 
order of said Commissioners, and shall be appropriated 
by them in such manner as shall, in their opinion, 
best promote the purposes for which said grants, 
donations, bequests or deposites are made. 

Sect. 3. The City of Roxbury shall be responsible 
for the good faith of said Commissioners and the 
Treasurer of said City, in the execution of any trust 
which they may assume pursuant to the forgoing 
provisions. But said Commissioners shall not be 
liable to make any renewal or reconstruction of any 
monument, or other erection, on any lots in said Cem- 
etery, unless such liability shall be expressed in the 
agreement given by them as aforesaid, or in the terms 
and conditions under which they accept any grant, 
donation or bequest. 

Sect. 4. This act shall be void, unless the City 
Council of Roxbury shall accept the same at a meet- 
ing of said Council called for that purpose, within 
thirty days after its passage. 

Sect. 5. This act shall take effect from and after 
its passage. 

[Approved by the Governor, Feb. 25, 1852.] 

[Accepted by the City Council.] 



STATELAWS. 33 



AN ACT 

To Regulate the Storage and Transportation of Gun- 
powder in tlie City of Roxbury. 

Be it enacted by the Senate arid House of Representa- 
tives in General Court assembled^ and by the au- 
thority of the same, as follows : 
Sect. 1. No person shall keep or have, in any 
building or other place, within one hundred and fifty 
yards of any wharf or main land, in the City of Rox- 
bury, any quantity of gunpowder exceeding twenty- 
five pounds, except in the discharge of military duty, 
or as hereinafter provided. 

Sect. 2. The Mayor and Aldermen of said City 
of Roxbury may grant licenses for the sale of gun- 
powder in said City, which shall continue in force 
one year, unless sooner annulled b}'" said Mayor and 
Aldermen; and said Mayor and Aldermen may, at 
any time, annul said licenses for good cause ; and 
said Mayor and Aldermen may, at any time within 
the year for which said license may be granted, or 
from year to year renew the same. For each original 
license, there shall be paid a fee of live dollars, and 
for each renewal thereof, a fee of one dollar, to be 
paid to the Treasurer of said City. 

Sect. 3. The Mayor and Aldermen may make 
and establish rules and regulations relative to the 
times and places of transporting gunpowder in, 
through, and over said City, or any part thereof, 
either by land or water; the kind of carriages, boats, 
ships or vessels, in and by which the same shall be 
transported; the manner in which gunpowder shall 
be kept by such persons as have been licensed to 
keep the same ; and all such other rules and regula- 
tions relative to the keeping or transportation of gun- 
powder in said Roxbury, except in the performance 
5 



34 STATELAWS. 

of military duty, as to them may seem needful or 
expedient. 

Sect. 4. Any gunpowder had and kept in said 
City, or transported in and through the same, except 
in the perforaiance of military duty, or under a license 
as hereinbefore provided, may be seized by any engi- 
neer of the Fire Department of said City, and by him 
safely kept, until disposed of, as hereinafter provided. 

Sect. 5. When any gunpowder shall be so seized, 
the person seizing shall libel the same, in the manner 
provided by the one hundred and eighteenth chapter 
of the Revised Statutes, for the '-seizing and libelling 
of forfeited goods; "and the same proceedings shall 
be had upon and in pursuance of said libel, as are 
provided in said chapter, from the twentieth to the 
thirty-fifth sections thereof, both inclusive, so far as 
said proceedings may convieniently be applied to the 
article of gunpowder ; and all the provisions of that 
portion of said chapter above referred to shall be in 
force in relation to the seizure of gunpowder as above 
provided, as fully as if the article of gunpowder were 
specially mentioned therein. 

Sect. 6. Either of the Engineers of the Fire De- 
partment of said City may at any time enter the 
place of business of any party licensed to keep gun- 
powder, for the purpose of ascertaining whether or 
not the provisions of this act, and the conditions of 
such party's license, have been duly observed and 
complied with. 

Sect. 7. The rules and regulations herein above 
referred to, relative to the transportation and keeping 
of gunpowder in said City, shall be posted up in 
reasonable time after the making thereof, in not less 
than eight public places in said City and published 
in one or more newspapers printed in the County of 
Norfolk, and among the regular rules and ordinances 
of said City. 

[Approved by the Governor, April 21, 1848.] 



STATELAWS. 35 

AN ACT 

Relating to Town and Private Ways. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled^ and by the au- 
thority of the same, as follows : 
Sect. 1. When any town or private way shall be 
laid out, altered, or widened, by selectmen or county 
commissioners, they shall, m their report or return 
thereof, allow the owner of the land through which 
said way may pass, a reasonable time to take olf his 
trees, fences, and other property, which may obstruct 
the building of such way. 

Sect. 2. If said owner shall not remove the same 
within the time allowed for that purpose, he shall be 
deemed to have relinquished his right thereto for the 
benefit of the town, if said way be a town way ; and 
if said way be a private way, for the benefit of such 
person or persons as said selectmen or county com- 
missioners shall determine. 

Sect. 3. If a jury shall be ordered to assess the 
damages done by the location, alteration, or widen- 
ing, of such way, they may extend the time for the 
owner of the land to remove his trees, fences and 
other property, as aforesaid ; and if the owner shall 
neglect to remove the same within such extended 
time, he shall be deemed to have relinquished his 
claim thereto, as before provided. 

[Approved by the Governor, April 5, 1848.] 



36 STATELAWS 



AN ACT 

Concerning the Power of Cities. 

Be it enacted by the Senate and House of Hepresenta- 
fives in General Court assembled^ and by the au- 
thority of the saine, as folloivs : 
Sect. 1. The City Council of any City shall have 
power and authority to make all by-laws not incon- 
sistent with the laws of the Commonwealth, that may 
be necessary to preserve the peace, good order, and 
internal police of such city, and may annex suitable 
penalties, not exceeding twenty dollars for any one 
breach thereof, to be recovered by complaint before 
any Police Court in such City, or any Justice of the 
Peace in a city where no Police Court is established. 
Provided, That nothing herein contained shall be con- 
strued to affect the provisions of an Act entitled an Act 
to prevent obstructions in the streets of cities, and to 
regulate hackney coaches and other vehicles, passed 
at the present session of the Legislature. 

Sect. 2. So much of an act passed on the ninth 
day of April, in the present year, entitled an Act con- 
cerning the powers of cities or towns, as relates to 
any city in the Commonwealth, is hereby repealed. 
[Approved by the Governor, April 24, 1847.] 



AN ACT 
Relating to Town and County Roads. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the au- 
thority of the same, as folloivs : 
The county commissioners of the several counties, 

and the selectmen of the several towns, and the 



STATELAWS. 37 

mayor and aldermen of the several cities of this Com- 
monwealth, shall cause permanent stone bounds, not 
less than three feet long, two feet of which, at least, 
shall be inserted in the earth, to be erected at the 
termini and angles of all roads hereafter laid out by 
them, when practicable; and, when not practicable a 
heap of stones, a living tree, a permanent rock, or the 
corner of an edifice, may be a substitute for said stones. 
[Approved by the Governor, April 25, 1848.] 



AN ACT 

Concerning the Erection of Balustrades upon 
Buildings in Cities. 

Be it enacted by the Senate and House of Repi^esenta- 
tives in General Court assembled^ and by the au- 
thority of the same^ as follows : 
The city council of any city in this Commonwealth 
shall have power from time to time, to make and 
adopt such rules and regulations, for the erection and 
maintenance of balustrades, or other projections upon 
the roofs or sides of buildings in such cities, as, in 
their judgment, the safety of the citizens may require. 
And the city council of any city may annex penalties, 
for the violation of any such rules and orders, not 
exceeding twenty dollars in any one instance ; which 
penalties may be recovered, for the use of the city, 
by complaint before the police court of such city, or 
any justice of the peace, in a city where no police 
court is established : provided^ that no such rule or 
order shall take effect, or go into operation, until the 
same shall have been published at least sixty days in 
some newspaper printed in such city, or the county 
within which such city is included. 

[Approved by the Governor, May 9, 1848.] 



38 STATELAWS 



AN ACT 

Imposing a Penalty on Town or City Officers, for 
neglect of certain duties. 

Be it enacted hy the Senate and House of Representa- 
tives ill General Court assembled^ and by the au- 
tlioriiy of the saine, as follows : 
If any selectman, or other town or city officer, shall 
wilfully neglect or refuse to perform any of the duties 
required of him by the fifth chapter of the Revised 
Statutes, he shall forfeit a sum not exceeding two 
hundred dollars, to be recovered in the manner pro- 
vided in the twelfth section of said fifth chapter. 
[Approved by the Governor, May 2, 1848.] 



AN ACT 

In Relation to Public Health. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled^ and by the au- 
thority of the same, as follows : 
Sect. 1. All the powers vested in, and the duties 
prescribed to, boards of health of towns, by the gen- 
eral laws, shall be vested in, and prescribed to, city 
councils of cities, in case no special provision to the 
contrary is made to such laws themselves, or in the 
special laws applicable to any particular city. 

Sect. 2. The power and duties above named, 
may be exercised and carried into efiect by city coun- 
cils, in any manner which they may prescribe, or 
through the agency of any persons to whom they 
may delegate the same, notwithstanding a personal 



STATELAWS. 39 

exercise of the same, collectively or individually, is 
prescribed in the instance of towns, as above referred 
to. And city councils are hereby authorized to con- 
stitute either branch, or any committee of their num- 
ber, whether joint or separate, the board of health for 
all, or for particular purposes, within their own cities. 

Sect. 3. Whenever any nuisance, source of filth, 
or cause of sickness, shall be found on private prop- 
erty, within any city, the board of health, or health 
oflicer, shall order the owner, or occupant thereof, to 
remove the same, at his own expense, within twenty- 
four hours, or such other time, as they shall deem 
reasonable, after notice served, as provided in the 
succeeding section; and if the owner, or occupant, 
shall neglect so to do, he shall forfeit a sum not ex- 
ceeding twenty dollars, for every day during which 
he shall knowingly permit such nuisance or cause of 
sickness to remain, after the time prescribed as afore- 
said for the removal thereof 

Sect. 4. The order mentioned in the last section 
shall be communicated by a Avritten notice, served 
personally upon the owner or occupant, or their au- 
thorized agent, by any person competent to serve a 
notice in a civil suit; or such notice may be left at 
the owner, occupant or agent's last and usual place 
of abode, if the same be known, and is within the 
State ; and if the owner or agent's residence is un- 
known, or without the State, the premises being 
unoccupied, then such notice may be served, by 
posting up the same on the premises, and by adver- 
tising in one or more public newspapers, in such 
manner and for such length of time, as the board of 
health, or health officer, shall deem expedient. 

