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Full text of "[City documents, 1847-1867]"

BOSTON PUBLIC LIBRARY 



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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 THE 

CITY OF ROXBURY, 

FOR 

1854. 



ROXBURY: 

NORFOLK COUNTY JOURNAL PRESS. 

1854. 



Digitized by tine Internet Arciiive 

in 2010 witii funding from 

Boston Public Library 



http://www.archive.org/details/citydocuments543roxb 



CITY CHARTER. 



COMMONWEALTH OF MASSACHUSETTS. 



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



AN ACT to Establish the City of Roxbury. 

Be it enacted by the Senate and House of Repre- 
sentatives in General Court assembled, and by the 
authority of the same as follows : 

Sect. 1. The inhabitants of the Town of Rox- ^°f^^J ^° 
bury shall continue to be a body politic and corpo- ^'^'^' ^' 
rate, 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 fiscal, Adminis- 
prudential and municipal affairs of said city, with tratinnto 
the government thereof, shall be vested in one j'^^^|^'^„^ 
principal officer, to be styled the mayor; one conn- Aldermen, 
cil of eight, to be called the board of aldermen ; '"""^ 9,""'" 

1 ■> r r 1 iiii f""" Coun- 

and one council oi twenty-lour, to be called thccii. 
common council; which boards, in their joint ca- 
pacity, shall be denominated the city council, and 
the members thereof shall be sworn to the faithful 
performance of the duties of their respective offices. 
A majority of each board shall constitute a quo- 
rum, for doing business, and no member of either ,vithout 
board shall receive any compensation for his ser-pay* 
vices. 

Sect 3. It shall be the duty of the Selectmen 
of the Town of Roxbury, as soon as may be, after 



• CITY CHAR TE R. 

the passage of this act, and its acceptance by the 
inhabitants, as hereinafter provided, to divide said 
Selectmen town into eight wards, as follows, to wit : Jirst, by 
to divide drawing a line between the second and third par- 
into vvards ishcs, as near the old territorial parish line as may be 
convenient, and constituting the second parish one 
ward : second^ by drawing a line in the same man- 
ner between the first and third parishes, and divid- 
ing the third parish into two wards, to contain as 
nearly as may be convenient, an equal number of 
inhabitants : and, third, by dividing the first parish 
into five wards, as nearly equal in number of in- 
habitants as may be consistent with convenience 
in other respects. 

And it shall be the duty of the city council, once 

in five years, to revise, and if it be needful, to alter 

To he re- said wards in such manner as to preserve as near- 

^^ve\elvP 'y ^^ "^^y ^^^ ^'^ equal number of voters in each 

by City ward; provided, hotcever^ that the second parish 

Council, shall always constitute at least one ward, and the 

third parish shall constitute at least two wards, 

without any addition of territory to either. 

Sect. 4. On the second Monday in March, 
annually, there shall be chosen by ballot in each 
Election of Said wards, a warden, clerk, and three inspec- 
ai'titii'ties tors of elections, residents of wards in which they 
and Clerk" ^""^ chosen, who shall hold their offices for one 
and inspec- year, and until others shall have been chosen in 
^[^ ?^ their places, and qualified to act. It shall be the 

Llectiona. , V ,' / . , ,, , 

duty of such warden to preside at all ward meet- 
ings, with the power of moderators of town meet- 
ings. 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 meetings the clerk shall not be present, a clerk 
pro tempore shall be chosen by ballot. The clerk 
shall record all the proceedings and certify the 
votes given, and deliver 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 inspec- 
tors of elections, to assist the warden in receiving, 
assorting and counting the votes. And the warden 



CITyCHARTKK. 5 

clerk and inspectors so chosen, .shall respectively 
make oath or affirmation, 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 
warden to the clerk and inspectors, or by any jus- 
tice of the peace for the county of Norfolk. 

All warrants for meetings of the citizens for mu-Wnrrants 
nicipal purposes, to be held either in wards or in ^"^'"^^^^[^ 
general meetings, shall be issued by the Mayor Meetings. 
and Aldermen, and shall be in such form, and shall 
be served, executed and .returned in such manner, 
and at such times, as the city council may by any 
by-law direct. 

Sect. 5. The Mayor and eight aldermen, one 
alderman to be selected from each ward, shall be Elections 
elected by the qualified voters of the city, at large, "ficf city 
voting in their respective wards, and three com- Council, 
mon councilmen shall be elected 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 qual- 
ified in his place. 

Sect. 6. On the second Monday in March, an- Proceed- 
nually, immediately after a warden, clerk, and in-'"gsat 
spectors shall have been elected and sworn, the J^g^'g^ings. 
qualified voters in each ward shall give in their 
votes for mayor, aldermen, and common council- 
men, as provided in the preceding section ; and all 
the votes so given, shall be assorted, counted, de- 
clared, and registered 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 Certificates 
after such election, shall deliver to the persons °^'^^^'^"°°" 
elected members of the common council, certificates 
of their election, signed by the Avarden 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 election, certfied in like manner : 
provided, however, that if the choice of common 



b CITY CHARTER. 

councilmen cannot be conveniently effected on that 
day, the meeting may he adjourned, from time to 
time, to complete such election. 

The board of aldermen shall, as soon as may 
be convenient, examine the copies of the records 
of the several wards, certified as aforesaid, and 
shall cause the person who may 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 is- 
sue their warrants for a new election, and the same 
proceeding shall be had as are hereinbefore provid- 
ed, for the choice of mayor, and repeated from time 
to time, until a mayor is chosen. 
To supply In case of the decease, resignation or absence of 
The office of ^^^"^ mayor, or his inability to perform the duties of 
Major his office, it shall be the duty of the board of al- 
dermen and the common council in convention, to 
elect a mayor for the time being, to serve until 
another is chosen, or until the occasion causing the 
vacancy is removed. 

And, if it shall appear that the whole number 
men. ' o( aldermen have not been elected, the same pro- 
ceedings shall be had, as are herein before provided 
for tlie 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 admin- 

Oath, istered to the mayor by the city clerk, 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 tlie forenoon, meet in convention, when the oath 
required by this act shall be administered to the 
members of the two boards present, by the mayor, 
or by any justice 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 mayor 
and aldermen, and of the common council, by their 
respective clerks. 

And whenever it shall appear that no mayor 
c.'nTen'ion^^^ been elected previously to the said first Mon- 
yilea no day in April, the mayor and aldermen for the time 



CITYCHARTBR. 7 

being, shall make a record of that fact; an attested Mayor is 
copy of which the ciiy clerk shall read at the*^ '"'^"* 
opening of the convention to be held as aforesaid. 

After the oath has been administered as aforesaid, 9'"g''"'"'V 
the two boards shall separate ; and the common common 
council shall be organized by the choice of a presi- Council, 
dent and a clerk, to hold their office during the 
pleasure of the common conncil, and to be sworn 
to the faithful performance of their duties. 

In case of the absence of the mayor elect, on the I" abseacft 
first Monday in April, the city government shall "t first^*"^ 
organize itself in the manner herein before provid- Meeting, 
ed, and may proceed to business in the same man- 
ner as if the mayor were present, and the oath of 
office may be administered to the mayor at any 
time thereafter, in a convention of the two branches. 

In the absence of the mayor, the board of alder- « ^^ 
men may choose a chairman pro tempore, who shall tem. 
preside at joint meetings of the two boards. 

Each board shall keep a record of its own pro- EachBoard 
ceedings, and judge of the elections of its own J^'f^s^.of 
members; and in failure of election, or in cases of its own 
of vacancy, may order new elections. And in Members, 
case of any such vacancy declared by either board, 
the mayor and aldermen shall order a new elec- 
tion. 

Sect. 7. The mayor thus chosen and qualified, ^ay^/*^ 
shall be the chief executive officer of 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 sub- 
■ ordinate 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 informa- 
tion, 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 con- 
vention of the two branches, but shall have only a 
casting vote. 



8 CITTCHAKySR. 

Compenia- The Salary of the mayor for the first year, in 

lion. which this charter shall take efiect, shall be six 

hundred dollars, and no more ; his salary sliall 

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 compen- 

j^jg . g ji sation : ^^rorif/ecZ, however^ that the city council 

pointed shall have power to appoint the mayor commis- 

Comrais- siouer of highways, when, in their opinion, such 

Highways, an oflice is necessary, and allow him a suitable 

compensation therefor. 
Executive Sect. 8. The executive power of said city gen- 
P°"'^r '" erallj^, and the administration of the police, with 
and Ai^er-^^l the powcrs heretofore vested in the selectmen of 
men. Roxbury, shall be vested in the mayor and alder- 

men, as fully as if the same were herein specially 
enumerated. 
Police And the mayor and aldermen shall have'full 

Office. j^j^(j exclusive power to appoint a constable and 
assistants, or a city marshal and assistants with 
the powers and duties of constables, and all other 
police officers ; and the same to remove at pleasure. 
Consta- And the mayor and aldermen may require any 

Y^^^\ person, appointed a conslable of the city, to give 

bonds, with such security as they may deem rea- 
sonable, 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 the selectmen of 
towns. 
Ltcencei. And the mayor and aldermen shall have the 
same power to grant licences to innholders, victual- 
lers, and retailers within the city which is possessed 
by the mayor and aldermen of the City of Boston. 
To appoint ^he city council shall annually, as soon after 
certain their Organization as may be convenient, elect, by 
Officera. 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 de- 
termine, appoint or elect all other subordinate offi- 
cers, for whose election or appointments other pro- 
vision is not herein made» define their duties and 
fix their compensations. 



CITY CHARTER. 9 

All sittings of the common council shall he pub- sittinTs 
lie, and all sittings of the mayor and aldermen shall public? 
also be public, when they are not engaged in ex- 
ecutive business. 

The city council shall take care that no moneys 
be paid from the treasury, unless granted or appro- 
priated; shall secure a just and proper accounta- 
bihty by requiring bonds, with sufficient penalties 
and sureties, from all persons trusted Avith the re- 
ceipt, custody, or disbursement of money; shall 
have the care and superintendence of the city 
buildings, 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 convenience 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 receipts and expenditures, and a schedule of 
city property. 

Sect. 9. In all cases in which appointments Mayor to 
are directed to be made by the mayor and alder- nominate, 
men, the mayor shall have the exclusive power of 
nomination; such nomination, however, being sub- 
ject to be confirmed or rejected by the board of al- 
dermen ; provided^ however^ that no person shall be Members 
eligible to any office of emolument, the salary of City 
of which is payable out of the city treasury, who, ^o°"eiTHbie 
at the time of such appointment, shall be a mem- to offices 
ber of the board of aldermen or of the common "' emoiu- 

.] ment. 

council. 

Sect. 10. The city elerk shall also be clerk of n *- r 

11111 Duties ot 

the board of aldermen, and shall be sworn to the City cjerU. 
faithful performance of his duties. He shall per- 
form such duties as shall be prescribed by the 
board of aldermen, and he shall perform all the 
duties, and exercise all the powers, by law incum- 
bent upon, or vested in, the town clerk of the town 
of Roxbury. He shall be chosen for one year, and 
mitil another shall be chosen and qualified in his 
place; but may be at anytime removed by the 
city council. 

Sect. 11. The qualified voters of each ward, ^^ 
at their respective annual ward meetings for the „fthePoor 

2 



10 CITYCHARTER. 

choice of officers, shall elect by ballot one person 
in each ward to be an overseer of the poor, who 
shall be a resident of said ward, and the person 
thus chosen, together with the mayor, shall consti- 
tute 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. 
School The qualified voters shall, at the same time and 

Committee. [^ ^}^g game manner elect three persons from the 
city at large, and two persons from each ward to be 
members of the school committee, and the persons 
thus chosen shall constitute the school committee, 
and have the care and superintendence of the pub- 
lic schools. 
Assistant The qualified voters shall, at the same time and 

Assessors. .,.,'■ , . , , , 

m like manner, elect one person m each 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 relative to persons and property taxable 
in their respective wards, and they shall be sworn 
to the faithful performance of their duty. 

Assessors. The persous to be chosen by the city 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 ^n taxes shall be assessed, apportioned and col- 

raav make i • i •{_ i V i i • 

further pro- lected lu the manner prescribed by law relative to 
vision for towu taxcs : provided, however, that it shall be law- 
of Taxes, f^il for the city council to establish further and 

additional provision for the collection thereof. 
Vacaijcies, Should there fail to be a choice of overseers of 
how filled, tiie poor, members of the school committee, or as- 
sistant assessors, in any Avard, the vacancy or va- 
cancies shall be filled by the city council in con- 
vention, in the same manner that is provided for 
filling vacancies in the Senate of this Common- 
wealth. 
„. ^ Sect. 12. The city council shall have exclusive 

Highways. ^i ■, i ^ i ^ ^ ^ 

^ • authority and power to lay out any new street or 
town way, and to estimate the damages any indi- 
vidual may sustain thereby, but all questions rela- 
ting to the subject of laying out, accepting, alter- 



CITY CHARTER. 11 

teriiig, 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 council in the estimate of damages, may 
make complaint to the county commissioners of the 
County of Norfolk, at any meeting held within one ^pp**'*" 
year after such decision; whereupon the same pro- Com"!,^,. 
ceedings shall be had as are now provided by theaioner«. . 
laws of the Commonwealth in cases where persons 
are aggrieved by the assessment of damages by 
selectmen, in the twenty-fourth chapter of the Re- 
vised Statutes. 

