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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
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