Sect. 5. If the owner or occupant shall not com- 
ply with the order above mentioned, the board of 
health may cause the said nuisance, source of filth, 
or cause of sickness, to be removed, and all expenses, 



40 STATELAWS. 

incurred thereby, shall be paid by the said owner or 
occupant, or by such other person as shall have 
caused or permitted the same, if said owner or occu- 
pant, or such other person, as shall have had actual 
notice from the board of health, of the existence of 
said nuisance, sorce of filth, or cause of sickness. 

Sect. 6. All expenses incurred by any town or 
city in the removal of nuisances or for the preserva- 
tion of the public health, and which are recoverable 
of any private person or corporation, by virtue of any 
provisions of law, may be sued for and recovered in 
an action of debt before any court having jurisdiction 
of the amount claimed. 

Sect. 7. All fines and forfeitures incurred under 
the general laws, or the special laws applicable to 
any town or city, or the ordinances, by-laws and 
regulations of any town or city, relating to health, 
shall enure to the use of such town or city ; and may 
be recovered by complaint, in the name of the treas- 
urer, before any justice of the peace of the county, or 
police court of the city, in which the offence may 
have been committed. 

Sect. 8. The tenth, eleventh, and forty-sixth sec- 
tions of the twenty-first chapter of the Revised Stat- 
utes, and so much of the act of one thousand eight 
hundred and sixteen, chapter forty-four relating to 
the board of health for the Town of Boston, as is in- 
consistent with the foregoing provisions, are hereby 
repealed, saving all proceedings and causes of pro- 
ceeding, and forteitures incurred under and by virtue 
of such repealed acts. 

[Approved by the Governor, May 2, 1849.] 



STATELAWS. 41 



AN ACT 

In Relation to the Laying out of Highways and 
other Ways. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled^ and by the au- 
thority of the same, as follows : 
In all cases, where any suit shall hereafter be 
brought, wherein the validity or legal effect of the 
proceedings of any county commissioners, selectmen, 
town, city, or mayor and aldermen, in respect to the 
laying out, altering, or discontinuing of any way, 
which laying out, altering, or discontinuing, shall take 
place after the passage of this act, shall be drawn in 
question, the time limited for applications for a jury, 
to assess the damages caused by such laying out, 
alteration, or discontinuance, shall be so far extended, 
that such application may be made at any time with- 
in one year after the final determination of any such 
suit ; p}^ovided, that such suit shall have been brought 
within one year from the time of such laying out, 
altering, or discontinuance. 

[Approved by the Governor, May 2, 1849.] 



AN ACT 

In Relation to Rail Road Crossings. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled^and by the au- 
thority of the same, as follows : 
Sect. 1. The application now required by the 

eightieth section of the thirty-ninth chapter of the 
6 



42 STATELAWS. 

Revised Statutes to be made by selectmen to county 
commissioners, in the matter of a crossing, by a rail- 
road, of any turnpike, highway, or townway, may, 
when said crossing is within the limits of the City of 
Boston, be made, by any two inhabitants of said city, 
to the mayor and aldermen thereof, and such inhab- 
itants shall be liable for costs when the railroad cor- 
poration shall be the prevailing party, and before the 
hearing of the application, shall give bonds, with 
sufficient surety, for the payment of such costs, if the 
mayor and aldermen shall so adjudge. 

Sect. 2. The foregoing provisions, and the pro- 
visions of the seventy-ninth, eightieth, and eighty-first 
sections of the thirty-ninth chapter of the Revised 
Statutes, are hereby declared applicable to all cross- 
ings by railroads of any highway, turnpike, townway, 
or travelled place, upon the same level therewith, 
which now does or may hereafter exist ; Provided, 
that, whenever it shall be adjudged that a railroad 
corporation shall provide security against a travelled 
place, not laid out and adjudged to be a townway or 
highway, the said corporation shall provide a gate for 
the same, or bars, as the county commissioners shall 
order. 

Sect. 3. The county commissioners may direct 
gates to be built across the turnpike, highway, or 
townway, when the same crosses such railroad, 
instead of across said railroad. 

Sect. 4. The original jarisdiction of all questions 
touching obstructions to turnpikes, highways, or town- 
ways, caused by the construction or operation of 
railroads, shall be vested in the county commissioners 
of the respective counties wherein such obstructions 
shall occur. 

Sect. 5. The supreme judicial court shall have 
jurisdiction in equity, and may compel railroad cor- 
porations to raise or lower any turnpike, highway, or 



STATE LAWS. 43 

townway, when the county commissioners have de- 
cided, or may decide, in due and legal form, that such 
raising or lowering of any such way is necessary for 
the security of the public, and to compel railroad cor- 
porations to comply with the orders, decrees, and 
judgments of county commissioners, in all cases touch- 
ing obstructions, by railroads, in any of said ways. 
[Approved by the Governor, May 2, 1849.] 



AN ACT 

Concerning Truant Children and Absentees from 
School. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the au- 
thority of the same, as follows : 
Sect. 1. Each of the several cities and towns in 
this Commonwealth, is hereby authorized and em- 
powered to make all needful provisions and arrange- 
ments concerning habitual truants, and children not 
attending school, without any regular and lawful 
occupation, growing up in ignorance, between the ages 
of six and fifteen years: and also, all such ordinances 
and by-laws, respecting such children, as shall be 
deemed most conducive to their welfare, and the good 
order of such city or town ; and there shall be annexed 
to such ordinances, suitable penalties, not exceeding, 
for any one breach a fine of twenty dollars : Provided, 
that said ordinances and by-laws shall be approved 
by the court of common pleas for the county, and shall 
not be repugnant to the laws of the Commonwealth. 

Sect. 2. The several cities and towns, availing 
themselves of the provisions of this act, shall appoint, 
at the annual meetings of said towns, or annually by 



44 STATELAWS. 

the mayor and aldermen of said cities, three or more 
persons, who alone shall be authorized to make the 
complaints, in every case of violation of said ordi- 
nances or by-laws, to the justice of the peace, or other 
judicial officer who, by said ordinances, shall have 
jurisdiction in the matter; which persons, thus ap- 
pointed, shall alone have authority to carry into 
execution the judgments of said justices of the peace, 
or other judicial officers. 

Sect. 3. The said justices of the peace, or other 
judicial officers, shall, in all cases, at their discretion, 
in place of the fine aforesaid, be authorized to order 
children proved before them to be growing up in tru- 
ancy, and without the benefit of the education provi- 
ded for them by law, to be placed, for such periods of 
time as they may judge expedient, in such institution 
of instruction, or house of reformation, or other suita- 
ble situation, as may be assigned or provided for the 
purpose, under the authority conveyed by the first 
section of this act, in each city or town availing itself 
of the powers herein granted. 

[Approved by the Governor, May 3, 1850.] 



AN ACT 

Relating to the Erection and Use of Buildings for 
Stables and Bowling Alleys. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the au- 
thority of the same, as follov)S : 
Sect. 1. If any person shall ereet, occupy or use 
any building, in any city or town, for a stable for 
more than four horses, or for a bowling ally, except 
in such parts of such city as the mayor and aldermen 



STATELAWS. 45 

thereof, or of such town as the selectmen thereof shall 
direct, he shall forfeit a sum not exceeding fifty dollars 
for every month he shall so occupy or use such huild- 
ing, and in the hke proportion for a longer or shorter 
time. And the supreme judicial court, or any one of 
the justices thereof, either in term time or vacation, 
may issue an injunction to prevent such erection, oc- 
cupancy or use, without such direction. 

Sect. 2. This act shall not be in force in any city 
unless the city council thereof, nor in any town unless 
the inhabitants thereof, at a legal meeting, shall with- 
in sixty days from the passing hereof, by vote adopt 
the same. 

Sect. 3. This act shall take effect from and after 
its passage. 

[Approved by the Governor, May 24, 1851.] 

[Adopted by the City Council.] 



AN ACT 
Providing for the Appointment of Police Officers. 

Be it enacted hy the Senate and House of Rejjresenta- 
tives in General Court assembled, and by the au- 
thority of the same, as follows : 

The mayor and aldermen of the several cities, 
and the selectmen of the several towns, in this Com- 
mon weahh, may, from time to time, appoint such 
police officers for their respective cities and towns as 
they may judge necessary, with all or any of the pow- 
ers of constables, except the power of serving and exe- 
cuting any civil process. And the said police officers 
shall hold their offices during the pleasure of the 
mayor and aldermen, and selectmen, by whom they 
are respectively appointed. 

[Approved, May 15, 1851.] 



CITY ORDINANCES. 



Note, The City Ordinances from No. 1 to 36, inclusive, will be 
found in the Municipal Register of last year. Ordinances passed since 
the publication of last year's Register, will be found published after 
Ordinance No. 36. 



[No. 1.] 

An Ordinance prescribing the manner of Recording 
the Ordinances of the City. 



[No. 2.] 

An Ordinance concerning the form of Warrants, and 
the service and return thereof 



[No. 3.] 

An Ordinance relating to the election of certain City 
Officers. 



[No. 4.] 

An Ordinance authorizing the appointment and pre- 
scribing the duties of a City Marshal. 



CITY ORDINANCES. 47 



[No. 5.] 

An Ordinance establishing the office of City Mes- 
senger. 

[No. 6.] 

An Ordinance establishing a system of accountability 
in the expenditures of the City. 

[No. 7.] 

An Ordinance to preserve the Public Health, by regu- 
lating the use of Chemical Laboratories, and the 
manufacturing of White Lead and Red Lead. 

[No. 8.] 

An Ordinance establishing a system for collecting the 
Taxes of the City of Roxbury. 

[No. 9.] 

An Ordinance establishing the office of Commissioner 
or Commissioners of Highways, and defining the 
duties thereof. 

[No. 10.] 

An Ordinance regulating the Fire Department of the 
City of Roxbury. 
[Repealed.] 

[No. 11.] 

An Ordinance establishing a Watch for preserving 
the safety and good order of the City of Roxbury. 