Sect. 13. All power and authority now byjj^^ij. 
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 authority 
to cause drains and common sewers to be laid down sew^s" 
through any street or private lands, paying the 
owners such damages as they may sustain thereby; 
and to require all persons to pay a reasonable sum 
for the privilege of opening any drain into said 
public drain or common sewer. 

And the city council may make by-laws with 
suitable penalties for the inspection, survey, meas- ofTumber 
urement, and sale of lumber, wood, coal, and bark, &c. 
brought into the city for sale. 

Sect. 15. All fines, forfeitures and penalties prosecu- 
accruing for the breach of any by-laws of the City tions for 
of Roxbury, or of any of the ordinances of the citv ^■T'^^ °^ 

■J r c I 1 r 1 % '-^•'y Laws, 

council, or or any oi the orders of the mayor and &c. 
aldermen, may be prosecuted for and recovered, be- 
fore any justice of the peace in saidCity of Roxbury, 
by complaint or information, in the name of the 
Commonwealth, in the same way and manner in 
which other criminal offences are now prosecuted 
before the justices of the peace within this Com- 
monwealth ; reserving, however, 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. 



12 C I T Y C H A R T E K . 

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

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

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

When any person npon any conviction before a 
justice of the peace, for any breach of any by-law 
of said City of Roxbury, or any of the ordinances 
of the city council, or any of the orders of the may- 
or and aldermen, shall be sentenced to pay a fine, 
or ordered to pay any penalty or forfeiture, provid- 
ed by any such by-law, ordinance or order, or npon 
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 mean time to 
keep the peace and be of good behavior, and upon 
not paying the fine, penalty or forfeiture and costs 
so assessed npon him, he shall be conmnitted to 
prison, there to remain until he or she shall pay 
such fine, forfeiture or penalty and costs, or be 
otherwise discharged according to law. 

The provisions of this section shall also apply to 
all prosecutions founded on the by-laAvs or ordi- 
nances of the Town of Roxbury, which may con- 
tinue in force after this act shall go into operation. 
„ Sect. 16. It shall be the duty of the city conn- 

tatives. cil annually, in the month of October, to meet in 
convention and determine the number of represen- 
tatives 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 rep- 
resentatives. 



CITY CHARTER. 13 

Sect. 17. All elections for County, State, and r';^°'=««^''- 
United States' officers, who are voted for bj^ the .','Jf^,."I„i!"f. 
people, shall be held at metings of the citizens qnal- ings foi- 
ified to vote in such elections, in their respective ^'^^''"J' "' 
wards, at the time fixed by law for these elections state,' 'u.d 
respectively; and at such meetings all the votes ^^'e'"'*' 
given for said several officers 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 be written in the ward record in words at length. 
The ward clerk shall forthwith 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 certificate of the re- 
sult of such electious, to be signed by the mayor 
and a majority of the aldermen, and also by 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 elec- 
tion, conformably to the provisions of the Constitu- 
tion, and the laws of the Commonwealth. 

Sect. 18. Prior to every election the mayor and List of 
aldermen shall make out lists of all the citizens of ^'^'*^''*- 
each ward qualified to vote in such elections, in the 
manner in which selectmen of towns are required 
to make out lists of voters; and for that pin-pose 
they shall have full access to the assessors' books 
and lists, and be entitled to the assistance of all 
assessors, 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 naine is not borne on such list. 

Sect. 19. General meetings of the citizens qual- Meetings 
ified to vote, may, from time to time, be held, to"*" ''i<^ ^'t«- 
consult upon the public good; to instruct their vep-^*^""" 



14 CITY CHARTER. 

resentatives, and to take all lawful measures to 
obtain redress for any grievances, according to the 
ri^ht secured to the people by the Constitution of 
this Commonweahh. And such meetings may 
and shall be duly warned, by the mayor and alder- 
men, upon the requisition of fifty qualified voters. 
First or- Sect. 20. For the purpose of organizing the 
ofThe cuy system of govemmeut hereby established, and put- 
Gorern- tiug the Same into operation in the first instance, 
™*°** the selectmen of the town of Roxbury for the 
lime 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 citi- 
zens at such place and hour as they may deem ex- 
pedient, for the purpose of choosing a warden, 
clerk and inspectors (or each ward, and all other 
officers whose election is provided for in the pre- 
ceding sections of this act, and the transcripts of 
the records of each ward, specifying the votes giv- 
en for the several officers aforesaid, certified by the 
Avarden and clerk of such ward, at said first meet- 
ing, shall be returned to the said selectmen, whose 
duty it shall be to examine and compare the same, 
and in 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 appoint 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 forty-six, 
and shall also fix upon theplace 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 officers chosen as provided in this section. 



CITY CHARTER. 15 

And after this first election of city officers, and this 
first meeting for the organization of the city coun- 
cil, as in this section is provided, the day of holding 
the annual elections, and the day and hour for the 
meeting of the city council, for the purpose of or- 
ganization, shall remain as provided in the sixth 
section of this act. 

And it shall be the duty of the city council, im- 
mediately after the first organization, to elect all 
necessary city officers, who shall hold their offices 
respectively until others are chosen and qualified; 
and at the meetings to be called, as prescribed in 
this section, for the choice of ward and city officers, 
the said inhabitants may, and shall, also give in 
their votes for county officers, which votes shall be 
recorded, certified and returned in the manner pro- 
vided in the seventeenth section of this act. 

Sect. 21. The city council shall have power to Powero( 
make all such salutary and needful by-laws, as ^^^^ City 
towns, by the laws of this Commonwealth, have^nlTe^ *** 
power to make and establish, and to anex penal- By-Laws, 
ties not exceeding twenty dollars for the breach 
thereof, which by-laws shall take effect and be in 
force from and after the time therein respectively 
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 expire by their own 
limitation, or be revised or repealed by the city 
council, remain in force; and all fines and forfeit- 
ures for the breach of any by-law, or ordinance, 
shall be paid into the city treasury. 

Sect. 22. The annual town meeting for the Annual 
Town of Roxbury, which by law is required to ^°**'" '""^- 
be held in the month of March or April, is hereby p"e^ded', 
suspended, and all town officers now in office, shall &c., and 
hold their places until this act shall go into opera- ce«"to°hold 
tion ; and in case this charter shall not be accepted, over, &c. 
in the manner and form as hereinafter provided, 
then the selectmen shall issue their warrant accord- 
ing to law, for holding the annual town meeting of 
the inhabitants, in which all the proceedings shall 
be the same as if this act had not been passed. 



1,6 CITY C HARTER. 

Jeiivcry,^ Sect. 23. All officers of the Town of Roxbnry, 
po'j.'.is'^to'^' having the care and custody of any records, papers, 
Citj citrk. or property belonging to said town, shiill 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, as 
inconsis- gj.g inconsistent with the provisions of this act, 
ions.'''" "^ shall be, and the same are hereby repealed. 
Leoisiature Sect. 25. Nothing in this act contained shall 
may alter be SO coustrued as to prevent the Legislature from 
and amend altering or aiueudius: the same, whenever they 

tins act. , ,, r • T ^ ' 

shall deem it expedient. 
Acttobe Sect. 26. This act shall be void, unless the in- 
void unless habitants of the Town of Roxbury, at a legal town 
acccpif-d meeting called for that purpose, shall, by a vote of 
haijitants. 3. majority of the voters present, and voting tliere- 
on, by a written ballot, determine to adopt the 
same within twenty days from and after its passage. 
When to Sect. 27. This act shall go into operation from 
take effect, and after its passage. 

[Passed March 12, 1846.] 



ACCEPTANCE OP THE CHARTER. 17 



Extract from the Records of the Town of Roxbury. 

At a meeting of the Freeholders and other Inhabitants of 
the Town of Roxbury, qualified 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 Moderator. 

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

Art. 2. The qualified voters were called npon by the 
Moderator to bring in their ballots, Yea or Nay, for the ac- 
ceptance or rejection of the Act of the Legislature to "Es- 
tablish 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, Town Clerk. 

August 31, 1846. A true copy from the Record. 

JOSEPH W. TUCKER, City Clerk. 
3 



AMENDMENT. 



COMMONWEALTH OP MASSACHUSETTS. 



In the Year One Thousand Eight Hundred and Fifly. 



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

Roxbury. 

Be it enacted by the Senate and House of Representatives 
in General Court assembled, and by the authority of the 
same, as folloics : 

Sect. 1. The several municipal officers whose election 
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 Decem- 
ber, annually, and shall enter upon the duties of their re- 
spective offices on the first Monday in January, each year; 
but the officers chosen for the mnnicipal 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 an 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 vacancies in the com- 
mon council. 

Sect. 4. The list of jurors in the City of Roxbury, 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 



AMENDMENT. 19 

and for their respective towns; and the Hsts, when made 
out by the mayor and aldermen, 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 pow- 
ers 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 performed 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 simultaneously in the 
several wards, upon notice duly given, at least seven days 
before the time of said meetings, 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 quali- 
fied to act. 

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

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



20 ACCEPTANCE OF THE AMENDMENT. 



ACCEPTANCE OF THE AMENDMENT. 

In Board of Aldermen, Feb. 25, 1850. 

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

The special Committee to w.hom 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 ad- 
dition 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 hundred a7id 
fifteen ; against the amendment, 7iine. 

No return, was received from ward seven. 

C. YOUNG, ; ^ 

R. WARD, \Commiitee. 

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 Representatives 
in (jreneral Court assembled^ and by the authority of the 
same, as follows. • 

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 hereinafter provid- 
ed. It shall be ihe duty of the City Council, once in five 
years, to revise and if it be needful, to alter said Wards in 
such manner as to preserve, as nearly as may be, an equal 
number of voters in each Ward. 

Sect. 2. The second section of the said act, entitled 
" An Act to establish the City of Roxbury," is hereby so 
far amended, that from and after the election of the five ad- 
ditional 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 Alder- 
man to be selected from each Ward, and three Aldermen 
from the city at large, shall be elected annually, by the 
qualified voters of the city at large, voting in their respective 
Wards, and four Common Councilmen 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, 



22 AMENDMENT. 

and the Mayor, until another shall be elected and qualified 
in his place ; all of said officers shall be elected on the second 
Monday 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 qualified voters 
of the city at large, voting in their respective Wards, three 
Aldermen from 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 already elected ; 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 enter 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 Alder- 
men 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 vacancy, as is pro- 
vided in the sixth section of the act to which this is in ad- 
dition. 

Sect. 5. This act shall be void, unless the inhabitants 
of Roxbury, at any general meeting, duly warned by pub- 
lic notice, of at least seven days, by the Mayor and Alder- 
men, shall, (within thirty days from the passage hereof,) 
by written vote, adopt the same. 

Sect. 6. All acts, or parts of acts, inconsistent herewith, 
are hereby repealed. 

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

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



ACCEPTANC£ OF THE AMSNDMBNT. 23 



ACCEPTANCE OF THE AMENDMENT. 

Extract from the Records of the City of Roxbury. 

At a meeting of the inhabitants of the City of Roxbury, 
quahfied to vote in elections, dniy warned and legally as- 
sembled at the City Hall in said city, on Monday the twen- 
ty-third day of February, 1852. 

Art, 1. Laban S. Beecher, Esq., was chosen Moderator. 

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

Art. 2. The qualified voters were called upon by the 
Moderator to bring in their ballots. Yea or Nay, for the ac- 
ceptance or rejection of the act of the Legislature, entitled 
"An Act in further 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 hundred 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 Representatives 
in General Court assembled, and by the autliority of the 
same as follows : 

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 hav- 
ing 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, resigna- 
tion, removal or otherwise, such vacancy shall be filled by 
the choice of another Commissioner in the manner aforesaid, 
who shall hold his office for the residue of the term for 
which such member 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 constitute 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 determined by the City Coun- 
cil as follows : The Commissioner first chosen, shall hold 



S T A T E L A. W S . 25 

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 pub- 
lic burial place for the use of the inhabitants of the City of 
Koxbury, 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, appendages 
and conveniences, as they shall from time to time deem ex- 
pedient; and said board may make all necessary by-laws, 
rules and regulations, in the execution of their trust, not 
inconsistent with this act and the laws of the Common- 
wealth, as they shall deem expedient. 

Sect. 3. Said board of Commissioners shall have 
authority to grant and convey to any person or persons 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 subdivisions of said Cemetery, 
upon such terms and conditions, as they shall by their rules 
and regulations prescribe. 

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 Commissioners, 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 improve- 
ment and embellishment thereof, as aforesaid, under the di- 
rection 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 annually, 
in the month of February, and whenever required by the 
City Council, make and render a report in writing of all 
their acts and proceedings, and of the condition of the Cem- 
etery, and an account of the receipts and expenditures for 
the same, and the funds subject to their order. 
4 



26 STATELAWS. 

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

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

[Approved by the Governor, March 24, 184S.] 

[Accepted by the City Council.] 



AN ACT 



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

Be it enacted hy the Senate and House of Representatives 
in General Court assembled^ aiid by the authority of the 
same, as folloics : 

Sect. 1. The Board of Commissioners of the Rural 
Cemetery in Roxbury, elected by the City Council, pursu- 
ant to an act approved March twenty-fourth. One Thou- 
sand 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 
improveaient or embellishment 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, dona- 
tion or bequest, and whenever any such grant, dona- 
tion or bequest, or any deposite shall be made by the pro- 
prietor of any lot in said Cemetery, for the annual repair, 
preservation or embellishment of such lot and the erections 
thereon, the said Commissioners may give to such proprietor, 
or his representative, an agreement or obligation, in such 
form, and upon such terms and conditions as they may 
establish, binding themselves and their successors to pre- 
serve and keep in repair said lot, forever, or for such period 
as mav be agreed on. 



STATKLAWS: 27 

Sect. 2. Any sums of money, so received by said Com- 
missioners, shall be invested by the City Treasurer of Rox- 
bnry, under the direction of said Commissioners, in public 
stocks, or mortgages of real estate, and all such properly 
received under the provisions of the foregoing section (un- 
less other provision is made by the terms of any such grant, 
donation or bequest) shall be made imder the charge of 
said City Treasurer, but shall always remain separate from 
and independent of any other moneys or property belong- 
ing 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, bequest 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 foregoing provisions. But faid 
Commissioners shall not be liable to make any renewal or 
reconstruction of any monument, or other erection, on any 
lots in said Cemetery, unless such liability shall be ex- 
pressed in the agreement given by them as aforesaid, or in 
the terms and conditions mider 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 meeting 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.] 



28 STATELAWS 



AN ACT 

To Regulate the Storage and Transportation of Gunpowder 
in the City of Roxbury. 

Be it enacted by the Senate and House of Representatives in 

General Court assembled^ and by the authority of the 

^ame, 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 Roxbury, any quantity 
of gunpowder exceeding twenty-iive pounds, except in the 
discharge of military duty, or as hereinafter provided. 

Sect. 2. The Mayor and Aldermen of said City of Rox- 
bury may grant licenses for the sale of gunpowder in said 
City, which shall continue in force one year, unless sooner 
annulled by 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 the said license may he 
granted, or from 3'ear to year renew the same. For each 
original license there shall be paid a fee of five 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 gun- 
powder shall be kept by such persons as have been licensed 
to keep the same ; and all such other rules and regulations 
relative to the keeping or transportation of gunpowder m 
said Roxbury, except in the performance 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 perfor- 
mance of military duty, or under a license, as hereinbefore 
provided, may be seized by any engineer of the Fire De- 
partment 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 



STATELAWS. 29 

by the one hundred and eighteenth chapter of the Revised 
Statutes, for the "seizing and hbelling of forfeited goods; " 
and the same proceedings shall be had npon and in pursu- 
ance 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 conveniently be applied to 
the article of gunpowder ; and all the provisions of that por- 
tion of said chapter above referred to shall be in force in re- 
lation to the seizure of gunpowder as above provided, as ful- 
ly as if the article of gunpowder were specially mentioned 
therein. 

Sect. 6. Either of the Engineers of the Fire Depart- 
ment of said City may at any time enter into the place of 
business of any party licensed to keep gunpowder, 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 pubHc places in said 
City, and published in one or more newspapers printed 
in the Comity of Norfolk, and among the regular rules and 
ordinances of said City. 

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



AN ACT 



Relating to Town and Private Ways. 

Be it enacted by the Senate and House of Represe7itatives 
in General Conrt assembled^ and by the authority of the 
same, as folloivs : 

Sect. 1. When any town or private way shall be laid 
out, altered, or widened, by selectmen or county commis- 
sioners, they shall, in their report or return (hereof, ailow 
the owner of the laud through which said way may pass, 
a reasonable time to take off his trees, fences and other prop- 
erty, which may obstruct the building of such way. 



30 STATELAWS. 

Sect. 2. If said owner shall not remove the same with- 
in the time allowed for that purpose, he shall be deemed to 
have relinquished his riglit 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 commissioners shall determine. 

Sect. 3. If a jury shall be ordered to assess the damages 
done by the location, alteration or widening, of such way, 
they may extend the time for the owner of the land to re- 
move 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.] 



AN ACT 

Concerning the Power of Cities. 

Be it enacted by the Senate and House of Representatives 
■ in General Court assembled^ and by lite authority of the 
same, as follows : 

Sect. 1. The City Council of any City shall have pow- 
er and authority to make all by-laws not inconsistent with 
the laws of the Commonwealth, that may be necessary to 
preserve the peace, good order, and internal police of stich 
city, and may annex suitable penalties, not exceeding twen- 
ty dollars for any one breach thereof, to be recovered by 
complaint before any Police Com-t in such city, or any Jus- 
tice of the Peace in a city where no Police Court is estab- 
lished. Provided, That nothhig herein contained shall be 
.construed to aff'ect the provisions of an Act entitled an Act 
to prevent obstructions in the streets of cities, and to regu- 
late hackney coaches and other vehicles, passed at the pres- 
ent 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 concerning the 
powers of cities or towns, as relates to any city in the 
Commonwealth, is hereby repealed. 

[Approved by the Governor, April 24. 1847.] 



STATELAWS. 31 

AN ACT 
Relating to Town and County Roads. 

Be it enacted by the Senate and House of Rcpresentaiixes 
in General Court assembled, and by the avthority of the 
same, as folloivs : , 

The county commissioners of the several counties, and 
the selectmen of the several towns, and the mayor and al- 
dermen of the several cities of this Commonweahh, 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 Representatives 
in General Court assemhled, and by the authority of the 
same, as follows: 

The city council of any city in this Commonwealth shall 
have power from time to time, to malce 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 anex 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 



32 STATELAWS. 

justice of the peace, in a city where no police court is estab- 
hshed : provided, that no such rule or order shall take effect, 
or go into operation, until the same shall have been publish- 
ed 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.] 



AN ACT 



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

Be it enacted by the Setiate and House of Representatives 
in General Court assembled^ and by the authority of the 
game as folloivs : 

If any selectman, or other town or city officer, shall wil- 
fully 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 exceding two hundred dollars, to be re- 
covered in the manner provided in the twelfth section of 
said fifth chapter. 

[Approved by the Governor, May 2, 184S.] 



AN ACT 
In Relation to Public Health. 

Be it etiacted by the Senate and House of Representatives 
in General Court assembled^ and by the authority of the 
same as follows : 

Sect. 1. All the powers vested in, and the duties pre- 
scribed to boards of health of towns, by the general 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. 



S T A T K L A W S . 33 

Sect. 2. The power and duties above named, may be 
exercised and carried into effect by city councils, in any 
manner which they may prescribe, or through the agency 
of any persons to whom they may delegate the same, not- 
withstanding a personal 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 constitute 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 property, with- 
in any city, the board of health, or health officer, shall or- 
der 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 oc- 
cupant 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 re- 
main, after the time prescribed as aforesaid for the removal 
thereof. 

Sect. 4. The order mentioned in the last section shall 
be communicated by a written notice, served personally 
upon the owner, occupant, or their authorized agent, or 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 
unknown, or without the State, the premises being unoccu- 
pied, then such notice may be served, by posting up the 
same on the premises, and by advertising 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 not comply 
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 incurred thereby, shall be 
paid by the said owner or occupant, or by such other per- 
son as shall have caused or permitted the same, if said 
owner or occupant, or such other person, as shall have had 
actual notice from the board of health, of the existence of 
said nuisance, source of filth, or cause of sickness. 
5 



34 



STATE LAWS. 



Sect. 6. All expenses'incurred by any town or city in 
the removal of nuisances or for the preservation of the pub- 
lic heahh, and which are recoverable of any private per- 
son 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 die amount claimed. 

Sect. 7. AH 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 treasurer, before any justice of the peace 
of the county, or police court of the city in which the olfence 
may have been committed. 

Sect. S. The tenth, eleventh, and forty-sixth sections of 
the twenty-first chapter of the Revised Statutes, 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 inconsistent with the foregoing pro- 
visions, are hereby repealed, saving all proceedings and 
causes of proceeding, and forfeitures incurred under and by 
virtue of such repealed acts. 

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



AN ACT 



In Relation to the Laying out of Highways and other 

Ways. 

Be it enacted by the Senate and House of Representatives 
in General Court assembled, and by the authority of the 
same, as folloivs : 

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, m respect to the laying out, altering, or discon- 
tinuing of any way, which laying out, altering, or discon- 
tinuing, shall take place after the passage of this act, shall 
be drawn in question, the time limited for applications for a 



STATELAWS. 35 

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 within one year 
after the fitial determination of any such suit; provided^ 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 Railroad Crossings. 

Be it enacted by the Senate and House of Rep7'eseniatives 
in (jreneral Court assembled^ and by the authority of the 
same, as follows : 

Sect, 1. The application now required by the eightieth 
section of the thirty-ninth chapter of the Revised Statutes 
to be made by selectmen to county commissioners, in the 
matter of a crossing, by a railroad, of any turnpike, high- 
way, or townway, may, when said crossing is within the 
limits of the City of Boston, be made, by any two inhabi- 
tants of said city, to the mayor and aldermen thereof, and 
such inhabitants shall be liable for costs when the railroad 
corporation shall be the prevailing party, and before the 
hearing of the application, shall give bonds, with sufficient 
siu'ety, for the payment of such costs, if the mayor and 
aldermen shall so adjudge. 

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



36 STATELAWS. 

Sect. 3. The county commissioners may direct gates to 
be built across the turnpike, highway, or townway, when 
the same crosses such raih'oad, instead of across said rail- 
road. 

Sect. 4. The original jurisdiction of all questions 
touching obstructions to turnpikes, highways, ortownways, 
caused by the construction or operation of raih'oads, shall be 
vested in the county commissioners of their respective coun- 
ties wherein such obstructions shall occur. 

Sect. 5. The supreme judicial court shall have jurisdic- 
tion in equity, and may compel raih'oad corporations to 
raise or lower any turnpike, highway, or townway, when 
the county commissioners have decided, or may decide, in 
due and legal form, that such raising or lowering of any 
such M'ay is necessary for the security of the public, and to 
compel railroad corporations to comply with the orders, 
decrees, and judgments of county commissioners, in all 
cases touching 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 Representatives 
in General Court assembled, and by the authority of the 
same as follows : 

Sect 1. Each of the several cities and towns in this 
Commonwealth, is hereby authorized and empowered to 
make all needful provisions and arrangements concerning 
habitual truants, and children not attending school, without 
any regular and lawful occupation, growing up in igno- 
rance, 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 annex- 
ed to such ordinances, suitable penalties, not exceeding, for 



STATELAWS. 37 

any one breach, a fine of twenty dollars : Provided^ that 
said ordinances and by-laws shall be approved by the conrt 
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 them- 
selves of the provisions of this act> shall appoint, at the 
atniual meetings of said towns, or annually by the mayof 
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 ordinances or by-laws, to the jus- 
tice of the peace, or other judicial officer, who, by said or- 
dinances, shall have jurisdiction in the matter; which per- 
sons, thus appointed, 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 truancy, and without the benefit 
of the education provided 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 suitable situation, as may be assigned or provided for 
the purpose, under the authority conveyed by the first sec- 
tion 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 Representatives 
in General Court assembled^ and by the authority oj the 
same^ as follotos : 

Sect. 1. If any person shall erect, occupy or use any 
building, in any city or town, for a stable for more than four 
horses, or for a bowling alley, except in such parts of such 



38 



STATE LAWS 



city as the mayor and aldermen thereof, or of snch 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 building, and in the like 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 erectian, occupancy 
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 inhabi- 
tants thereof, at a legal meeting, shall within sixty days 
from the passing hereof, by vote adopt the same. 

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

[Approved by the Governor, May 24, 1951.] 

[Adopted by the City Council.] 



AN ACT 

Providing for the Appointment of Police Officers. 

JBe it enacted by the Senate and House of Representatives 
in General Court assembled^ and by the authority of the 
same^ as follows : 

The mayor and aldermen of the several cities, and the 
selectmen of the several towns, in this Commonwealth, may 
from time to time, appoint snch police officers for their re- 
spective cities and towns as they may jndge necessary, with 
all or any of the powers of constables, except the power of 
serving and executing any civil process. And the said po- 
lice officers shall hold their offices during the pleasure of the 
mayor and aldermen, and selectmen, by whom they are re- 
spectively appointed. 

[Approved, May 15, 185 l.J 



CITY ORDINANCES 



[No. 1.] 

AN ORDINANCE 



Prescribing the manner of Recording the Ordinances of 

the City. 

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

Sect. 1. AH ordinances which shall be passed by the 
Mayor atid Aldermen and Common Council of said City, 
shall be engrossed or recorded by the City Clerk, in a fair 
and legible hand, without interlineation or erasure, in the 
order in which they shall pass to be ordained, in a book to 
be kept for that purpose, made of strong linen paper, with 
proper margins and index, to be lettered "Record of Ordi- 
nances of the City of Roxbury." 

Sect. 2. Said Book of Records shall be preserved in the 
office of the City Clerk, subject to the inspection of the citi- 
zenSa 

[Passed May 18, 1846.] 



[No. 2.] 

AN ORDINANCE 



Concerning the form of Warrants, and the Service and 
Return thereof 

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

Sect. 1, The form of Warrants for calling meetings of 



40 CITY ORDINANCES. 

the citizens of the several Wards shall be as follows, viz : 
j L. s. > City of Roxhiiry. 

To either of the Constables of the City of Roxhury^ 
Greeting: In the name of the Cominouwealih of Massa- 
chusetts, yon are hereby required, fortlnvith, to warn the 

inhabitants of Ward l\o. , qualified as the law directs, 

to assemble at , on the day of , at — 

o'clock . — . M., then and there to . Hereof 

fail not, and have you there then this Warrant, with your 
doings thereon. 

Witness, , ]\Iayor of our said City of Roxbury, 

the day of , in the year of our Lord one thou- 
sand eight hnndred and . 

By order of the Mayor and Aldermen. 

, City Clerk. 