48 CITY ORDINANCES 



[No. 12.] 

An Ordinance in relation to Burial Grounds, and the 
Interment of the Dead. 



[No. 13.] 

An Ordinance to prevent unlawful and injurious 
practices in the streets and other public places of 
the City. 

[No. 14.] 

An Ordinance prescribing Rules and Regulations 
relative to nuisances, sources of filth, and causes 
of sickness, within the City of Roxbury. 

[No. 15.] 

An Ordinance directing the manner in which the 
Ordinances of the City Council shall be promul- 
gated. 

[No. 16.] 

An Ordinance restraining the going at large of Dogs 
within the City of Roxbury. 

[No. 17.] 

An Ordinance requiring a separate Record to be kept 
of the Streets and Highways in the City. 

[No. 18.] 

An Ordinance to establish the City Seal. 



CITY ORDINANCES. 49 



[No. 19.] 

An Ordinance relative to the enacting style of the 
City Ordinances. 



[No. 20.] 

An Ordinance providing for the execution of Deeds, 
Leases, and other legal instruments in behalf of 
the City. 

[No. 21.] 

An Ordinance in addition to '-An Ordinance reg- 
ulating the Fire Department of the City of Rox- 
bury." 

[Repealed.] 

[No. 22.] 

An Ordinance relating to the Expenditures for 
Schools. 



[No. 23.] 

An Ordinance in addition to "An Ordinance to pre- 
vent unlawful and injurious practices in the streets 
and other public places of the City." 



[No. 24.] 

An Ordinance establishing the name of the Rural 
Cemetery. 

7 



50 CITY ORDINANCES. 



[No. 25.] 



An Ordinance in relation to numbering Houses and 
other Buildings. 



[No. 26.] 

An Ordinance in addition to "An Ordinance prescrib- 
ing Rules and Regulations relative to nuisances, 
sources of filth and causes of sickness within the 
City of Roxbury." 

[No. 27.] 

An Ordinance in addition to "An Ordinance in rela- 
tion to Burial Grounds and the Interment of the 
Dead." 

[No. 28.] 

An Ordinance in addition to "An Ordinance to pre- 
vent unlawful and injurious practices in the streets 
and other public places in the City." 

[No. 29.] 

An Ordinance prescribing the form of Deeds to be 
executed for the conveyance of Lots in Forest Hills 
Cemetery. 

[No. 30.] 

An Ordinance in addition to " An Ordinance [No. 10] 
regulating the Fire Department of the City of 
Roxbury." 

[Repealed.] 



CITY ORDINANCES. 51 



[No. 31.] 

An Ordinance in addition to ''An Ordinance to estab- 
lish a Watch for preserving the safety and good 
order of the City of Roxbury." 

[No. 32.] 

An Ordinance in addition to an addition to "An Ordi- 
dinance prescribing Rules and Regulations relative 
to nuisances, sources of filth and causes of sickness 
within the City of Roxbury." 

[No. 33.] 

An Ordinance in relation to Truant Children and 
Absentees from School. 
[Repealed.] 

[No. 34.] 

An Ordinance regulating the Fire Department of the 
City of Roxbury. 

[No. 35. 

An Ordinance in relation to Truant Children and 
Absentees from School. 

[No. 36.] 

An Ordinance in addition to "An Ordinance prescrib- 
ing Rules and Regulations relative to nuisances, 
sources of filth, and causes of sickness, within the 
City of Roxbury." 



52 CITY ORDINANCES. 

[No. 37.] 

AN ORDINANCE 

Establishing the Office of City Crier. 

Be it ordained by the City Council of the City of 
Roxhury^ as follows : 

Sect. 1. The Mayor and Aldermen may from 
time to time grant licenses to such and so many per- 
sons as they may deem expedient to be " Common 
Criers " in the city ; and such licenses shall continue 
in force until the first day of May next after the date 
thereof, unless sooner revoked by the Mayor and Al- 
dermen, and no longer. 

Sect. 2. No person shall be a Common Crier with- 
in the City of Roxbury, or cry any goods, wares, 
or merchandise, lost or found, stolen goods, strays or 
public sales, in any of the streets, squares, lanes, 
or market places, within the city, unless he shall be 
licensed as aforesaid. 

Sect. 3. Every person so licensed shall keep a true 
and perfect list of all the matters and things by him 
cried, and the names of the persons by whom he was 
employed to cry the same, which list shall be open 
and subject to the inspection of the Mayor and Alder- 
men, whenever they shall demand the same ; and no 
Common Crier shall publish or cry any abusive, 
libellous, profane or obscene matter or thing what- 
soever. 

Sect. 4. Any person who shall be guilty of a viola- 
tion of this Ordinance, or any part thereof, shall forfeit 
and pay for each offence a sum not less than one 
dollar, nor more than twenty dollars. 

[Passed June 28, 1852.] 



CITY ORRINANCES. 53 

[No. 38.] 

AN ORDINANCE 

In relation to Truant Children and Absentees from 
School. 

Be it ordained by the City Council of the City of 
Roxbury^ as follows : 

Sect. 1. The City of Roxbiiry hereby adopts the 
two hundred and ninety-fourth chapter of the laws of 
this Commonwealth, for the year One Thousand Eight 
Hundred and Fifty, entitled "An Act concerning 
Truant Children and Absentees from School.'' and 
the act in addition thereto, passed the twentieth day 
of May, in the year One Thousand Eight Hundred 
and Fifty-Two, and avails itself of the provisions of 
said acts. 

Sect. 2. Any minor between the ages of six and 
fifteen years, who has not attended school, in con- 
formity to the laws of this Commonwealth, all habitual 
truants and absentees from school, all children that 
are about the streets begging and collecting swill, 
or trespassing upon lands, gardens, or orchards, upon 
conviction of any oifence herein described, shall be 
punished by fine not exceeding twenty dollars ; or 
instead thereof, by being committed to the Almshouse 
Establishment, at the discretion of the Justice of the 
Peace having jurisdiction of the case, for such time as 
said Justice of the Peace may determine, not exceed- 
ing one year. Provided, however, that any minor con- 
victed of either of the offences herein mentioned, may 
be discharged by such Justice of the Peace according 
to the provisions of the said acts. 

Sect. 3. The several Justices of the Peace for the 
County of Norfolk, residing within the City of Rox- 



54 CITY ordinance's. 

bury, shall have jurisdiction of the offences herein set 
forth, and the Almshouse Establishment is hereby 
assigned and provided as the institution of instruction, 
house of reformation, or suitable situation mentioned 
in said acts. 

Sect. 4. The Mayor and Aldermen shall forthwith 
after the passage of this Ordinance, and hereafter in 
the month of January, annually, appoint three or more 
persons to make the complaints in every case of viola- 
tion of this Ordinance, to the said Justices of the 
Peace, and to carry into execution the judgments of 
said Justices in conformity to the provisions of said 
acts. 

Sect. 5. The Ordinance relating to Truant Child- 
ren and Absentees from School, passed May 12, 1851, 
is hereby repealed. 

Sect. 6. This Ordinance shall go into effect from 
and after its passage and approval by the Court of 
Common Pleas for the County of Norfolk, and no 
Ordinance which has been heretofore repealed shall 
be revived by the repeal herein contained. 
[Passed July 12, 1852.] 



CITY OF ROXBURY. 



RULES AND ORDERS 



OF THE 



BOARD OF ALDERIEN. 



I. The order of business shall be as follows : — 

1. The journal of the previous meeting shall be 
read. 

2. Petitions shall next be called for, and be dis- 
posed of by reference or ^otherwise. 

3. Such nominations, appointments, and elections 
as may be in order, shall be considered and disposed of. 

4. The orders of the day shall be taken up, mean- 
ing by the orders of the day, the business remaining 
unfinished at the previous meeting, and such commu- 
nications as may have been subsequently sent up from 
the Common Council. 

5. New business may be introduced by any mem- 
ber of the Board. 

II. Every ordinance shall pass through the follow- 
ing stages before it shall be considered as having re- 



56 Rules and Orders of the Board of Aldermen. 

ceived the final action of this Board, viz: first reading, 
second reading, passage to be enrolled, passage to be 
ordained; and every joint resolution shall have two 
several readings before the question shall be taken on 
its final passage. 

in. An ordinance may be rejected at either stage 
in its progress, but shall not pass through all its stages 
in one day. 

IV. Standing Committees shall be appointed on the 
Police of the City, on Licenses, on Laying out and 
Widening Streets, on Bills and Accounts presented for 
payment, and on Enrolment ; each of said committees 
to consist of three members. 

V. No member shall be interrupted while speaking, 
but by a call to order, or for the correction of a mis- 
take ; nor shall there be any conversation among the 
members while a paper is being read or a question 
stated from the Chair. 

VI. All Committees shall be appointed and an- 
nounced by the Mayor, except such as the Board of 
Aldermen shall determine to elect by ballot. 

VII. The above rules and orders of business, shall 
be observed in all cases, unless suspended by a vote 
of two-thirds of the members present for a specific 
purpose. 



RULES AND ORDERS 



THE COMMON COUNCIL. 



Rights and Duties of the President. 

Sect, 1. The President shall take the chair at the 
hour to which the Council shall have adjourned ; shall 
call the members to order ; and, on the appearance of 
a quorum, shall cause the minutes of the preceding 
meeting to be read, and proceed to business. In the 
absence of the President, any member present can call 
the Council to order, and preside until a President pro 
tempore shall be chosen by ballot. If, upon a ballot 
for President pro tempore^ no member shall receive a 
majority of votes, the Council shall proceed to a 
second ballot, in which a plurality of votes shall pre- 
vail. 

Sect. 2. He shall preserve order and decorum; he 
may speak to points of order in preference to other 
members; and shall decide all questions of order, sub- 
ject to on appeal to the Council, on motion of any 
member regularly seconded. 

Sect. 3. He shall declare all votes; but if any 

member doubt the vote, the President, without further 
8 



58 Rules and Orders of the Com/mon Council, 

debate upon the question, shall require the members 
voting in the affirmative and negative, to rise and 
stand until they are coanted, and he shall declare the 
result; but no decision shall be declared, unless a quo- 
rum of the Council shall have voted. 

Sect. 4. He shall rise to address the Council, or to 
put a question, but may read sitting. 