Sect. 2. All warrants for calling meetiiTgs of the citizens 
of the several wards which shall be issued by the Mayor 
and Aldermen, shall be served by any Constable of the 
City, and returned to the Wardens of the several Wards in 
the said City, on or before the time of meeting of the citizens 
of said Wards, therein specified. 

Sect. 3. The form of Warrants for calling meetings of 
the inhabitants of the City of Roxbury, shall be as follows, 
to wit : 

] L. s. > City of Roxbury. 

To the Constables of the City of Roxbury^ Greeting : 
In the name of the Commonwealth of Massachusetts, you 
are hereby required forthwith to warn the inhabitants of the 
City of Roxbury, qualified as the law directs, to assemble 

at , on the day of , at o'clock, — . 

M., then and there to . 

Hereof fail not, and have you then there this Warrant, 
with your doings thereon. 

Witness, , Mayor of our city of Roxbury, 

the day of , in the year of our Lord one thousand 

eight hundred and . 

By order of the Mayor and Aldermen. 

City Clerk. 



CITY ORDINANCES. 41 

Sect. 4. All Warrants which shall be issued by the 
Mayor and Aldermen, for calling meetings of the inhabi- 
tants of the City, shall be served by any Constable of the 
City, and returned to the Mayor and Aldermen, on or be- 
fore the meeting of the citizens therein specified. 

Sect. 5. It shall be the duty of the Mayor and Alder- 
men to fix the time when the poll shall close, as well as the 
time for the opening thereof, in the election of all officers, 
except Ward officers, and insert the same in any Warrant 
and notification to the inhabitants of such election. 

Sect. 6. Each inhabitant being a legal voter in said 
City be notified at his place of residence. 

Sect. 7. All Warrants for convening the legal voters 
of the City, shall be issued at least seven days before the 
time of holding said meeting, and it shall be the duty of 
the Constable warning said meeting, to make return there- 
of, one day before the holding said meeting. 

[Passed May 18, 1846.] 



[No. 3.] 

AN ORDINANCE 



Relating to the Election of certain City Officers. 

Be it ordained by the City Coimcil of the City of Rax- 
bury, as follows : 

Sect. 1. The mode of electing the following officers, 
to wit : Surveyors of Highways, Surveyors of Lumber, 
Measurers of Wood and Bark, Weighers of Hay, Sealers 
of Weights and Measures, Field Drivers, Fence Viewers, 
Pound Keeper, Tything Men, Sealers of Leather and Hog 
Reeves, shall be as follows, to wit : They shall first be 
elected by the Mayor and Aldermen, and sent down to the 
Common Council, for its concurrence, rejection, or amend- 
ment. [Passed May 18, 1846.] 



42 CITY ORDINANCES 



[No. 4.] 

AN OEDINANCE 

Autliorizing the appointment and prescribing the duties of 
a City Marshal. 

Be it ordained by the City Council of the City of Rox- 
bury, as follows : 

Sect. 1. The Mayor and Aldermen shall forthwith, and 
hereafter, in the month of April, annually, appoint a City 
Marshal, and seven assistants, who shall hare power and 
authority to assist the City Marshal in the execution of his 
office, or on any occasion when the City Marshal is not 
present, to officiate in his stead, with the powers and du- 
ties of Constables, who shall remain in office until the next 
annual election, unless removed as hereafter provided. 

Sect. 2. Said Marshal shall have precedence and com- 
mand over his assistants, and the other Constables, when- 
ever engaged in the same service, or when directed thereto 
by the Mayor and Aldermen, and before entering upon the 
duties of his office, shall be sworn to the faithful j)erform- 
ance of its duties by the Mayor, and shall also give bonds 
to the Treasurer of the City of Roxbury, in the sum of 
five hundred dollars, with sufficient sureties, to be approv-, 
ed by the Mayor and Aldermen, for the faithful perform- 
ance of the duties of said office. 

Sect. 3 It shall be the duty of the City Marshal, from 
time to time, to pass through the streets, lanes, alleys and 
courts of the City, to observe all nuisances, obstructions 
and impediments therein, to the end that the same be re- 
moved or prosecuted, according to law; to notice all of- 
fences against the laws, and against the ordinances of the 
City, taking the names of the offenders, to the end that the 
same may be prosecuted. It shall also be his duty to re- 
ceive all complaints of the inhabitants, made for any breach 
of the laws or ordinances of the City. It shall also be his 
duty to enforce and carry into effect, to the utmost of his 
power, all and every of the City ordinances and by-laws. 



CITY ORDINANCES. 43 

It shall be his duty to execute all orders and commands of 
the Mayor and of the Board of Aldermen, in relation to any 
matter or thing in which the City shall be in anywise con- 
cerned or interested. He shall be vigilant to detect the 
breach of any law, by-law or ordinance. It shall also be 
his duty to prosecute all offenders as soon- as may be, and 
attend, in behalf of the City, the trials of all offences 
which may be prosecuted ; and to use all lawful means for 
the effectual prosecution and final conviction of offenders, 
and to lay before the Mayor and Aldermen a correct 
statement of all prosecutions by him instituted in behalf of 
the City, or in which the city is any way concerned, within 
one week after their final determination respectively, and 
once a month furnish the Mayor with a detailed report, in 
writing, of such offences against the laws of the City ordi- 
nances, or any of them, as he may have detected. It shall 
also be his duty to collect, receive, and pay over to the 
Treasurer of the City, all fines and penalties incurred for 
violations of the by-laws and ordinances of the City, and 
further to perform all such other and additional duties, and 
to comply with all such regulations as may at any time be 
prescribed to him by the Mayor and Aldermen. 

Sect. 4. The Mayor and Aldermen may, at any time, 
by vote, remove from ofiice the said City Marshal and his 
assistants, or any or either of them ; and thereupon, or in 
case of the death or resignation of any or eithei^ of them, 
proceed to appoint a successor or successors for the residue 
of theyear. 

Sect. 5. Tlie city Marshal shall receive such compen- 
sation for his services as the City Council shall annually 
direct. 

Sect. 6. The City Marshal shall be one of the Con- 
stables of the City. 

[Passed May 18, 1846.] 



44 CITY ORDINANCES. 



[No. 6.] 

AN ORDINANCE 

Establishing the office of City Messenger. 

Be it ordaified by the City Council of the City of Rox- 
bury, as folloivs : 

Sect. 1, There shall be forthwith, and hereafter in the 
month of April annually, be elected by the Board of Alder- 
men, and sent down for its concurrence or rejection, to the 
Common Coimcil, a suitable person to be styled City Mes- 
senger, who shall receive, deliver and execute, all notifica- 
tions, simimonses and precepts issued by the Mayor, the 
President of the Common Council, by the City Council, or 
either branch thereof, or by any Committee of the same, 
and make due return thereof. He shall prepare and ar- 
range the rooms in which the City Council shall hold their 
sessions, and on either when in session separately, and un- 
der the direction of the Mayor or City Clerk, shall provide 
fuel, lights, and other things necessary for the accommoda- 
tion of both branches of the City Council or any commit- 
tee thereof. He shall receive and deliver all notifications 
to officers elected by the City Council, or by the Mayor 
and Aldemen, and he shall deliver all notifications to 
Committees upon the request of the City Clerk, Clerk of 
the Common Council, or Chairman of any Committee. He 
shall have the superintendence of the City Hall, and the 
adjoining rooms, and see that they are kept in good condi- 
tion. He shall also prepare the rooms selected for Ward 
meetings, and have the same put in good order after said 
meetings are adjourned, and he shall at all times be sub- 
ject to such further orders and regulations as the City 
Council may make. He shall receive for his services such 
compensation as the City Council shall annually, or from 
time to time, allow. 

[Passed May 18, 1846.] 



CITY ORDINANCES. 46 

[No. 6.] 

AN ORDINANCE 

Establishing a system of accountability in the expenditures 
of the City. 

Be it ordained by the City Council of the City of Rox- 

bury, as folloios : 

Sect. 1. There shall be annually appointed by the City 
Council, a Joint Standing Committee of Accounts, whose 
duty it shall be to meet once in a month, and as much oft- 
ener as they shall deem expedient. It shall be their duty 
carefully to examine all accounts, claims and demands 
against the City, and certify the same to be correct, when 
found to be so. 

Sect. 2. All accounts and other claims against the city, 
for labor done, services jjerformed, or materials of any 
kind furnished for the use of the city, under the charge, di- 
rection or superintendence of the Mayor and Aldermen, 
Overseers of the Poor, School Committee, Fire Depart- 
ment, or any other officer or officers of the city, or by or- 
der of the City Council, or either branch thereof, shall, 
when presented to said Committee be accompanied with a 
certificate of the Mayor, the President of the Common 
Council, or the proper certifying officer of each department, 
as the case may be, certifying the same to be correct ; oth- 
erwise the same shall shall not be received, or acted upon 
by said Committee. 

Sect. 3. Said Committee shall keep a book, wherein 
they shall enter the date and amount of each and every 
claim they shall allow, the name of the person to whom the 
same shall be allowed, and designating the fund or appro- 
priation from which the same shall be paid ; and they 
shall, on or before the first Monday in March annually, and 
whenever requested by the City Council, or either branch 
thereof, report to the city the whole amount of accounts, 
claims and demands allowed. 

Sect. 4. No money shall be paid out of the City Treas- 
ury, except on orders drawn and signed by the Mayor, 
designating the fund or appropriation from which said 



46 CITY ORDINANCES. 

orders are to be paid. And the Mayor is hereby author- 
ized to draw orders on the Treasurer for the payment of 
all accounts, claims and demands allowed by the Committee 
of Accounts ; and he shall not draw on the Treasury for 
the payment of any account, claim or demand, unless the 
same shall have been allowed by the Committee^of Ac- 
counts, nor shall he draw any order for services rendered 
or materials furnished for any department beyond the sum 
appropriated by the City Council for the expenses of that 
department. 

Provided, however, that in any case where it is neces- 
sary for money to be paid in advance, on contracts made 
for work began, but not completed, the Mayor, upon being 
satisfied of such necessity, may draw an order on the City 
Treasurer for the amount thus necessary to be advanced ; 
provided, that every such order shall be countersigned by 
the City Clerk, who shall enter the same in the schedule 
of accounts, which he is required to present to the Com- 
mittee on Accounts. 

Sect. 5. It shall be the duty of the Treasurer and Col- 
lector, to collect and receive all rents, which may be due to 
the city, and all accounts and other demands against per- 
sons indebted to the city, and under the direction of the 
Joint Standing Committee on Public Property, to seal and 
execute all necessary leases of city land or buildings. 

Sect. 6. It shall be the duty of the several departments 
and officers of the city, to cause to be delivered to the 
City Treasurer for collection, all accounts against persons 
indebted to the city ; and no department or officer of the 
city shall receive payment of any such account, and the re- 
ceipt of the City Treasurer shall be deemed the only suf- 
ficient and valid discharge of debts due to the city. Pro- 
vided, however, that the Superintendent of the Almshouse, 
under the direction of the Overseers of the Poor, may re- 
ceive payment for articles sold for cash, in any case in 
which the amount sold shall not exceed twenty dollars; 
and in every such case the money received shall, within 
one week from the time of payment, be paid to the City 
Treasurer, and his receipt therefor shall be forthwith de- 
livered to the City Clerk, to be laid before the Committee 
on Accounts. 



CITY ORDINANCES. 47 

Sect. 7, The City Treasurer shall proceed without de- 
lay to collect all accounts which may be delivered to him 
for collection; and he shall faithfully account for all monies 
received by him ; and in any case in which he is unable to 
obtain an immediate settlement of an account, he shall re- 
port the same to the Mayor and Aldermen, and follow such 
directions as they may deem it for the interest of the city 
to prescribe. The report of the City Treasurer, and the 
directions of the Mayor and Aldermen, in every such case, 
shall be made in writing, and attested copies of the same 
shall be furnished by the City Clerk to the Committee on 
Accounts. 

Sect. 8. It shall be the duty of the Committee on Ac- 
counts to audit the account of the City Treasurer, at the 
close of each municipal year, and as much oftener as they 
may deem expedient ; and for this purpose, they shall have 
access to all books and vouchers in his possession, or in 
the possession of the City Clerk, or any other officer of 
the city, and they shall in every case report to the City 
Council the result of their examination. 

Sect. 9. The City Treasurer and Collector shall give 
bonds with sufficient sureties, to the satisfaction of the 
Mayor and Aldermen, in the sum of forty thousand dollars, 
for the faithful performance of the duties of the said office 
of Treasurer and Collector, and that he will truly and 
justly account for all monies that may come into his 
hands. 

Sect. 10. It shall be the duty of the Treasurer to keep 
in a neat and methodical style and manner, a complete set 
of books, under the direction of the Committee on Ac- 
counts ; wherein shall be stated among other things, the 
appropriation for each distinct object of expenditure, to 
the end that wherever the appropriations for the specific 
objects have been expended, he shall immediately commu- 
nicate the same to the City Council, that they may be ap- 
prised of the fact ; and either make a further appropria- 
tion or withold further expenditure for such object or ob- 
jects, as they may deem expedient. 

[Passed May 18, 1846.] 



48 CITY ORDINANCES. 

[No. 7.] 

AN ORDINANCE 

To preserve the Public Health, by re,2:ulatmg the use of 
Chemical Laboratories, and the manufacturing of "White 
Lead and Red Lead. 

Be it ordained by the City Council of the City of Rox- 

bury, as follows : 

No person shall hereafter carry on the business, or ex- 
ercise the trade or employment of manufacturing acids, or 
other articles usually manufactured in Chemical Laborato- 
ries, or White Lead, or Red Lead, within the limits of the 
City of Roxbury, in any building which has been or may 
hereafter be erected, or in any place except in such place 
or places, and in such buildings now erected, as have here- 
tofore been and are now used for the same purpose, unless 
licensed so to do by the Mayor and Aldermen of said City ; 
and every such license shall specify the place where such 
business, trade or employment may be carried on or exer- 
cised, and any and every person, who shall carry on or ex- 
ercise the trade or employment of manufacturing acids, or 
other articles usually manufactured in Chemical Laborato- 
ries, or White Lead, or Red Lead, except as aforesaid, 
without license as aforesaid, shall be guilty of maintaining 
a public and common nuisance ; and the Mayor and Alder- 
men of said City of Roxbury may abate the same 
[Passed May 21, 1846.] 



[\o. 8.] 

AN ORDIN^ANCE 



Establishing a system for collecting the taxes of the City 
of Roxbury. 

Be it ordained by the City Council of the City of Rox- 
bury, as folloivs : 
Sect 1. It shall be the duty of the Collector of Taxes, 

as soon as the polls are ascertained, to collect or secure 



CITY ORDINANCES. 49 

the tax of all such persons as are assessed a poll tax 
only. 

Sect. 2. All persons who shall pay their taxes on or 
before the last clay of September, shall be entitled to a 
discount of four per cent. ; after which time no discount 
will be allowed; and on the first day of November, the 
Collector is directed to issue his summons to those who 
are then delinquent, that if their taxes are not paid within 
ten days from the date of said summons, with twenty cents 
for said summons, the Collector will then proceed to col- 
lect the same according to law; and the Collector shall 
give notice by attaching to all tax bills the above section 
of this Ordinance. 

Sect. 3. For the convenience of the citizens of Wards 
Six, Seven and Eight, it shall be the duty of the Collector, 
during the month of September, to sit at some convenient 
place one day, in either Wards Six or Seven, and one day 
in Ward Eight, for the reception of taxes ; and such days 
and places shall be designated on the tax bills when 
issued. 

Sect. 4. The Collector shall be provided by the City 
Council with an office in some suitable and convenient 
place, Avhich office shall bo kept open every day (Sundays 
excepted) for the reception of taxes at such hours of the 
day as he may determine, excepting during the month of 
September, when his office shall be open from eight o'clock, 
A. M., to one o'clock, P. M., and from two o'clock, P. M., to 
five o'clock, |I^M., each day, with the exception of two 
days in said month specified for receiving taxes in Wards 
Six, Seven and Eight. 

[Passed June 8, 1846.] 



[No. 9.] 

AN ORDINANCE 



Establishing the office of Commissioner or Commissioners 
of Highways, and defining the duties thereof. 

[Repealed.] 

7 



50 CITY OBDINANCBS. 

[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. 

Be it ordained by the City Council of the City of Rox- 
bury, as follows : 

Sect. 1. The Mayor and Aldermen be, and they hereby 
are authorized and directed, to appoint twelve sober, dis- 
creet, and able bodied men, of good moral character, to be 
Watchmen in the easterly section of the City of Roxbury, 
from such hour in the evening, until such hour in the morn- 
ing, as the said Mayor and Aldermen shall appoint. And 
also a suitable person to be the officer of the watch, who 
shall also be a discreet, sober, and able bodied man of 
good moral character. And the said officer and watchmen 
shall continue in office until removed by the said Mayor 
and Aldermen, or death or resignation ; and they shall re- 
ceive such compensation for their services respectively, as 
the said Mayor and Aldermen shall establish ; and shall 
be paid out of the treasury of the City of Roxbury, on or- 
ders drawn by the Mayor : and shall be removable at the 
pleasure of the said Mayor and Aldermen ; and in case of 
a vacancy or vacancies, by death, resignation, removal or 
otherwise, a successor or successors shall be forthwith ap- 
pointed by said Mayor and Aldermen, to fill such vacancy 
or vacancies. 

Sect. 2. The officer of the watch, and the watchmen 
appointed by virtue of this ordinance, shall have the same 



CITY ORDINANCES. 61 

powers, and shall be held and obliged to perform the same 
duties, as are required of such officers and watchmen by 
the seventeenth chapter of the Revised Statutes of the 
Commonwealth of Massachusetts. 

Sect. 3, Every watchman shall be equipped in such 
mamier as the Mayor and Aldermen shall determine. 

[Passed July 27, 1846.] 



[No. 12.] 

AN ORDINANCE 



In relation to Burial Grounds and the Interment of the 

Dead. 

Be it ordained by the City Council of the City of Rox- 
bury, as follows : 

Sect. 1. The Mayor, by and with the advice of the 
Board of Aldermen, may grant permits for building tombs, 
and laying out lots in the burial grounds belonging to the 
city, and give titles therefor, on such terms and conditions 
as deemed by them expedient. 

Sect. 2. The Mayor and Aldermen shall immediately 
appoint two or more persons to act as Undertakers, who 
may hold the office until removed. And in case of a va- 
cancy, caused by removal or otherwise, it shall be the duty 
of the Mayor and Aldermen, to supply said vacancy by a 
new appointment. 

Sect. 3. It shall be the duty of the Undertakers, under 
the direction of the Mayor and Aldermen, to take the care 
and superintend such burial grounds as shall be assigned to 
them in their appointment ; to detect and prosecute tres- 
passers, and generally to exercise all the power and 
authority vested in the City Council in relation to burial 
grounds. It shall also be their duty, as soon as informed 
of the decease of any person within the limits of the city, 
to be interred in their district, to take the personal charge 
and OYersight of all necessary arrangements for the remo- 



52 CITY ORDINANCES. 

ral and burial of the body of the deceased, and for the 
funeral procession ; subject to such general or particular 
directions as they may, at any time receive from the May- 
or and Aldermen. It shall also be their duty, within one 
day after the burial or removal from the city, of the body 
of any deceased person, to deliver to the City Clerk a cer- 
tificate, stating- the date of the death, the name and sur- 
name of the deceased, the sex, condition, (whether single 
or married,) age, occupation, place of death, place of birth, 
names of the parents, and disease or cause of death. 

Sect. 4. In case of absence, sickness, or temporary 
disability of any of the Undertakers, his duties shall be 
performed by such other person as the Mayor may appoint. 

Sect. 5. A funeral car shall be provided by the 
city, and placed under the charge of each undertaker, 
to be kept clean by them, and in such place, and under 
such regulations as the Mayor and Aldermen may prescribe. 
The horse to transport said car or hearse shall be furnish- 
ed by and at the expense of the Undertaker. 

Sect. G. As a compensation for services to be perform- 
ed by the Undertaker and such assistants as he may em- 
ploy in digging out, filling the grave, attendance at the 
house, and going from the house to the grave or tomb, and 
for the use of the horse he may employ, he shall receive a 
sum not exceeding five dollars for the burial of each per- 
son twelve years old and upwards ; and a sum not exceed- 
ing three dollars for every child less than twelve years 
old — to be paid by the person employing him. 

Sect, 7. Whenever any person shall decease within the 
limits of the city, it shall be the duty of the nearest rela- 
tive, or of the person in whose house the person may have 
died, or any other person who may have first become in- 
formed of the event, to cause the same to be made known 
to the Undertaker as soon as practicable. 

Sect. 8. Xo person, except an Undertaker or one ap- 
pointed by authority in his place, shall bury or remove the 
body of any deceased person, or midertake the manage- 
ment of any funeral : Provided, that this prohibition shall 
not apply to the burial of inmates of the Almshouse, which 
shall be under the control of the keeper thereof, who shall 
make the returns to the City Clerk as required by Sec- 
tion 3, 



CITY ORDINANCES. 53 

Sect. 9. All funerals shall take place between sunrise 
and sunset, unless otherwise permitted or directed by the 
Mayor. And the top of every coffin deposited in the 
ground shall be at least three feet below the usual surface 
thereof. 

Sect. 10. Any person who shall be guilty of a viola- 
tion of any of the provisions of this Ordinance, or any of 
the regulations which may be prescribed by the Mayor and 
Aldermen in conformity thereto, shall forfeit and pay a 
sum of not less than two or more than twenty dollars. 

Sect. 11. This Ordinance shall take effect and go into 
operation from and after its passage. 

[Passed Aug. 6, 1846.] 



[No. 13.J ~ 

AN OEDINANCE. 



To prevent unlawful and injurious practices in the streets 
and other public places of the City. 

Be it ordahied by the City Council of the City of Rox- 
bury, as follows : 

Sect. 1. No person, except the Surveyors of High- 
ways in the lawful performance of their duties, and those 
acting under their orders, shall break or dig up the ground, 
or stones in any street, lane, or alley, or on any sidewalk 
or common, in the city, or erect any staging for building, 
or place or deposite any stones, bricks, timber, or other 
building materials thereon, without first obtaining a writ- 
ten license from the Mayor and Aldermen, or some per- 
son authorized by them to grant such license, and comply- 
ing in all respects with the condition of such license. 

Sect. 2. The Mayor and Aldermen may grant a license 
in writing, to any person, for the purpose of building, or 
other lawful purposes ; to dig up, obstruct, or encumber so 
much and such parts of any street, lane, alley, sidewalk, or 
other public place in the city, and on such terms and con- 
ditions, as they shall deem to be safe and proper. 



54 CITY ORDINANCES. 

Sect. 3. "Whenever any street, lane, alley, sidewalk, or 
otlier public plaoe in the city, shall, under any license 
granted as provided in the preceding section, be dug up, 
obstructed, encumbered, or otherwise rendered thereby 
unsafe or inconvenient for travellers, the person so licensed, 
shall put, and at all times keep up a suitable railing or 
fence round the section or parts of any street, lane, alley, 
or other public place, so dug up, obstructed, or encumber- 
ed, so long as the same shall be or remain unsafe or incon- 
venient as aforesaid; and shall also keep one or more 
lighted lanterns fixed to such fence, or in some other prop- 
er manner, every night, from twilight in the evening, and 
through the whole night, so long as such railings or fence 
shall be kept standing. He shall also, within such reason- 
able time as the Mayor and Aldermen shall direct, amend 
and repair such street, lane, alley, sidewalk, or public 
place, to the acceptance of said Board. 

Sect. 4. No person shall make, erect or maintain any 
door step, portico, porch, entrance or passage-way to any 
cellar or basement, or any otlier structure, in or upon any 
street, alley, lane or sidewalk in the city, without permis- 
sion in writing from the Mayor and Aldermen. No person 
shall suffer the platform or grate of the entrance or pas- 
sage-way to his cellar or basement, heretofore constructed, 
or which may hereafter be constructed, in any street, lane, 
alley, or sidewalk, to rise above the even surface of such 
street, lane, alley, or sidewalk ; and every such entrance or 
passage-way shall be at all times kept covered by a suitable 
and substantial platform or grate ; or in case it shall be 
kept open, it shall be guarded and protected by a sufficient 
raidng, on both sides thereof, at least two feet and a half 
high, and well lighted at night. No person shall permit 
or suffer his well, cistern, or drain, in any street, lane, alley, 
or sidewalk, in the city, to be or remain open or uncover- 
ed, unless the same shall be enclosed by a strong and safe 
curb, guard, or fence. 

Sect. 5. If any person shall dig or sink, or cause to 
be dug or sunk, any well, cellar, cistern, drain, or other 
cavity in the ground, near to or adjoining any street, 
lane, or alley in the city, he shall put up, and at all times 
keep up, so long as it shall be necessary for the purpose, a 



CITY ORDINANCES. 55 

railing or fence, on or near the line of siicli street, lane, or 
alley, sufficient to guard and protect travellers and pas- 
sengers from falling into, or being injured thereby. 

Sect. 6. No person shall continue any cart, carriage or 
vehicle of any description, with or without a horse, horses, 
or other animal or animals attached thereto, in any street 
or way, so as to obstruct the same, after having been re- 
quested by any person having occasion to use such street 
or way, or after having been ordered by the Mayor, or by 
any other person by him authorized, or by the City Mar- 
shal, to remove such obstruction. 

Sect. 7. No person shall wheel, drive, draw, or pass 
with any hand-cart, wheel barrow, hand-sled, or any other 
carriage of burthen or pleasure, or permit any horse, ox, 
or other beast, under his care, to go upon any sidewalk 
in the city, or otherwise, occupy, obstruct, or encumber 
the same, by any trunk, bale, barrel, box, crate, cask, or 
any package, article, or thing, whatsoever, or in any way 
obstruct any street, lane, alle}^, or sidewalk, so as to in- 
terfere with the convenient use of the same by all pas- 
sengers. No person shall stop his team or carriage, or 
unnecessarily place any obstruction on any flagging stones 
laid, or tliat shall hereafter be laid in or across any 
street, lane, or alley, in the city ; and in streets where 
there are no raised sidewalks five feet in width, next 
adjoining the lands of the abbuttors on each side of 
such street, shall be deemed and taken to be the side- 
walks of the same, within the meaning of this Ordi- 
nance. 

Sect. 8. No person shall ride any horse, or drive any 
horse or horses attached to a carriage of any description, 
either of burthen or pleasure, or cause the same to be 
rode or driven in any street, lane, or alley, or over any 
bridge, in the city, at an immoderate gate, so as to endan- 
ger or expose to injury any person standing, walking, or 
riding in or on the same. And every person, having any 
truck, cart, wagon, or other team of burden under his 
care, shall when driving or passing in or upon any street, 
lane, alley, or bridge in the city, hold the reins of his 
horse or horses in his hand, or be in such position, and so 
near the team he is driving, as to be able at all times, to 
guide, restrain, and govern the same. 