Sect. 5. The President may call any member to 
the chair ; provided such substitution shall not continue 
longer than one evening. When the Council shall de- 
termine to go into Committee of the Whole, the Presi- 
dent shall appoint the member who shall take the 
chair. The President may express his opinion on any 
subject under debate ; but in such case he shall leave 
the chair, and appoint some other member to take it ; 
and he shall not resume the chair while the same 
question is pending. But the President may state 
facts, and give his opinion on questions of order, with- 
out leaving his place. 

Sect. 6. On all questions and motions, the Presi- 
dent shall take the sense of the Council by yeas and 
nays, provided one-third of the members present shall 
so require. 

Sect. 7. In all cases the President may vote. 

Sect. 8. He shall propound all questions in the or- 
der in which they are moved, unless the subsequent 
motion shall be previous in its nature ; except that in 
naming sums and fixing times, the largest sum and 
longest time, shall be put first. 

Sect. 9. After a motion is stated by the President, 



In the City of Roxbury, for 1853. 59 

it shall be disposed of by vote of the Council, unless 
the mover withdraw it before a decision or amend- 
ment. 

Sect. 10. When a question is under debate, the 
President shall receive no motion, but to adjourn, to 
lay on the table, for the previous question, to postpone 
to a day certain, to commit, to amend, or to postpone 
indefinitely ; which several motions shall have prece- 
dence in the order in which they stand arranged. 

Sect. 11. He shall consider a motion to adjourn as 
always first in order ; and that motion and the motion 
to lay on the table, or to take from the table, shall be 
decided without debate. 

Sect. 12. He shall put the previous question in 
the following form: — " Shall the main question be now 
put 7^^ — and all debate upon the main question shall 
be suspended until the previous question shall be de- 
cided. After the adoption of the previous question, 
the sense of the Council shall forthwith be taken upon 
amendments reported by a committee, upon pending 
amendments, and then upon the main question. 

Sect. 13. On the previous question no member 
shall speak more than once without leave; and all in- 
cidental questions of order, arising after a motion is 
made for the previous question, shall be decided with- 
out debate, except on appeal, and on such appeal, no 
member shall be allowed to speak more than once 
without leave of the Council. 

Sect. 14. When two or more members happen to 
rise at once, the President shall name the member 
who is first to speak. 



60 Rules and Orders of the Common Council, 

Sect. 15. All Committees shall be appointed and 
announced by the President, except such as the 
Council determine to elect by ballot ; that it shall be 
in order for any member to move that the President 
be appointed on any Committee. 

Rights and Duties of Members. 

Sect. 16. When any member is about to speak in. 
debate, or deliver any matter to the Council, he shall 
rise in his place, and respectfully address the presiding 
officer; shall confine himself to the question under 
debate, and avoid personality. He shall sit down as 
soon as he has done speaking. No member shall speak 
out of his place without leave of the President. 

Sect. 17. No member, in debate, shall mention 
another member by his name ; but may describe him 
by the ward he represents, or such other designation 
as may be intelligible and respectful. 

Sect. 18. No member speaking shall be interrupted 
by another, but by rising to call to order, or to correct 
a mistake. When a member is called to order, he 
shall immediately sit down, unless permitted to ex- 
plain, and the Council, if appealed to, shall decide on 
the case without debate ; and if the decision is against 
the member, he shall not be permitted to speak, unless 
by way of excuse for the same, until he has made 
satisfaction. 

Sect. 19. No member shall speak more than twice 
to the same question, without leave of the Council ; 
nor more than once, until all other members choosing 



In the City of Roxbury, for 1853. 61 

to speak, shall have spoken; and if, on the "previous 
question," no more then once without leave. 

Sect. 20. When a motion is made and seconded 
it shall be considered by the Council, and not other- 
wise ; and no member shall be permitted to submit a 
motion in writing, until he has read the same in his 
place, and it has been seconded. 

Sect. 21. Every motion shall be reduced to writ- 
ing, if, the President direct, or any member of the 
Council request it. 

Sect. 22. When a vote has passed, it shall be in 
order for any member of the majority^ to move for a 
reconsideration thereof on the same or succeeding 
meeting, and if the motion is seconded it shall be open 
to debate ; but if the motion to reconsider it, is not 
made till the next meeting, the subject shall not be 
reconsidered, unless a majority of the whole Council 
shall vote therefor. And no more than one motion for 
the reconsideration of any vote shall be permitted. 

Sect. 23. No member shall be permitted to stand 
up, to the interruption of another, whilst any member 
is speaking; or to pass unnecessarily between the 
President and the person speaking. 

Sect. 24. Every member who shall be in the 
Council, when a question is put, shall vote, unless for 
special reasons excused. 

Sect. 25. The division of a question may be called 
for when the sense will admit of it. 

Sect. 26. When the reading of a paper is called 
for, and the same is objected to by any member, it 
shall be determined by a vote of the Council. 



62 Rules and Orders of the Coimnon Council^ 

Sect. 27. No standing rule or order of the Council 
-shall be suspended, unless three-fourths of the mem- 
bers present shall consent thereto; nor shall any rule 
or order be repealed or amended, without one day's 
notice being given of the motion therefor, nor unless 
a majority of the whole Council shall concur therein. 

Sect. 28. Every member shall take notice of the 
day and hour to which the Council may stand ad- 
journed, and shall give his punctual attendance ac- 
cordingly. 

Sect. 29. No member shall be obliged to be on 
more than two Committees at the same time, nor to 
be Chairman of more than one. 

Of Communications, Committees, Reports, and 
Resolutions. 

Sect, 30. All memorials and other papers address- 
ed to the Council, shall be presented by the President, 
or by a member in his place, who shall explain the 
subject thereof, and they shall lie on the table, to be 
taken up in the order in which they are presented, 
unless the Council shall otherwise direct. And every 
member presenting a petition, remonstrance, order, 
resolution, or other paper, shall endorse his name 
thereon, with a brief statement of the nature and ob- 
ject of the instrument. 

Sect. 31. Standing Committees of this Council 
shall be appointed on the following subjects, viz. : On 
Elections and Returns, and on Enrolled Ordinances 
and Resolutions, each to consist of three members. 



In the City of Roxbury, for 1853. 63 

Sect. 32. No Committee shall sit during the sit- 
ting of the Council, without special leave. 

Sect. 33. The rules of proceeding in Council shall 
be observed in Committee of the Whole, so far as they 
may be applicable, excepting the rules limiting the 
times of speaking ; but no member shall speak twice 
to any question, until every member choosing to speak 
shall have spoken. 

Sect. 34. When Committees of the Council, chosen 
by ballot, or Committees consisting of one member 
from each ward, have been appointed or elected, 
whether joint or otherwise, the first meeting thereof 
shall be notified by the Clerk, by direction of the 
President, and they shall organize by the choice of 
Chairman, and report to the Council ; and when Com- 
mittees, other than those above specified, are nomi- 
nated by the President, the person first named shall be 
Chairman, and in case of the absence of the Chairman, 
the Committee shall have power to appoint a Chair- 
man pro tem. 

Sect. 35. All messages to the Mayor and Alder- 
men, shall be drawn up by the Clerk and sent by the 
Messenger. 

Sect. 36. All ordinances, resolutions and orders 
shall have two several readings before they shall be 
finally passed by this Council; and all ordinances 
after being so passed, shall be enrolled. 

Sect. 37. No ordinance, order, or resolution, im- 
posing penalties, or authorizing the expenditure of 
money, except orders for printing, by either branch of 



64 Rules and Orders of the Common Council^ 

the City Council, shall have more than one reading 
on the same day, if one-third of the members present 
object. 

Sect. 38. The seats of the members of the Coun- 
cil shall be numbered and determined by lot ; and no 
member shall change his seat but by permission of the 
President. 

Sect.' 39. All special committees, unless otherwise 
ordered, shall consist of three members. And no re- 
port shall be received from any committee, unless 
agreed to in committee assembled. 

Sect. 40. The Clerk shall keep brief minutes of 
the votes and proceedings of the Council, — entering 
thereon all accepted Orders and Resolutions; — shall 
notice Reports, Memorials, and other papers submitted 
to the Council, only by their titles, or a brief descrip- 
tion of their purport ; but all accepted Reports from 
special committees of this board, shall be entered at 
length in a separate journal, to be kept for that pur- 
pose, and provided with an index. 

Sect. 41. All salary officers shall be voted for by 
written ballot. 

Sect. 42. It shall be the duty of all standing com- 
mittees of the Council, to keep records of all their do- 
ings in books provided for that purpose by the Clerk ; 
and it shall be the duty of the Clerk to attend the 
meetings of said committees, and make said records 
when requested so to do. 

Sect. 43. No meeting of any committee shall shall 
be called upon less notice than twenty -four hours. 



In the City of Roxbury, for 1853. 65 

Sect. 44. In all elections by ballot, on the part of 
the Council, blank ballots, and all ballots for persons 
notehgible, shall be reported to the Council, but shall 
not be counted in making up the returns, except in 
cases where this Council have only a negative upon 
nominations made by the Mayor and Aldermen. 

Sect. 45. It shall be the duty of every Committee 
of the Council, to whom any subject may be specially 
referred, to report thereon within four weeks from 
the time said subject is referred to therh, or ask for 
further time. 

Sect. 46. In any case not provided for by the 
rules and orders or the City Council, the procedings 
shall be conducted according to " Cushing's Manual 
of Parliamentary Practice. 



JOINT RULES AND ORDERS 



OF THE 



CITY COUNCIL. 



Sect. 1. At the commencement of the Municipal 
year, the following Joint Standing Committees shall be 
chosen by ballot, viz : — 

A Committee on Finance : — To consist of the May- 
or, one Alderman, and five members of the Common 
Council. 

A Committee on Accounts : — To consist of two Al- 
dermen and three members of the Common Council. 

And the following shall be appointed, viz: — 

A Committee on Public Property: — To consist of 
three members of the Board of Mayor and Aldermen 
and five members of the Common Council. 

A Committee on Piiblic Instruction : — To consist of 
the Mayor, two Aldermen, and the President and four 
members of the Common Council. 

A Committee on the Poor and Ahnshouse : — To 
consist of the Mayor, one Alderman, and three mem- 
bers of the Common Council. 



Joint itules and Orders of the City Council. 67 

A Committee on Fuel : — To consist of two mem- 
bers of the Board of Mayor and Aldermen, and three 
members of the Common Council. 