56 CITY ORDINANCES. 

Sect. 9. No person shall put or place, or cause to 
be put or placed, carry or cart, or cause to be carried 
or carted, iu or upon any street, lane, alley, or other 
public place in the city, any house dirt, ashes, soot, gar- 
bage, carrion, shreds, shavings, filth, suds, oyster, clam, 
or lobster shells, dung, offal, stones, brick, masons' or 
brick-layers' rubbish, or any other kind of rubbish, ex- 
cept in su:h place and in such manner, as the Mayor 
and Aldermen shall prescribe. 

Sect. 10. No person shall suffer his firewood, coal, 
or other fuel, in any quantity, to remain unnecessarily 
on any sidewalk, or in any street, lane or alley, in the 
city, over night, or after twilight, in the evening. If the 
same must of necessity remain after twilight, or through 
the night. -the owner thereof shall place and keep a suf- 
ficient light over or near the same, through the night, in 
order to give notice thereof to travellers and passengers, 
and thereby prevent injury to them. 

Sect. 11. No person shall saw any firewood, or pile 
the same upon the foot or sidewalks, of any of the 
streets or lanes of the city, and no person shall stand on 
any such foot or sidewalk with his wood-saw or horse, to 
the hindrance or obstruction of any foot passenger. 

Sect. 12. No person shall move, or assist in moving, 
any house, shop, or other building, through any street, 
lane, or alley, or over any bridge, in the city, imless a 
written license shall have been obtained to remove the 
same, as provided in the second section of this Ordinance. 

Sect. 13. Any person who shall throw or put, or 
cause to be thrown or put, any snow or ice into any street, 
lane, or alley, in the city, shall cause the same to be bro- 
ken up and spread evenly over the surface of such street, 
lane or alley. ^^ 

Sect. 14. No person shall swim or bathe in any of 
the waters within or surrounding the city, so as to be ex- 
posed to the view of the passengers or other persons 
passing or being in any street, lane, alley, or house, or up- 
on any railroad within the city. 

Sect. 15. No person shall expose, in or upon any street, 
lane, alley, public place, common, or sidewalk, in the city, 
any table, or devise of any kind, by or upon which any 



CITY ORDINANCES. 57 

game of hazard or chance can be played ; nor shall any 
person play any such game, at such table or device, in or 
upon any street, lane, alley, public place, common, or 
sidewalk in the city. No person shall place or keep 
any table, stall, booth, or other erection, in any street, 
lane, alley, or public place, or on any sidewalk in the 
city, for the sale of fruit or other thing, without permis- 
sion from the Mayor and Aldermen. 

Sect. 16. No person shall, except in the performance 
of some duty required by law, discliarge any gun, pistol, 
or other fire-arm, loaded with balls or shot, or with pow- 
der only, within the city, or in or upon any street, lane, 
alley, public place, or wharf, or within fifty rods thereof, 
or within fifty rods of any building in the city, in any 
yard, garden or field therein. 

Sect. 17. No person shall fire any squib, cracker, ser- 
pent, or other preparatipn, whereof gunpowder is an in- 
gredient, or which consists wholly of the same, or make 
any bonfire in or upon any street, lane, or public place, or 
wharf within the city. 

Sect. 18. No person shall behave himself in a rude 
or disorderly manner, or use any indecent, profane, or in- 
sulting language, in any street, lane, alley, or other public 
place in the cit}^, or near any dwelling house or other 
building therein ; or coast or course upon any sled or sleds, 
in any street, lane, alley, or other public place, in the city, 
or be or remain upon any sidewalk, or upon any door step, 
portico, or other projection from any such house or other 
building, to the annoyance or disturbance of any person. 
No person shall make any indecent figures nor write any 
indecent or obscene words upon any fence, building, or other 
public place within the city. No person shall by any noise, 
gestures or other means, wantonly and designedly frighten 
or drive any horse, in any street or other public placu in the 
city. No person shall use or shoot with bows and arrows, 
or play at any unlawful game, or at ball, with marbles, dice, 
cards, paw-paws, coppers, cents or other coin, or fly any 
kite or baloon, or throw any stones, clubs, snow balls, or 
other missile, ia any street, lane, alley, or other public 
place within the city. 



68 CITY ORDINANCES. 

Sect. 19. No person shall suffer any spont to lead or 
cast water upon any sidewalk over the heads of passengers. 

No person shall suffer a cellar door, or passage from the 
sidewalk into any cellar, to be kept open when not in im- 
mediate use, after the beginning of twilight, except a good 
and sufficient light be constantlj^ kept at the entrance of 
such passage. 

Sect. 20. No person shall injure, deface or destroy any 
guide post or guide board, any lamppost, or lamp or lantern 
thereon, heretofore erected, or which shall be erected in the 
city; or any tree, building, fence, post, or other thing, set, 
erected, or made, for the use or ornament of the city. 

Sect. 21. No person shall erect any post or posts in any 
street or public place in the city, except by ])ermission of 
the Mayor and Aldermen ; and no person shall cut down, 
dig up, deface or destroy any post or posts which are or 
may be erected by permission as aforesaid, except license be 
first obtained from the owner thereof, or from the Mayor 
and Aldermen ; and the Mayor and Aldermen are hereby 
expressly authorized to remove any post or posts standing 
in any street or public place. 

Sect. 22. No person shall place or keep in front of any 
building, any awnmg or shade less than seven feet and a 
half in height at the lovi^est part thereof; nor shall such 
awning or shade extend beyond the line of the sidewalk. 

Sect. 23. No horse shall be turned out loose, or suffered 
to go at large, or to go to water in the city, without a suit- 
able person to lead or drive him. 

No person shall permit any horse, swine, goat, cow, or 
other neat cattle, belonging to him, or under his control, to 
graze in any street, lane, or alley, or on any common in the 
city, nor to go at large therein. 

Sect. 24. No person shall erect or cause to be erected, 
any fence, or building, adjoining any street, or public 
ground, without first having ascertained the bounds of the 
same, by application to the Mayor and Aldermen for that 
purpose. 

Sect. 25, No person shall blast any rock or other sub- 
stance, with gimpowder, at any place within fifty rods of 
any public place or highway in the city, without license of 
the Mayor and Aldermen, in writing, specifying the terms 
and conditions on which said license is granted : Provided^ 
however, that the remedy of any person injured by the 
blasting of rocks shall not be affected by this section, nor 



CITY ORDINANCES. 59 

shall it be considered as applying to the surveyors of high- 
ways in the discharge of their official duties. 

Sect. 26. No person shall take hold of or ride upon the 
back of any chaise, sleigh, coach, or other carriage, used 
for the transportation of persons, while the same is passing 
any street or highway of said city, without the permission 
o[ tlie owner or driver of the same. 

Sect. 27. Any person who shall offend, against any of 
the provisions of this Ordinance, shall forfeit and pay for 
each and every offence a sum not less than one dollar, nor 
more than twenty dollars. 

Sect. 28. No person shall be prosecuted or tried for any 
breach of the provisions of this Ordinance, unless the com- 
plamt for the same shall be instituted and commenced with- 
in six months from the time of committing such breach. 

Sect. 29. This Ordinance shall take elfect and go into 
operation from and after the expiration of ten days after 
its passage. 

[Passed Aug. 6, 1846.] 



[No. 14.] 

AN ORDINANCE 



Prescribing Rules and Regulations relative to nuisance's, 
sources of filth, and causes of sickness within the City of 
Roxbury. 

Be it ordahied by the City Council of the City of Roxbury^ 
as foUoivs : 

Sect. 1. That the department of internal and external 
Police, so far as it regards the preservation of the health of 
the city, be placed under the superintendence of the City 
Marshal ; whose duty it shall be, and he shall have power, 
to carry into execution all the ordinances, rules and laws 
made by the City Council, relative to causes of sickness, 
nuisances, and sources of filth, that may be injurious to the 
health, or may affect the comfort of the inhabuants of the 
city, which do or may exist within the limits thereof; sub- 
ject always to the direction, authority and control of the 



60 CITYORDINANCES. 

Mayor and Aldermen ; and it shall be the duty of the City 
Marshal to cause all such nuisances, sources of fihh, and 
causes of sickness, to be prevented, removed or destroyed, 
as the case may require, conformably to the ordmances of 
the City Council as aforesaid, and the laws of the Com- 
monwealth: and to this department shall belong the care of 
the streets, the care of the common sewers, and the care of 
the vaults, and whatever else affects the health, security, 
and comfort of the city, from causes or means arising or ex- 
isting within the limits thereof 

Sect. 2. In the month of May or June annually, there 
shall be appointed, by concurrent vote of the Cily Council, 
one or more consulting physicians, whose duty it shall be, 
in case of an alarm of any contagious, infectious, or other 
dangerous disease occurring in the city or neighborhood, to 
give to the Mayor, or either Board of the City Council, all 
such yjrofessional advice and information as they may re- 
quest, with a view to the prevention of the said diseases, 
and, at all convenient times, to aid and assist them with 
their council and advice in all matters that relate to the 
preservation of the health of the inhabitants. 

Sect. 3. Whenever any person, coming from abroad, or 
residing in this city, shall be infected, or shall lately before 
have been infected with any contagious, infectious, or other 
disease dangerous to the public health, the Mayor and Al- 
dermen shall have all the powers in relation thereto with 
which Boards of Health or Selectmen of towns are invest- 
ed, in such cases, by the laws of this Conmionwealth ; to 
be carried into execution in such manner as ihey shall deem 
expedient. 

Sect. 4. Each and every tenement within the City of 
Roxbury, that is, or may hereafter be used as a dwelling 
house, shall whenever required by the Mayor and Alder- 
men, be provided with a sufficient drain under ground to 
carry off the waste water: and also with a suitable privy^ 
and of a sufficient capacity in proportion to the number of 
inhabitants of such tenement, which vault and drain shall 
be in common and subject to the use of all said inhabitants. 

Sect. 5. For any offence against the provisions of the 
foregoing section, the owner or owners of each and every 
tenement so used, as aforesaid, shall forfeit and pay a sum 
not less than five dollars nor more than twenty dollars, for 
each and every week during which said tenement or any 
part thereof shall be used as a dwelling house. 



CITY ORDINANCES. 61 

Sect. 6. If the Mayor and Aldermen shall at any time 
be satisfied that any tenement, used as a dwelling house, 
is not provided with a suitable privy and vault and drain, 
or either of them as aforesaid, and in their opinion it shall 
be necessary for the pubUc health, they may give notice in 
writing to the owner thereof, or his agent, if either be an 
inliabiiant of the city, or if otherwise, public notice in a 
newspaper printed in Roxbury, if any newspaper be printed 
therein, if not, in two newspapers printed ni Boston, re- 
quiring such owner or agent, within such time as they shall 
appoint, to cause a proper and sufficient privy and vault 
and drain to be constructed for such tenement, to be com- 
mon and subject to the use of all the inhabitants thereof; and 
in case of neglect or refusal to obey such notice, the Mayor 
and Aldermen shall have power to cause such privy and 
vault and drain to be made for such tenement, the expense 
of which shall be paid by such owner or agent. 

Sect. 7 Whenever it shall appear to the Mayor and Al- 
dermen, that any cellars, lots, or vacant grounds are in a 
state of nuisance, or so situated that they may become a 
nuisance, and the health of the inhabitants be endangered, 
it shall be their duty and they are authorized to cause a no- 
tice in writing to be served upon the owners or occupants 
thereof, and if there should be no occupants, and the own- 
ers should not reside in the city, then to give public notice 
by advertising in one of the newspapers printed in this city, 
and if no newspaper shall be printed in this city, then in 
two newspapers printed in the City of Boston, directing 
said owners or occupmts to have said nuisance or cause of 
nuisance removed, by draining, filling np, or otherwise, in 
the manner as maybe prescribed in such notice; and in 
case of neglect, or refusal to obey said notice, the Mayor 
and Aldermen shall have power to remove the same, by 
filling up, draining, or otherwise, as they shall deem expe- 
dient; and said owners or occupants shall defray and pay 
the expense thereof. 

Sect. 8. No person or persons, unless by leave of the 
Mayor and Aldermen, shall throw or deposit, or cause to be 
thrown or deposited in any street, court, square, lane, alley, 
public square, or vacant lot, or into any pond, creek, or riv- 
er, any dirt, saw-dust, soot, ashes, cinders, shavings, hair, 
s'l reds, manure, oyster, lobster, or clam shells, waste water, 
rubbish, or filtli, of any kind, or any animal or vegetable 
matter or substance whatever. Nor shall any person or per- 



62 CITYORDINANCES. 

sons tlirow or cast any dead animal, or any fonl or offensive 
ballast, into any dock, or any other of the waters within 
or adjoining the city. Nor shall any person land any foul 
or offensive animal or vegetable substance wiihin the c-i;y. 

Sect. 9. If any of the substances, in the preceding sec- 
tion mentioned, shall be thrown or carried from any house, 
warehouse, shop, cellar, yard, or other place, into any street, 
lane, alley, court, square, public place, or vacant lot, as 
well the owner of such house, or other place, whence the 
same shall have been thrown or carried, as the occupant 
thereof, and the person who actually threw and carried the 
same, shall severally be held liable for such violation of this 
ordinance; and all such substances shall be removed from 
the street, lane, alley, court, square, public place or vacant 
lot, by and at the expense of the owner or occupant of the 
house, or other place whence the same were thrown or car- 
ried, within two hours after pprsonal notice in writing to 
that effect, given by the Mayor and Aldermen or City Mar- 
shal. 

Sect. 10. All dirt, sawdust, soot, ashes, cinders, shav- 
ings, hair, shreds, manure, oyster, lobster, or clam sliells, 
waste water, or any animal or vegetable substance, rubbish, 
or filth of any kind, in any house, warehouse, cellar, yard, 
or other place, which the Mayor and Aldermen, or City 
Marshal, shall deem it necessary for the health of the city, 
to be removed, shall be carried away therefrom by and at 
the expense of the owner or occupant of such house or oth- 
er place, where the same shall be found, and be removed to 
such place as he shall be directed, within four hours after 
notice in writing to that effect, given by the Mayor and Al- 
dermen, or the City Marshal. 

Sect. 11. No person shall sell, or offer for sale, or have 
in his possession, m any of the public or private markets, 
or in any other place, any unwholsome, stale, or putrid 
meat, fish, or fruit, or other articles of provisions; or any 
meat which has been blown, raised or stuffed, or any dis- 
eased or measly pork. 

StiCT. 12. The Mayor and Aldermen are authorized to 
prohibit the keeping of swine or goats in any part or parts 
of the city where they shall deem that the keeping of such 
animals would be detrimental to the health or comfort of 
the citizens in the neighborhood thereof, residing or passing 
— and shall have power to remove, or cause to be removed 
any swine or goat from any place where the keeping of 
such animals are prohibited to be kept. 



CITYORDINANCES. 63 

Any and every person who shall keep any swine or goat 
in any p'ace in the city in which such animals are proliibi- 
ted to be kept, or from whence he is required to remove the 
same, six hours after having received notice froiri the May- 
or and Aldermen in writing, to remove the same, or that 
such annnals are prohibited to be kept in such place, shall 
forfeit and pay the sum of three dollars, for each and every 
swine or goat S3 kept, for each and every day daring which 
he shall so keep the same, or any of them. 

Sect. 13. Whenever any person shall have been duly 
notified to remove any nuisance, or to cleanse, alter or 
amend any vaidt, or drain, or to perform any other act or 
thing, which it may be his duty to perform, in obedience to 
the laws of the Commonwealih, or the rules, orders, regu- 
lations, by-laws or ordinances for the preservation of the 
health of the city, which are now, or which hereafter shall 
be made, by lawful authority, and the time limited to the 
performance of such duty shall have elapsed, without a 
compliance with such notice, the City Marshal shall issue 
new notices from time to time to such delinquents, until the 
the duty shall be executed, and the nuisance remedied or 
removed. And the Mayor shall cause all persons who shall 
violate or disobey the said health laws and regulations, to 
be forthwith prosecuted and punished. And in case, in the 
opinion of the Mayor and Aldermen, it shall be for the 
heaUh or comfort of the inhabitants that any particular 
nuisance should be forthwith removed, and without delay, 
it shall be their duty to cause the same to be removed ac- 
cordingly, at the expense of the owner or owners of the 
land upon which the said nuisance exists. 

Sect. 14. The (Jity Marshal or any person authorized 
by the Mayor for that purpose, shall and may. at any time 
between sunrise and sunset, enter into any building, within 
the city, for the purpose of examining into, destroying, re- 
moving or preventing any nuisance, source of filth or cause 
of sickness therein ; or in any cellar belonging thereto. 
And if any person shall refuse to admit such oiiicer. or other 
person so authorized, into said building, the City Marshal 
shall, on oath, complain to any Justice of the Peace within 
said city, and shall apply for Ins warrant, according to the 
statute m such case made and provided, and shall thereup- 
on proceed, under the authority of said Court, to examine 
such building or other place, and to destroy, remove or pre- 
vent any nuisance, source of filth or cause of sickness, that 



64 CITY ORDINANCES. 

may be found there, in such manner as the Mayor and Al- 
dermen shall direct. And the said City Marshal, or any 
person authorized as aforesaid, shah, and may, at any 
lime between sunrise and sunset, enter into any yard or lot 
of ground, or into any out house and examine any ahey, 
sink, cess pool, privy, vauh, public or private dock or slip, 
or drain, or sewer, and shall report to the Mayor and Alder- 
men all such as tlie health or security of the city may re- 
quire to be cleansed, altered or amended. 

Skct. 15. Any |)er5on otfending against any of the pro- 
visions of this ordinance, to which a particular penalty is 
not annexed, shall forfeit and pay for each and every of- 
fence a sum not less than three nor more than twenty dol- 
lars. 

Sect. K). This ordinance shall take effect and go into 
operation from and after the tenth day of August current. 

[Passed August 6, 1846.] 



[No. 15.] 

AN ORDINANCE 



Directing the manner in which the Ordinances of the City 
Council shall be promulgated. 

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

All the ordinances of the City Council shall be published 
and promulgated by causing the same to be inserted three 
weeks successively in such newspaper printed in this city 
as shall annually be designated by the City Council, by 
concurrent vote; or, in case no newspaper shall be printed 
and published in this city, in such newspaper or newspa- 
pers published and printed in the City of Boston as the said 
City Council shall from time to time designate. 

[Passed August 6, 1846.] 



CITY ORDINANCES. 65 



[No. 16.] 

AN ORDINANCE 



Restraining the going at large of Dogs within the City of 

Roxbury. 

Be it ordained by the City Comicil of the City of Roxbiiry, 
as follows : 

Sect. I. From and after the tenth day of Angnst, one 
thousand eight hundred and forty-six, no dog shaU be per- 
mitted to go at large or loose, in any street, lane, alley, or 
court, nor any mi inclosed or public place in this city, until 
the owuer or keeper of such dog, or the head of the family, 
or the keeper of the house, where such dog is kept or har- 
bored, shall have paid to the City Treasurer one dollar, for 
a license for such dog to go at large, nor unless he shall also 
cause a collar to be constantly worn by such dog, having 
the name of the owner thereof with the word " Roxbnry " 
legibly written, stamped, or engraved thereon, and it sliall 
be the duly of said Treasurer, to grant a license to any 
citizen, for his or her dog to run at large, upon payment of 
such sum, which license shall particularly describe the dog 
licensed, and the Treasurer shall keep a record of the 
names of all persons to whom such licenses shall be by him 
granted. 

Sect. 2. The licenses which shall be issued as aforesaid, 
shall endure and be in force until the first day of August 
next, after the time of issuing the same, and no longer, but 
they may be at that time renewed, and thereafter annually, 
on payment to the City Treasurer, the like sum of one dol- 
lar, and complying with the other requirements in the first 
section of this ordinance. And in case any dog shall be 
found loose, or going at large, as aforesaid, contrary to the 
provisions of this ordinance, the owner or keeper thereof, or 
the head of the family, or keeper of the house where such 
dog is kept or harbored, shall forfeit and pay a sum not 
exceeding ten dollars. 

Sect. 3. On complaint made to the City Marshal, of any 
dog, within the city, which shall, by barknig, biting, howl- 
ing, or in any other way or manner, disturb the quiet of 
9 



66 CITYORDINANCES. 

any person or persons whomsoever, the City Marshal, on 
such complaint, shall issue notice thereof to the person keep- 
ing or permitliug such dog to be kept, or to the owner thereof, 
and in case such person or owner, for the space of three 
days after such notice, neglect to cause such dog to be re- 
moved, and kept beyond the limits of the city, or to be de- 
stroyed, he or she shall forfeit and pay a sum not exceeding 
fifty ceuts, for every day which shall elapse until such dog 
shall be removed or destroyed as aforesaid: Provided^ that 
the Justice before whom such complaint shall be heard and 
tried, shall be satified that such dog had, in manner aforesaid, 
disturbed the quiet of any person or persons in said city. 

Sect. 4. If any person, after being convicted, under the 
provisions of the third section of this ordinance, shall still 
neglect or refuse to destroy his or her dog, on being ordered 
so to do, or if any dog, of which no owner or keeper shall be 
discovered, or whose owner or keeper shall refuse or neglect 
to take out a license for such dog, shall be found going at 
large contrary to the provisions of this ordinance, it shall be 
the duty of the City Maishal to cause such dog or dogs to 
be destroyed. 

Sect. 5. Nothing contained in this ordinance shall ex- 
tend to any dog not owned or kept in this city, excepting, 
however, it shall be the duty of the City Marshal, at all 
times, hereafter, to cause every dog to be destroyed, where- 
soever owned, or kept, going at large within the city, not 
having a collar about his neck, with the name and place of 
residence of the owner or keeper of such dog, legibly mark- 
ed on the same, according to the provisions of tlie Revised 
Statutes of this Commonwealth, chapter fifty-eight. 

Sect. 6. This ordinance shall take effect and go into 
operation from and after the tenth day of August, one 
thousand eight hundred and forty-six. 

[Passed August 6, 1846.] 



CITY ORDINANCES. 67 



[No. 17.] 

AN ORDINANCE 

Requiring a separate Record to be kept of the Streets and 
Highways in the City. 

Be it ordained by the City Council of the City of Roxbwy, 
asfolloios : 

The City Clerk shall keep a book in which the names of 
all the streets and highways, which now are or may here- 
after be accepted, or laid out in the city, shall be alphabeti- 
cally arranged, with the date ol" such laying out or accept- 
ance, and the width thereof, and all alterations therein from 
time to time. 

[Passed September 14, 1846.] 



[No. 18.] 

AN ORDINANCE 

To establish the City Seal. 

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

That the following be the device of the City Seal, as 
snggested by B. E. Cotting, JM. D., to wit: On the right of 
the centre of the foreground, a young matron, seated, rest- 
ing her left arm upon a shield, on which are inscribed the 
Arms of the State ; holding in her extended right hand a 
Mural Crown, as in the act of presenting it : — on the cen- 
tre and left of the background, a view of the city: — in 
front of which on the middle gronnd a train of Railroad 
Cars passing towards the Metropolis ; above, on a scroll, the 
word ROXBURY ; beneath, CONDITA, A. D., 1630. In 



6S 



CITY ORDINANCES. 



the lower semi-circle of the border, CIVITATIS REGI- 
MINE DONATA, A. D. 1846; and in the upper, the 
motto, SAXETUM DEXTRIS DEOaUE CON FID ENS. 




[Passed October 26, 1846.J 



[No. 19.] 

AN ORDINANCE 



Relative to the enacting style of the City Ordinances. 

Be it ord%ined by the City Council of the City of Roxbury, 
as follows : 

Sect. 1. All by-laws passed by the City Council, shall 
be termed " Ordniances," and the enacting style shall be, 
^'Be it ordained by the City Council of the City of Roxbury, 
as follows : — " 

Sect. 2. The enacting clause of the following City Or- 
dinances, viz : 

An Ordinance establishing a system of accountability in 
the expenditures of the City — passed May 18, 1846. 

An Ordinance authorizing the appointment and establish- 
ing the duties of a City Marshal — passed May IS, 1846 : 



CITY ORDINANCES. 69 

An Ordinance concerning the form of Warrant, and the 
service and return thereof — passed May 18, 1S46: 

An Ordinance estabhshing the office of City Messenger 
— passed May 18, 1846: 

An Ordinance relating to the election of certain City Offi- 
cers — pasvsei May 18, 1846. 

An Ordinance establishing a system for collecting the 
Taxes of the City of Roxbury — passed June 8, 1846 : 

An Ordinance establishing the office of Commissioner or 
Conmiissioners of Highways, and defining the duties 
thereof — passed June 22, 1846 : 

An Ordmance regulating the Fire Department of the 
City of Roxbury — passed July 20, 1846 : 

An Ordinance establishing a Watch for preserving the 
safety and good order of the City of Roxbury — passed 
July 27, 1846 : 

An Ordinance restraining the going at large of Dogs 
within the City of Roxbury — passed August 6, 1846 : 

An Ordinance prescribiijg the manner of recording the 
the Ordinances of the City — passed May 18, 1846 : 

An Ordinance in relation to Burial Grounds and the in- 
terment of the dead — passed August 6, 1846 : 

An Ordinance prescribing rules and regulation relative to 
nuisances, sources of filth, and causes of sickness within the 
C.ty of Roxbury — passed August 6, 1846 : 

An Ordinance directing the manner in which the ordi- 
nances of the City Council shall be promulgated — passed 
August 6, 1846 : 

Shall be so amended that the same may conform to the 
provision of the first section of this ordinance, and the 
words "Be it further ordained that," wherever the same 
occurs in said ordinances, shall be stricken out. 

Sect. 3. This ordinance shall take efiect from and after 
its passage. 

[Passed May 24, 1847J 



70 CITY ORDINANCES. 



[No. 20.] 

AN ORDINANCE 

Providing for the execution of Deeds, Leases, and other 
legal instruments in behalf of the City. 

Be it ordained by the City Council of the City of Roxbnry, 
as follows : 

Sect. 1. The Mayor of the City is hereby authorized 
and empowered to affix the City Seal nnto, and to execute 
and deliver in behalf of the City, all deeds and leases of 
lands and builduigs sold or leased by the city, and all dis- 
charges, releases, assignments, agreements, or other legal in- 
struments, made and entered into by order of the City 
Council. 

Sect. 2. The fifth section of the ordinances establishing 
a system of accountability in the expenditures of the city, 
so far as the same relates to the execution of leases by the 
City Treasurer, is hereby repealed. 

Sect. 3. This ordinance shall take effect from and after 
its passage. 
' ■■' ■ ' [Passed May 24, 1847.] 



[No. 21.] 