A Committee on HighiDays^ Bridges and Side- 
walks : — To consist of the Mayor, two Aldermen, 
and five members of the Common Council. 

A Comm^ittee on the Fire Deimrtment : — - To consist 
of three members of the Board of Mayor and Alder- 
men, and five members of the Common Council. 

A Committee on Burial Grounds : — To consist of 
the Mayor, two Aldermen, and five members of the 
Common Council. 

A Committee o?i Lamps : — To consist of two mem- 
bers of the Board of Ma^'^or and Aldermen, and three 
members of the Common Council. 

On all Joint Committees wherein it is provided that 
the Mayor shall be a member, in case of the non-f 
election, decease, inability or absence of that officer, 
the Chairman of the Board of Aldermen shall act ex 
officio. And the members of the Board of Aldermen 
and of the Common Council, who shall constitute the 
Joint Standing Committees, shall be chosen or ap- 
pointed by their respective Boards. 

The member of the Board of Aldermen first named 
in every Joint Committee, of which the Mayor is not 
a member, shall be its Chairman ; and in case of his 
resignation or inability, the member of the same Board 
next in order ; and after him the member of the Com- 
mon Council, first in order, shall call meetings of the 
Committee and act as Chairman. 



68 Joint Rules and Orders of the City Council. 

The Mayor shall be ex officio Chairman of any Joint 
Special Committee of which he is a member. And 
whenever the Chairman of any such Committee shall 
have omitted to call a meeting of its members for the 
space of one week from the time any subject has been 
referred to it, either two of the members of every such 
Joint Standing Committee shall have power to call 
meetings thereof. 

Sect. 2. In all cases of disagreement between the 
two boards, when either Board shall request a confer- 
ence and appoint a Committee for that purpose, the 
other Board shall also appoint a Committee to confer, 
which Committees shall forthwith meet, provided both 
branches are then in session; otherwise, as soon as 
convenient, and state to each other, either verbally or 
in writing, as either shall choose, the reasons of the 
respective Boards for and against the amendment, 
confer freely thereon, and report to their respective 
branches. 

Sect. 3. When either Board shall not concur in 
any ordinance or other paper sent from the other 
Board, the Board so non-concurring shall give notice 
thereof to the other branch by written message. 

Sect. 4. All By-Laws passed by the City Council, 
shall be termed Ordinances — and the enacting style 
shall be — ^^ Be it Ordained by the City Council of the 
City of RoxhuryP 

Sect. 5. In all votes, when either or both branches 
of the City Council express any thing by way of com- 
mand, the form of expression shall be, " Ordered : " 
and whenever either or both branches express 



Joint Rules and Orders of the City Council. 69 

Opinions, Principles, Facts, or Purposes, the form 
shall be, " Resolved." 

Sect. 6. No Committee shall act by separate con- 
sultation, and no report shall be received unless agreed 
to in Committee actually assembled. 

Sect. 7. No Chairman of any Committee shall 
audit or approve any Bill or Account against the City, 
for any supplies or services which shall not have been 
ordered or authorized by the Committee. 

Sect. 8. No Committee shall enter into any con- 
tract with, or purchase, or authorize the purchase of 
any article of any of its members. 

Sect. 9. The Reports of all Committees, agreed to 
by a majority of the members, shall be made to the 
Board in which the business referred originated. And 
all Committees may report by Ordinance, Resolve, or 
otherwise. 

Sect. 10. All Reports and other papers submitted 
to the City Council shall be written in a fair hand; 
and no report of any kind shall be endorsed on the 
Memorials or other papers referred to the Committees 
of either branch ; and the Clerks shall make copies of 
any papers to be reported by Committees at the re- 
quest of the respective Chairman thereof. 

Sect. 11. Each Board shall transmit to the other, 
all papers on which any Ordinances or Joint Resolu- 
tions shall be printed : and all papers on their passage 
between the two Boards may be under the signatures 
of the respective Clerks, except Ordinances and Joint 
Resolutions in their last stage, which shall be signed 
by the presiding officers. 



70 Joint Rules and Orders of the City Council. 

Sect. 12. The Titles to all Ordinances and Joint 
Resolutions shall be prefixed upon their introduction. 

Sect. 13. Every Ordinance shall have as many 
readings in each Board as the Rules of each Board 
require, after which the question shall he on passing 
the same to be enrolled ; and when the same shall 
have passed to be enrolled, it shall be sent to the other 
Board for concurrence : and when such Ordinance 
shall have so passed to be enrolled in each Board, the 
same shall be enrolled by the Clerk of the Common 
Council, and examined by a Committee of that Board: 
and on being found by said Committee to be truly and 
correctly enrolled, the same shall be reported to the 
Council when the question shall be on passing the 
same to be ordained : and when said Ordinance shall 
have so passed to be ordained, it shall be signed by the 
President of the Common Council, and sent to the 
other Board, when a like examination shall be made 
by a Committee of that Board, and if found correctly 
enrolled, the same shall be reported to the Board, and 
ths question shall be on passing the same to be or- 
dained ; and when the same shall have passed to be 
ordained, it shall be signed by the Mayor. 

Sect. 14. Every Order and Joint Resolution shall 
have as many readings in each Board as the Rules of 
such Board require, after which the question shall be 
on passing the same : and when the same shall have 
passed, except orders for printing, for the use of either 
branch of the City Council, it shall be sent to the 
other Board for concurrence. 

Sect. Xo. No enrolled Ordinance shall be amended. 



Joint Rules and 0?'ders of the City Council. 71 

Sect. 16. All messages between the two Boards 
shall be reduced to writing by the respective Clerks, 
and may be transmitted by the Clerk or the Messenger. 

Sect. 17. It shall be the duty of every Joint Com- 
mittee, (the Committee on Highways, Bridges, and 
Sidewalks excepted,) to whom any subject may be 
specially referred, to report thereon within four weeks, 
or ask for further time. 

Sect. 18. Either Board may propose to the other, 
for its concurrence, a time to which both Boards will 
adjourn. 

Sect. 19. No business shall be transacted by the 
City Council in convention, except such as shall have 
been previously agreed upon. 

Sect. 20. After the annual appropriations shall 
have been passed, no subsequent expenditure shall be 
authorized for any object, unless provision for the 
same shall be made by a specific transfer from some 
of the appropriations contained in the annual resolu- 
tion, or by expressly creating, therefor, a City Debt ; 
but no such debt shall be created, unless the resolution 
authorizing the same pass by the affirmative votes of 
two-thirds of the whole number of each branch of the 
City Council, voting by yea and nay. 

Sect. 21. No vote, by which an order, resolve, or 
ordinance has been passed in its final stage, shall be 
reconsidered in either Board after the same has been 
finally acted upon in the other Board, unless the mo- 
tion for reconsideration be made, or notice given at the 
same meeting at which the vote to be reconsidered 
passed. 



GOVERNMENT 

OF 

THE CITY OF ROXBURY 

1853. 



mayor: 

SAMUEL WALKER. 

[Salary, $800. Charter, Sec. 7.] 



ALDERMEN. 

NELSON CURTIS, At Large. 
HORACE WILLIAMS, 

JOHN S. SLEEPER, " 

BENJAMIN F. CAMPBELL, Ward I. 

ABRAHAM G. PARKER, " 2. 

GEORGE CURTIS, " 3. 

ALVAH KITTREDGE, " 4. 

CHARLES HICKLING, " 5. 



CITYOFFICERiy. 73 

COMMON COUNCIL. 

WILLIAM GASTON, President. 

Ward 1. Ward 3. 

Daniel P. Upton, William Gaston, 

George J. Lord, John W. Parker, 

Franklin Williams, Calvin B. Fannce, 

Joseph H. Chadwick. William L. Hall. 

Ward 2. Ward 4. 

John M. Hewes, Joseph N. Brewer, 

Arial I. Cummings, George Lewis. 

Joseph Houghton, Henry Davenport, 

Ihineas Colburn. Charles F. Bray. 

Ward 5. 

William D. Adams, Isaac S. Burrell, 

William S. Leland, William B. May. 



CITY CLERK, AND CLERK OF BOARD OF ALDERMEN. 

JOSEPH W. TUCKER. 

[Salary $^900; Fees payable into the City Treasury. — Chosen by City 
Council in Convention, in January. Office, City Hall.] 

CLERK OF COMMON COUNCIL. 

JOSHUA SEAVER. 

[Salary $150. — Chosen by Common Council.] 
CITY MESSENGER. 

WILLIAM N. FELTON. 

[Salary $200. — Chosen by concurrent vote in April. Ordinance No. 5.] 

10 



74 



CITY OFFICERS 



JOINT STANDING COMMITTEES. 



The Mayor. 
Alderman 

Kittredge. 



ON FINANCE. 

Common Council. 

Messrs. Upton, 
HeweSj 
Parker, 
Bray, 
May. 



ON ACCOUNTS. 



Aldermen 

Williams, 
Campbell. 



Common Council. 
Messrs. Brewer, 
Parker, 
Davenport. 



ON PUBLIC PROPERTY. 



Aldermen 

G. Curtis, 
Kittredge, 
Williams. 



Com/mon Council. 
Messrs. Brewer, 
Upton, 
Houghton, 
Faunce, 
Adams. 



ON PUBLIC INSTRUCTION. 



The Mayor. 

Aldermen 
Sleeper, 
Hickling. 



Common Council. 

Messrs. Gaston, 
Williams, 
CLimmings, 
Bray, 
Leland. 



CITY OFFICERS. 



75 



ON HIGHWAYS, 


BRIDGES AND SIDEWALKS. 


The Mayor. 


Commjon Council. 


Aldermen 

Campbell, 
Kittredge. 


Messrs. Lewis, 
Lord, 
Colburn, 
Burrell, 
Hall. 


ON THE 


FIRE DEPARTMENT. 


AlderTnen 


Co'mmon Council. 


Campbell, 
Williams, 
G. Curtis. 


Messrs. Burrell, 
Williams, 
Colburn, 
Parker, 
Davenport. 


ON BURIAL GROUNDS. 


The Mayor. 


Common Council. 


Aldermen 

N. Curtis, 
Parker. 


Messrs. Upton, 
Hewes, 
Hall, 
Davenport, 

May. 




ON FUEL, 


Aldermen 


Common Council. 


Parker, 
N. Curtis. 


Messrs. Bray, 

Chadwick, 
Houghton. 


ON THE POOR AND ALMSHOUSE. 


The Mayor. 


Common Council. 


Alderman 
Parker. 


Messrs. Cummings, 
FauncOj 
Adams. 



76 CITYOFFICERS. 



ON LAMPS. 

Aldermen Common Council. 

Williams, Messrs. Lord, 

Hickling. Hall, 

Chadwick. 



STANDING COMMITTEES 

OF THE 

BOARD OF ALDERMEN. 

ON POLICE. 

The Mayor, Aldermen Sleeper and Williams. 

ON LICENSES. 

The Mayor, Aldermen Campbell and Sleeper. 

ON ENROLMENT. 

Aldermen Hickling, Sleeper and Campbell. 

ON LAYING OUT AND WIDENING STREETS. 

The Mayor, Alderm^en Kittredge and Campbell. 



ON BILLS OR ACCOUNTS PRESENTED FOR ALLOWANCE OR 
PAYMENT. 

Aldermen Campbell, Williams, and N. Curtis. 



CITY OFFICERS. - 77 

STANDING COMMITTEES 

OF 

THE COMMON COUNCIL. 

ON ELECTIONS. 

Messrs. Brewer, Leland and Cummings. 

ON ENROLLED ORDINANCES. 

Messrs. Leland, Hewes and May. 

TREASURY DEPARTMENT. 

Joseph W. Dudley, Treasurer and Collector. 

[Salary $1100. Chosen by City Council, in Convention, in January. 
Office, City Hall. See Ordinance No. 8.] 

ASSESSORS. 

Laban S. Beecher, ) chosen by City Council in Convention, in 
Daniel Jackson, > April. Receive $175 each, and $7.5 

Joshua Seaver. \ Clerk hire. 



ASSISTANT ASSESSORS 

Ward 1. Joseph Bugbee, 

2. Gera Farnam, 

3. David Simpson, 

4. Charles Ellis, 

5. Aaron D. Williams. 



Chosen in each Ward 
> where they reside. Re- 
ceive $20 each. 



78 CITYOFFICERS 



OVERSEERS OF THE POOR. 

The Mayor, Ex Officio, Chairman. 

Ward 1. Warren Marsh. 

2. Ira Allen. 

3. George Curtis. 

4. Thomas Simmons. 

5. George Gregerson. 

[Chosen in each Ward where they reside.] 



THE ALMSHOUSE. 

Isaac H. Meserve, Superintendent. 
[Salary $800. — Appointed by Overseers of the Poor.] 

Ira Allen, M. D., Physician. 

[Salary $300. — Appointed by Overseers of the Poor.] 



SURYEYORS OF HIGHWAYS. 

The Mayor and Aldermen. 

Commissioner of Streets. 
John R. Howard. 

[Chosen by the Mayor and Aldermen. Salary $500. See Ord. No. 9.] 



CITYOFFICERS. 79 

FIRE DEPARTMENT. 

[Ordinance No. 34.] 
CHIEF ENGINEER. 

Abraham S. Parker. Salary $200. 

ASSISTANT ENGINEERS. 

1. Jerahmeel C. Pratt, 3. Daniel E. Page, 

2. Samuel S. Chase, 4. John L. Stanton. 

[The Chief and Assistant Engineers are Chosen by the City Council 
in convention. The rank of the Assistant Engineers is determined 
by the Mayor and Aldermen. They receive $40 each ; the Sec- 
retary an additional sura of $15.'\ 

FOREMEN OF ENGINES. 

Warre7i Co. No. 1. Torrent Co. No 6. 

Dndley, cor. Warren St. Eustis Street. 

John A. Foley. James Mmiroe. 

American Co. No. 2. Tremont Co. No. 7. 

Centre Street. Ruggles Street. 

Reuben Weekes. John Withers. 

Jamaica Co. No. 3. Union H. and L. Co. 

Centre, near Perkins St. Dudley, cor. Warren St. 

[Yacant.] Gilbert S. May. 

Cochituate Hose Co. 

Near Railroad Crossing, Washington Street. 

Robert Simpson. 



80 



CITY OFFICERS. 



The following Table exhibits the pay of the OfRcers and Members of 
the several Engine Companies. 



MAME OF ENGINE. 



c 




ca 






-ii 






o 




tM 


O 



Z So 



o .a 



Warren, No. 1, 

America, No. 2, 

Jamaica, No. 3, Vacantj . . 

Torrent, No. 6, 

Tremont, No. 7, 

Hook and Ladder Company, . 
Cochituate Hose Company, 



f35 


^•35 


35 


35 


35 


35 


35 


35 


35 


30 


35 


30 



$75 
75 

75 
75 
25 
50 



38 

38 

38 
38 
18 
10 



25 

25 
25 
25 
25 



The Members of the Engine Companies are appointed by the Mayor 
and Aldermen. Their compensation is determined by the City Council. 



POLICE DEPARTMENT. 

Thomas Adams, Ciiy Marshal. 

[Ordinance No. 4. Salary $500. — Appointed by the Mayor and 
Aldermen.] 

Assistant Marshals. William D. Cook, John J. 
Hastings, H. J. V. Myers, Joseph Hubbard, Luke 

Jewett. 

[Appointed by the Mayor and Aldermen.] 

Constables. Thomas Adams, William D. Cook, 
Luke Jewett, John J. Hastings, H. J. V. Myers, Joseph 
Hubbard, Morrill P. Berry, Phineas B. Smith, Samuel 
S. Littlefield. 

[Appointed by the Mayor and Aldermen.] 



CITYOFFICERS. 81 

Coroner. Thomas Adams. 

Captain of the Watch. 

Watchmen and Police Officers. John J. Hastings, 
Joseph Hubbard, Henry J. V. Myers, Wm. D. Cook, 
MorriU P. Berry, James Ball, Hawley Folsom, Elliot 
Trask, Luke Jewett. 

[The Watchmen are appointed and their pay determined by the Mayor 
and Aldermen. Ordinance No. 11.] 



HEALTH DEPARTMENT. 

Board of Health. The Mayor and Aldermen. 

, Consulting Physicians. 

Charles M. Winship, M. D, 
John S. Fhnt, M. D. 
Joseph H. Streeter, M. D. 

[Ordinance, No. 14.] 

Superintendent of Burial Grounds. The Undertaker. 
Undertaker. John C. Seaver. 

[Ordinance No. 12.] 

CEMETERY AT FOREST HILL. 

Board of Commissioners. 

[Elected by the City Council. See Act. 

Alvah Kittredge, Francis Head, 

Henry Codman, William J. Reynolds. 

George R. Russell, 

Superintendent, Daniel Brims. 
11 



83 CITYOFFICERS 



The following Officers are first^ elected by the Mayor 
and Aldermen, and then sent to the Common Coun- 
cil for their concurrence. They are all paid by fees. 

Field Drivers and Hogreeves. — Bradbury Pevear, 
William Lingham, William D. Cook, John J. Hast- 
ings, Joseph Hubbard, James Ball. 

Fence Viewers. — John Dove, William Seaver, David 
Simpson. 

Pound Keeper. — Phineas B. Smith. 

Tythingmen. — William C. Hunneman, Caleb Par- 
ker, Jeremiah Dalton. 

Sealers of Leather. — James Guild, Reuben Winslow. 

Surveyors of Lumber. — Gera Farnam, Tillson Wil- 
liams. 

Measurers of Wood and Bark. — Henry Basford, 
William Seaver, Stephen Faunce, Joseph Bugbee, EI- 
bridge A. Hovey. 

Weigher of Hay. — Andrew W. Newman. 

Sealer of Weights and Measures. — Amos Stevens. 

Weighers of Coal. — Allen Putnam, J. T. Ellis, Asa 
Wyman. 



PUBLIC SCHOOLS. 83 

PUBLIC SCHOOLS. 

SCHOOL COMMITTEE. 

JULIUS S. SHAILER, Chairman. 

JOSHUA SEAYER, Secretary. 

Elected at Large. 

Horatio G. Morse, 
William H. Ryder, 
William A. Crafts. 

Elected by Wards. 

Ward 1. Ward 3. 

John Jones, Julius S. Shailer, 

Joseph Bugbee. Joseph H. Streeter. 

Ward 2. Ward 4. 

Joshua Seaver, John Wayland, 

Arial I. Cummings. Theodore Otis. 

Ward 5. 
Daniel Leach, 
Bradford K. Peirce. 

SUB COMMITTEES. 

Books. — ^ Messrs. Shailer, Morse, Peirce, Ryder, 
Crafts. 

On Finance. — Messrs. Seaver, Crafts, Jones. 

On Regidations. — Messrs. Wayland, Leach, Otis. 

Filling Vacancies of Teachers in Primary and In- 
termediate Schools. — Messrs. Otis, Wayland, Morse, 
Cummings, Ryder. 



84 



PUBLIC SCHOOLS. 



OF DIFFERENT SCHOOLS. 



Schools. 


Location. 


Local Committee. 


English High, 


Dudley Street, 


Ryder, Leach, and Shailer. 


Latin High, 


Mount Vernon Place, 


Trustees. 


Dudley, 


Kenilworth Street, ) 
Bartlett Street, ) 


Wayland, Cummings, and 
Streeter. 


Washington, 


Washington Street, 


Ryder, Crafts, and Otis. 


Dearborn, 


Davis Street, 


Peirce, Morse, and Jones. 


Intermediate, 


Vernon Street, 


Seaver. 



INSTRUCTORS. 

Latin School. — Boys. 
Charles Short, Priyic'vpal. 

English High School. — Boys. 
S. M. Weston, Princvpal. 

[These Schools are under the direction of a Board of Trustees, con- 
sisting of the following gentlemen : — 

George Putnam, President. Samuel H Walley, Treasurer. Chas. 
K. Dillaway, Secretary. Samuel Guild, Enoch Bartlet, Caleb Parker, 
D. A. Simmons, Samuel H. Walley, Benjamin Kent, B. E. Cotting, 
A. C. Thompson, Theodore Otis, S. P.Blake, I. M. Spelmaii.] 

[The City pays an annual sum towards the support of these Schools, 
and by a mutual arrangement the School Committee have a joint 
jurisdiction over the English High School.] 

Washington. — Boys. 

Levi Reed, Principal. J. Warren Tuck, Sub-Master. 
John N. Brown, Usher. Nabby A. Marsh, Harriet E. 
Burrell, Eliza D. Stickney, A. M. Williams, and Jane 
M. Swain, Assistants. 



P U B L I C S C H O O L S . So 



Deakborn. — Boys. 

William H. Long, Principal. Louisa E. Harris, 
Delia Mansfield, S. Frances Haskell, Henrietta M. 
Young, Assistants. 

Dudley. — Girls. 

Jeremiah Plympton, Principal. Adeline Seaver, 
E. P. Dyer, Louisa Tucker, Clara B. Tucker, Ellen 
French, Ellen A. Marean, Harriet W. Taber, Lucre- 
tia W. Hewes, Caroline C. Russell, Mary C. Eaton, 
Assistants. 

Intermediate. — Boys. 

S. E. D. Currier, Principal. Nancy L. Tucker, 
Assistant. 



86 



PUBLIC SCHOOLS. 



PRIMARY SCHOOLS.— 1853. 



Teachers. 


Location. 


Committee. 


1. 


Sarah T. Jennisoa .... 


Yeoman street .... 


Bugbee. 


2. 


Emma E. Torrey 


Yeoman street .... 


Bugbee. 


3. 


L. Annie Sawyer 


Eustis street 


Morse. 


4. 


Elizabeth A. Morse .... 


Eustis street 


Morse. 


5. 


Elizabeth W. Young . . . 


Sumner street .... 


Jones. 


6. 


Caroline J. Nash 


Sumner street .... 


Jones. 


7. 


Ann M. Horn 


Vernon street .... 


Seaver. 


8. 


Hannah F. Perry 


Vernon street .... 


Seaver. 


9. 


Catherine H. Codman . . 


Oxford street .... 


Cummings. 


10. 


Cornelia J. Bills 


Oxford street .... 


Cummings. 


11. 


Harriet S. Farnum .... 


Avon Place 


Cummings. 


12. 


Ann Crowninshield .... 


Avon Place 


Cummings. 


13. 


Louisa Mitchell ...... 


At the Mill Dam . . 


Otis. 


14. 


Anna F. Reed 


Smith street 


Crafts. 


15. 


Mary A. Waldock .... 


Smith street 


Crafts. 


16. 


Emily Gardner 


Orange street .... 


Otis. 


17. 


Almira W. Chamberlain . 


Orange street .... 


Otis. 


18. 


Henrietta M. Wood . . . 


Centre street 


Wayland. 


19. 


Sarah A. Dudley .... 


Centre street .... 


Wayland. 


20. 


Caroline N. Heath .... 


Centre street .... 


Streeter. 


21. 


Elizabeth F. Thomas . . . 


Edinboro' street . . . 


Ryder. 



PUBLIC SCHOOLS. 



87 



Teachers. 


Location. 


Committee. 


22. 


Margaret A. Mathews . . 


Edinboro' street . . . 


Ryder. 


23. 


Martha E. Daniels . . . . 


Elm street 


Leach. 


24. 


H. B. Scamnell 


Elm street 


Leach. 


25. 


Adeline E. Fisher .... 


Munroe street .... 


Peirce. 


26. 


Isabella Binney 


Binney street .... 


Crafts. 


27. 


Sarah E. Spofford 


East street 


Bugbee. 




A. Crawford Page . . . . 


Almshouse School . . 


Cummings. 



Teachers are elected, except those in the High School, and their sal- 
ary fixed by the School Committee. 



WARD OFFICERS 



WARD OFFICERS. 



Ward 1. 

John Jones. 

Clerk. 

William N. Hastings. 

Inspectors. 

William Morse. 
Joseph W. Winslow. 
Chester H. Morse. 

Ward 2. 

Warden. 

Joshua Seaver. 

Clerk. 

Milton F. Hewes. 

Inspectors. 

Henry Basford. 
William Weymouth. 
James Ball. 



Ward 3. 

Warden. 

Dexter Dana. 

Clerk. 

William L. Hall. 

Inspectors. 

Nelson Curtis. 
Joseph Morrill, Jr. 
Laban S. Beecher. 

Ward 4. 

Warden. 

Israel M. Spelman. 

Clerk. 

William B. Bowles. 

Inspectors. 

William J. Mathes. 
John R. Hall. 
James Davenport. 



Ward 5. 
Warden. Clerk. 

Charles E. Grant. G. P. R. Walker. 

Inspectors. 
Henry Parkhurst. Wm. C. Hunneman, Jr. 

William K. Lewis. 



WARDS. 89 



WARDS, 

As divided and established by the Board of Selectmen 
of the Town of Roxbury, March 26, 1849. (See 
City Charter, Sect. 3.) 

WARD 1. Beginning on Washington street, at the 
division line between Boston and Roxbury : thence on 
the easterly side of Washington street to the Norfolk 
and Bristol turnpike ; thence on the easterly side of 
said turnpike to Dudley street ; thence on the northerly 
side of said street to Eustis street ; thence on the east- 
erly side of Euslis street to the division line between 
Roxbury and Dorchester. 

WARD 2. Beginning at the Boston and Roxbury 
line ; thence on the westerly side of Washington to 
Vernon street ; thence on the northerly side of Vernon 
to Ruggles street ; thence on the easterly and northerly 
side of Ruggles to Parker street ; thence crossing Par- 
ker street, over the marshes on the northerly side of 
said street to the creek, which is the dividing line be- 
tween Brookline and Roxbury. 

WARD 3. Beginning at the division line between 
Roxbury and Brookline on Washington street ; thence 
on the notherly side of Washington streeet to the junc- 
tion of Centre and Washington streets ; thence cross- 
ing Washington to Dudley street; thence on the north- 
erly side of Dudley street to the Norfolk and Bristol 
turnpike; thence on the westerly side of said turnpike 
to Washington street ; thence on the westerly side of 
said street to Vernon street ; thence on the southerly 
side of Vernon street to Ruggles street; thence crossing 
12 



90 WARDS. 

Roggles street on the westerly and southerly side of 
said street to Parker street; thence crossing Parker 
street over the marshes on the southerly side to the 
creek which divides Roxbury from Brookline, the 
point where the second Ward terminates. 

WARD 4. Beginning at the division line between 
Roxbury and Brookline on Washington street : thence 
on the southerly side of Washington to the junction of 
Centre and Washington streets; thence crossing to 
Dudley street on the southerly side of Dudley street to 
the Norfolk and Bristol turnpike; thence on the west- 
erly side of said turnpike to a stone monument; thence 
in a strait line to a stone monument near Leonard 
Hyde's on Centre street, being the division line be- 
tween West Roxbury and Roxbury ; thence in a direct 
line to the division line between Brookline, Roxbury 
and West Roxbury. 

WARD 5. Beginning at the Roxbury and Dorches- 
ter line on Eustis street ; thence on the westerly side 
of said street to Dudley street; thence on the souther- 
ly side of said street to Norfolk and Bristol turnpike ; 
thence on the easterly side of said turnpike to Seaver 
street ; thence on the northerly side of Seaver street to 
Brush Hill turnpike ; thence in a direct line to Dor- 
chester line. 



CENSUS AND VALUATION. 



91 



CENSUS OF ROXBURY 



AT VARIOUS PERIODS. * 



In 1810—3669. 

1830,-5249. 
1840,-9089. 



In 1820,- 
1837,- 



-4135. 
-7493. 



1845,— 13,929. 
1850,-18,316. 



* The Census, of Roxbury is taken from the Massachusetts Register, 
with the exception of the year 1845 and 1850, which is taiien from the 
Town and City Records. 



VALUATION OF ESTATES, 

And number of Polls in Roxbury, from 1836 to 1852. 



Fear. 


Valuation. 


Polls. 


1836, 


$5,582,400 


1833. 


1837, 


5,875,000 


2114. 


1838, 


2,979,900 


2047. 


1839, 


6,438,600 


2129. 


1840, 


6,721,000 


2300. 


1841, 


6.941,600 


2474. 


1842, 


7,341.600 


2570. 


1843, 


7,710,000 


2554. 


1844, 


8,578,600 


2977. 


1845, 


9,569,800 


3433. 


1846, 


12,531,100 


3666. 


1847, 


12.628,300 


3806. 


1848, 


13,192,600 


3999. 


1849, 


13,476,600 


3982. 


1850, 


13,712,800 


4125. 


1851, 


13,933,200 


4213. 


1852, 


11,935,200 t 


3440. 



t West Roxbury was set off May 24, 1851. 



NAMES 

Of Members of the City Government, since the adoption of the 
City Charter. 

MAYORS. 

John Jones Clarke, 1846. 

Henry Alexander Scammel Dearborn, 1847, 48, 49, 50, 51.* 

Samuel Walker, 1852, 53. 

ALDERMEN. 

Elijah Lewis, 1846, 47. 

Dudley Williams, 1846. 

Laban Smith Beecher, 1846. / 

Moses Day, 1846. 

Samuel Walker, 1846. 

Samuel Jackson, 1846. 

Francis Chandler Head, 1846, 47, 48, 49, 50, 51. 

William Keith, 1846, 47, 48. 

Robert Gardner, 1847, 48. 

Richard Ward, 1847, 48, 49, 50, 51. 

William Bradbury Kingsbury, 1847, 48, 49, 50. 

Calvin Young, 1847, 48, 49, 50, 51. 

Nelson Curtis, 1847, 49, 50, 52, 53. 

Benjamin Franklin Campbell, 1848, 52, 53. 

Samuel Parkman Blake', 1848. 

Daniel Jackson, 1849, 50, 51. 

John Lincoln Plummer, 1849, 50, 51. 

William Mackintosh, 1849, 50. 

George Curtis, 1851, 52, 53. 

Hiram Hall, 1851. 

Theodore Dunn, 1851. 

George Brown, 1851. 

Abraham Gearfield Parker, 1852, 53. 

Alvah Kittredge, 1852, 53. 

Horace Williams, 1852, 53. 

James Guild, 1852. 

John Hunt, 1852. 

.lohn Sherburne Sleeper, 1853. 

Charles Hickling, 1853. 

*Died July 29th, 1851, at Portland, Me. Samuel Walker was elect- 
ed by the two branches of the City Council, August 11th, to fill the 
vacancy. 



93 



PRESIDENTS OF THE COMMON COUNCIL. 

Francis George Shaw, 1846. 
Linus Bacon Comins, 1847, 48. 
William Augustus Crafts, 1849, 50, 51. 
William Gaston, 1852, 53. 



COMMON COUNCIL. 



Ward 1. 

Daniel Jackson, 1846, 47, 48, 

Sylvester Bowman, 1846, 47, 49, 50. 

William Dudley Seaver, 1846. 

Simeon Litchfield, 1847, 48, 52. 

Ebenezer Chamberlain 1848. 

Allen Putnam, 1849, 50. 

James Munroe, 1849, 50. * 

John Parker, 1850, 51, 52. 

Daniel Putnam Upton, 1851, 52, 53. 

Reuben Winslow, 1851. 

John Reed Howard, 1851. t 

George JefFerds Lord, 1852, 53. 

Franklin Williams, 1853, 

Joseph Houghton Chadwick, 1853. 



Ward 2. 

Abraham Gearfield Parker, 1846, 47, 48. 

George Smith Griggs, 1846, 47, 48. 

Esdras Lord, 1846, 47, 48. 

Thatcher Sweat, 1849, 50, 51. 

Uriah Tompkins Brownell, 1849, 50, 51. 

William Seaver, 1849, 50, 51. 

John Milton Hewes, 1852, 53. 

Arial Ivers Cummings, 1852, 53. 

Joseph Houghton, 1852, 53. 

Wilder Beai, 1852. 

Phineas Colburn, 1853. 



* Resigned, and John Parker was elected to fill the vacancy, 
t Resigned, and John Parker was elected to fill the vacancy. 



94 



Ward 3, 

William James Reynolds, 1846,-47, 48, 49, 50. 

William Greene Eaton, 1846, 47, 48. 

John Lansdorf DeWolf, 1846. 

William Augustus Crafts, 1847, 48, 49, 50, 51. 

William Gaston, 1849, 50, 51, 52, 53. 

Joseph Crawshavv, 1851. 

True Russell, 1852. 

John Wells Parker, 1852, 53. 

Calvin Barstow Faunce, 1852, 53. 

William Lewis Hall, 1853. 



Ward 4. 

Alvah Kittredge, 1846, 47, 48, 49, 50, 51. 

Joseph Nathaniel Brewer, 1846, 47, 48, 49, 50, 51, 52, 53. 

James Guild, 1846. 

Nathaniel Mayhew, 1847, 48, 49, 50. 

George Davenport, 1851, 52. 

George Lewis, 1852, 53. 

Frederick Guild, 1852. 

Charles Frederick Bray, 1853. 

Henry Davenport, 1853. 



Ward 5. 

Linus Bacon Comins, 1846, 47, 48. 

Stephen Hammond, 1846, 48, 49. 

Samuel Weld, 1846, 47. 

Thomas Lord, 1847. 

Samuel Walker, 1848, 49, 51. 

Aaron Davis Williams, Jr., 1849, 50, 51. 

Hiram Hall, 1850. 

Robert Whipple Parker, 1850. 

Horace Williams, 1851. 

Charles Hickling, 1852. 

William Sherman Leland, 1852, 53. 

William Davis Adams, 1852, 53. 

Isaac Sanderson Burrell, 1852, 53. 

William Bird May, 1853. 



95 



Ward 6. * 

George James, 1846, 47. 
Joseph Richards Weld, 1846. 
Calvin Young, 1846. 
Franklin Fearing, 1847, 48. 
George Henry Williams, 1847. 
Atkins Augustus Clark, 1848, 49. 
Enoch Nute, 1848. 
John Flavel Jenkins Mayo, 1849. 
Jonas Barnard, 1849. 
Hosea Ballou Stiles, 1850, 51. 
William Henry Gray, 1851. 
John Richardson, 1S51. 



Ward 7. 

John Dove, 1846, 47, 
Anson Dexter,1846, 47. 
Theodore Dunn, 1846, 48, 50. 
James Eri Forbush, 1847. 
Stephen Merrill Allen, 1848, 49, 50. 
Ebenezer Whitten Stone, 1848, 49. 
Ephraim Washington Bouve, 1849. 
Jacob Phillips George, 1850,51, 
John Carroll Pratt, 1851. 
William Davis Ticknor, 1851. 



Ward 8. 

Francis George Shaw, 1846. 
George Washington Mann, 1846. 
Ebenezer Dudley, 1846, 47. 
Chauncy Jordan, 1847, 48, 49, 50. 
George Brown, 1847, 48, 49, 50. 
Benjamin Guild, 1848. 
Charles Gideon Mackintosh, 1849, 50, 51. 
Cornelius Cowing, 1851. 

James W Wason, 1851. 

Aaron Cass, 1851. 



* Wards 6, 7 and 8, with parts of Ward 4 and 5, were set off, and 
incorporated, by Act of the Legislature, May 24, 1851, into the town ©f 
West Roxbury. 



INDEX. 



ACCEPTANCE OF THE CHARTER, . 
ACCEPTANCE of Amendments, .... 

ACCOUNTS, committee on, 

ACT relating to public cemetery in the City of Roxbury, 

to regulate the storage and transportation of gunpowder 

in the City of Roxbury, 
relating to town and private ways, 
relating to town and county roads, 
imposing a penalty on town or city officers for neglect of 

certain duties, . 
concerning the erection of Balustrades upon buildings in 
cities, ........ 

additional relating to a Public Cemetery, 

concerning Powers of Cities, .... 

in relation to Public Health, ..... 

in relation to laying out highways and other ways, 
in relation to Railroad Crossings, 

concerning Truant children and Absentees from school, 
relating to the erection and use of buildings for stables, 
providing for the appointment of Police officers, 
ALMSHOUSE, superintendent of, 

physician of, . 
AMENDMENTS to City Charter, 
ASSESSORS, .... 

pay of . 

assistant, and pay of. 



BALUSTRADES. (See act concerning the erection of.) 

BOARD OF HEALTH, 

BURIALS, ordinance in relation to, . 

BURIAL GROUNDS, committee on, ... 

BY-LAWS. (See Ordinances.) 

13 



PAGE. 

21 

24 27 
74 

28 

33 
35 
36 

38 

37 
31 
36 

38 
41 
41 
43 
44 
45 
78 
78 
22 25 
77 
77 
77 

37 

81 

88 
75 



98 INDEX. 

CEMETERY, an act relating to public, in the City of Rox- 

bury, 28' 

CENSUS, at various periods, ...... 91 

CHIEF ENGINEER, 79 

CITY CHARTER, 3 

CITY CLERK, 73 

CITY COUNCIL, rules and orders of, ... . 66 

joint standing committees of, . . . 74 

CITY MARSHAL, 80 

CITY MESSENGER, 73 

CITY TREASURER, 77 

CITIES, act concerning the power of, . , . . . 36 

CLERK of the Common Council, 73 

CLERK of Wards, 88 

COMMITTEES, standing of the Board of Aldermen, . . 76 

of the Common Council, . . 77 

COMMON COUNCIL, rules and orders of, ... 57 

COMMISSIONERS of Highways, 78 

of Forest Hills Cemetery, ... 82 

COMPANIES, Engine, 79 

CONSTABLES, : . . 80 

CORONER, 80 

ENGINEER, Chief, his salary, 79 

ENGINEERS, and pay of, ...... 79 

ENGINES and Engine Companies, 79 

ESTATES valuation of, 91 

FENCE VIEWERS, 82 

FIELD DRIVERS 82 

FINANCE, committee on, 74 

FOREST HILLS CEMETERY, 90 

FUEL, commmittee on, ....... 75 

FIRE DEPARTMENT, committee an, ... . 75 

Companies, Engine and Hook and Ladder, . . 79 

GOVERNMENT of the City, 72 73 

GUNPOWDER. (See Act to regulate the storage and trans- 
portation of) 33 

HAY, weighers of, . . 82 

HEALTH, Board of, ....... 81 

HIGHWAYS, * surveyors of, 78 

* See Acts relating to Town and Private Ways, and Town and 
County Roads, pages 35, 36. 



INDEX. 



99 



HIGHWAYS, commissioner of, ..... 78 

bridges and sidewalks, committee on, . . 75 

HOGREEVES, 82 

INSPECTORS of Elections, 88 

INSTRUCTION, public, committee on, ... . 74 

INSTRUCTORS of schools, 84 

LAMPS, committee on, 76 

LUMBER, surveyors of, 82 

MAYOR, 72 

MAYORS, past, 92 

MAYOR AND ALDERMEN, 72 

MEASURERS of wood and bark, 82 

MEMBERS, past of City Council, 92 



ORDINANCES of the City, . ' . . . . . 
[The titles only of the Ordinances to No. 36, inclusive, 
are given in this year's Register.] 

No. 37. Establishing the office of City Crier, 

No. 38. In relation to Truant Children and 

Absentees from School, 

OVERSEERS OF THE POOR, 



PHYSICIAN to almshouse, 
PHYSICIANS, consulting, 
POLICE, committee on, 

department, 
POOR and Almshouse, committee on, 
POUND KEEPER, .... 
PRESIDENT of Common Council, . 
PRESIDENTS past. Common Council, 
PROPERTY, committee on public. 



RECORD of acceptance of City Charter, 
RECORDS of acceptance of Amendments, 
ROADS, Town and County. (See act relating to.) 

SCHOOLS, Public, location and Committee, 

instructors of, ... 

Primary, location, number and committee, 
instrucotrs of, ... 

SCHOOL COMMITTEE, 

Sub-Committees of, . - . 



46 



52 

53 

78 

78 
81 
76 
80 
75 
82 
73 
93 
74' 

21 

24 27 

36 

83 

84 
86 
86 
83 
83 



100 



INDEX 



SEALERS of Weights and Measures, 

Leather, 
SURVEYORS of highways, 

of lumber, 
SUPERINTENDENT of almshouse, 



82 

82 
78 
82 
78 



TAXES, collector of, 
TREASURER, City, 
TREASURY DEPARTMENT, 
TYTHING-MEN, 



77 
77 
77 
82 



UNDERTAKER, funeral. 



81 



WARDS, clerks of, . 

oflBcers, 

boundaries of, 
WARDENS, .... 
WATCH, captain of, his duties, 
WATCHMEN, 
WEIGHERS of hay, 
WEIGHTS and Measures, sealers of, 
WOOD AND BARK, measurers of. 



88 
88 
89 
88 
81 
81 
82 
82 
82