AN ORDINANCE 



In addition to an Ordinance regulating the Fire Department 
of the City of Roxbury. 

[Repealed.] 



CITY ORDINANCES. 71 



[No. 22.] 

AN ORDINANCE 
Relating to the Expenditures for Schools. 

Be it ordained by the City Council of the City of Roxburyy 
as folloics : 

Sect. 1. The appropriations made by the City Council 
for the salaries of the I'eachers of the PubMc Schools, shall 
be expended under the dn-ection of the School Committee; 
and all bills and accounts for the same, and all bills and 
accounts for books, stationery, maps, and scientific appara- 
tus, furnished for the Schools by the School Committee 
when certified by the Chairman, or Secretary of said Com- 
mittee, shall bo audited by the Committee on Accounts and 
be paid from the City I'reasury. 

Sect. 2 Whenever any new School House, or the en- 
largement of any School House, shall be required, it shall 
be the duty of the Committee on Public Properly to confer 
with the School Committee as to tlie location and building 
or enlargement of such School House; and said Committee, 
when directed by the City Council, shall purchase land for 
that purpose, and by contract or otherwise, erect or enlarge 
such School House in such manner and after such plans as 
they may deem expedient. Provided, that the expense 
shall not exceed the appropriation therefor ; and said Com- 
mittee shall also provide rooms and furnish the same for the 
use of schools, whenever such rooms and furniture shall 
be necessary, provided that the expense thereof shall not ex- 
ceed the sum of Cue Hundred Dollars in any one instance. 

Sect. 3. The Committee on Public Property shall cause 
all necessary repairs to be made in and upon the several 
School Houses and the grotmds attached thereto^ belonging 
to the city, and provide all necessary articles for the com- 
fort and convenience of the Schools, (with the exception of 
fuel,) that may be deemed necessary, provided the School 
Committee may make any necessary repairs and provide all, 
articles that they may deem necessary for the comfort and 
convenience of the Schools, whenever such repairs or sup- 
plies shall not exceed the sum of Fifty Dollars in any one 
instance. 

Sect. 4. This Ordinance shall take effect from and after 
its passage. [Passed .Tuly 26, 1847. 



72 CITY ORDINANCES. 



[No. 23.] 

AN ORDINANCE 

In addition to " An Ordinance to prevent unlawful and in- 
jurious practices in the streets and other public places 
of the City." 

Be it ordained by the City Council of the City of Rox- 
bury, as follows : 

Sect. 1. No person shall make, erect, or maintain any 
gate, in or upon any street, lane, alley, or sidewalk in the 
city, in such a manner, as when opening the same, it shall 
swing over such street, lane, alley, or sidewalk. 

Sect. 2. Any person who shall offend against the pro- 
visions of this Ordinance, shall be liable to the forfeitures 
and may be prosecuted and tried in the manner prescribed 
in the Ordinance to which this is an addition. 
[Passed March 20, 1848.] 



[No. 24.] 

AN ORDINANCE 



Establishing the name of the Rural Cemetery. 

Be it ordained by the City Council of the City of Rox- 
bury, as follows : 

Sect. 1. The Rural Cemetery recently established by 
the City Council, shall be called and known by the name 
of " Forest Hills." 

Sect. 2. This Ordinance shall take effect from and aft- 
er its passage. 

[Passed July 3, 1848.] 



CITY ORDINANCES. *I3 



[No. 25.] 

AN ORDINANCE 



In relation to numbering Houses and other Buildings. 

Be it ordained by the City Council of the City of Rox- 
bury, as follows : 

The Mayor and Aldermen shall have power to cause 
numbers of regular series to be affixed to all dwelling 
houses and other buildings, fronting on any street, lane, 
alley or public court within the City of Eoxbury, at their 
discretion ; and shall also have power to determine the 
form, size, and material of such numbers, and the mode, 
place, succession and order of affixing them on the houses 
and other buildings. Provided it can be done without ex- 
pense to the City. 

[Passed Oct. 10, 1848.] 



[No. 26.] 

AN ORDINANCE 



In addition to " An Ordinance prescribing Rules and Reg- 
ulations relative to nuisances, sources of filth, and caus- 
es of sickness within the City of Roxbury." 

Be it ordained by the City Council of the City of Rox- 
bury, as follows : 

Sect. 1. No burial ground or cemetery shall hereafter 
be enlarged or established in the City of Roxbury, nor 
shall any dead body be buried in any place within said 
city, other than such as shall have been established or 
used as a cemetery before the passage of this ordinance, 
unless permission shall have been previously given by the 
City Council. 

10 



74 CITY ORDINANCES. 

Sect. 2. The top of each and every coffin deposited 
in the ground in any such burial place within said city, 
shall be ^t least three feet below the usual surface thereof. 

Sect. 3. Any person offending against any of the pro- 
visions of this Ordinance, shall forfeit for each and every 
offence a sum not-less than five nor more than twenty-dol- 
lars, and shall also be liable to prosecution for the penalty 
for such offences established by the twenty-first chapter of 
the Revised Statutes. 

Sect. 4. All Ordinances, or parts thereof, inconsistent 
with this Ordinance, are hereby repealed. 

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

[Passed Dec. 11, 1848.] 



[No. 27.] 

AN ORDINANCE 



In addition to "An Ordinance in relation to Burial Grounds 
and the Interment of the Dead." 

Be it ordained by the City Council of the City of Rox- 
bury, as follows : 

Sect. 1. Fees not exceeding the following, shall be 
collected and paid for the services of the Undertakers, in- 
stead of those established by the Ordinance, to which this 

. is in addition, viz : For digging a grave and covering the 
same, for a person over ten years of age, oiie dollar, and 
for a child not over ten years of age, sixty-three cents ; for 
opening and closing a tomb for the reception of a corpse, 

ffty cents ; for services at the funeral and transporting in 
a car the body of a person over ten years of age to the 
place of interment, four dollars, and of a child not over 
ten years of age, three dollars ; for removing a body from 
a grave to a grave or tomb, four dollars ; and from 
a tomb to a grave or tomb, two dollars and twenty -five 
cents ; for attending funerals of deceased persons brought 
from other places into this city for interment, if in a grave, 



CITY ORDINANCES. 75 

two dollars, but if in a tomb, one dollar ; for removing a 
deceased person from this city to any other city or town, 
or from any city or town to this city, for interment, three 
dollars. 

Sect. 2. So much of the " Ordinance in relation to 
Burial Grounds and the Interment of the Dead," passed 
August 6, 1846, to which this is in addition, as is inconsis- 
tent herewith, is hereby repealed. 

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

[Passed Jan. 8, 1849.] 



[No. 28.] 

AN ORDINANCE 



In addition to " An Ordinance to prevent unlawful and in- 
jurious practices in the streets and other public places 
in the City." 

Be it ordained by the City Council of the City of Rox- 
bury, as follows : 

Sect. 1. The Mayor and Aldermen shall establish such 
places, as they may deem necessary, as stands for the sale 
and measuring of wood and bark brought into the City in 
carts, wagons or sleds, from the country. 

Sect. 2. Any person bringing wood or bark into the 
city for sale, as aforesaid, who shall, before or after the 
same has been duly measured, stand for sale thereof, in 
any other street or place than those appointed by the May- 
or and Aldermen, shall forfeit and pay a sum not exceeding 
two dollars for each offence. 

Sect. 3. This Ordinance shall take effect and go into 
operation from and after the fifteenth day of January, 
eighteen hundred and forty-nine. 

[Passed Jan. 8, 1849.] 



76 CITT ORDINANCES 



[No. 29.] 

AN ORDINANCE 

Prescribing the form of Deeds to be executed for the con- 
veyance of Lots in Forest Hills Cemetery. 

TVheeeas, the Commissioners of the Forest Hills Ceme- 
tery, have prepared a form for the conveyance of lots in 
said Cemetery, hereinafter set forth, and have advised that 
the same be approved and adopted by the City Council, 
therefore 

Be it ordained by the City Council of the City of Rox- 
hury, as follows : 

Sect. 1. The form of the Deeds to be executed ftr 
the conveyance of lots in Forest Hills Cemetery, by the 
Commissioners of said Cemetery, shall be as follows, viz : 

Know all Men by these Presents, That the City of 
Roxbury, in the County of Norfolk, and Commonwealth of 

Massachusetts, in consideration of Dollars, paid to it 

by , the receipt whereof is hereby acknowledged, 

doth hereby grant, bargain, sell, and convey to the said 
, heirs and assigns. One Lot of Land in the Ru- 
ral Cemetery in said Roxbury, called the Forest Hills Cem- 
etery, situated on the way called --^, and the sole and 

exclusive right of burial of the dead therein : The said 

granted lot contains superficial square feet, and is 

numbered on the plan of said Cemetery, which is in 

the possession of the Board of Commissioners having the 
care, superintendence and management thereof, and may 
be inspected by the said grantee, his heirs and assigns, at 
all reasonable times. To have and to hold, the aforegrant- 

ed premises unto the said heirs and assigns for-' 

ever ; but subject to the restrictions, limitations and con- 
ditions, and with the privileges following, viz : 



CITY ORDINANCES. TT 

First. That the proprietors of the said lot shall have 
the right to enclose the same with a "wall or fence, not ex- 
ceeding one foot in thickness, which may be placed on the 
adjoining land of the said city, exterior to the said lot. 

Second. That the said lot shall not be used for any 
other purpose than as a place of burial for the dead ; and 
no trees within the lot or border, shall be cut down or de- 
stroyed, without the consent of the said Commissioners. 

Third. That the proprietors of said lot shall have the 
right to erect monuments, cenotaphs, or stones, commemo- 
rative of the dead ; or to cultivate trees, shrubs or plants 
in the same. 

Fourth. That the proprietor of said lot shall erect, at 
his own expense, suitable landmarks of stone or iron at 
the corners thereof, and shall cause the number thereof to 
be legibly and permanently marked on the premises ; and 
if the proprietor shall omit for thirty days after notice 
to erect such landmarks and to mark the number, the Com- 
missioners shall have authority to cause the same to be 
done at the expense of said proprietor. 

Fifth. That if any trees or shrubs in said lot shall be- 
come in any way detrimental to the adjacent lots or ave- 
nues, or dangerous or inconvenient, it shall be the duty of 
said Commissioners for the time being, to enter into said 
lot and remove said trees or shrubs, or such parts thereof 
as are thus detrimental, dangerous or inconvenient. 

Sixth. That if any monument, or effigy, cenotaph, or 
other structure whatever, or any inscription, be placed in 
or upon the said lot, which shall be determined by a ma- 
jority of the said Commissioners for the time being, to be 
offensive or improper, the said Commissioners, or a major- 
ity of them, shall have the right and it shall be their duty 
to enter upon said lot and remove said offensive or improp- 
er object or objects. 

Seventh. No fence shall, at any time, be erected or 
placed in or around said lot, the materials or design of 
which shall not first have been approved by said Commis- 
sioners, or a committee of them. 

Eighth. No tomb shall be constructed or allowed 
within the bounds of the Cemetery, unless by special per- 
mission of the said Board of Commissioners, and in such 



78 CITT ORDINANCES. 

places and in such manner as the Commissioners shall di- 
rect. And no proprietor shall suffer the remains of any 
person to be deposited within the bounds of his lot for 
hire. 

Ninth. The said lot shall be indivisible ; and upon the 
death of the grantee, the devisee of said lot, or the heir 
at law, shall be entitled to all the privileges of the origi- 
nal grantee ; and if there be more than one devise or heir 
at law, the said Board of Commissioners shall designate 
which of said devisees or heirs at law shall then exercise 
the right of using said lot, which designation shall continue 
in force until by death or removal, or other sufficient 
cause, another designation shall become necessary ; and in 
making such designation said Commissioners shall, as far 
as they conveniently may, give the preference to males 
over females, and to proximity of blood and priority of 
age ; having due regard, however, to proximity of resi- 
dence. 

Tenth. The said lot shall be holden subject to all by- 
laws, rules and regulations made and to be made by the 
said Board of Commissioners, in pursuance of authority 
granted to them in and by any act or acts of the Com- 
monwealth of Massachusetts. 

And the said City of Roxbury hereby covenants to and 

with the said , heirs and assigns, that the 

said city is lawfully seized in fee simple of the afore- 
granted premises, and of the ways leading to the same 
from the highway, that the granted premises are free from 
all incumbrances, that the said city hath good right to sell 
and convey the same to the said , in the man- 
ner and for the purposes aforesaid, and will warrant and 

defend the same imto the said , heirs and 

assigns forever. 

In Witness whereof, the said City of Roxbury hath 

caused these presents to be signed by , the 

Chairman of the said Board of Commissioners, to be 

countersigned by , their Secretary, and — , 

the Treasurer of the said city, and to be sealed with its 

common seal, this day of in the year of 

our Lord, eighteen hundred and =-. 



CITY ORDINANCBS. 79 

Signed, sealed and delivered in presence of 



Chairman. 



Countersigned, , Secretary. 

, City Treasurer. 

City of Roxbury. City Clerk's Office, 18 — . 

I hereby certify that the foregoing Deed has been received, 
entered and recorded in this office, in the book provided 

for the purpose, being Book No. , and Page No. . 

■ , City Clerk. 



Sect. 2. All deeds executed in conformity to the pre- 
ceding section, shall be signed by the Chairman of the 
Board of Commissioners of Forest Hills Cemetery, and 
countersigned by their Secretary and the City Treasurer, 
and shall have the City Seal affixed thereto. 

Sect. 3. .Said deeds shall be recorded by the City 
Clerk, in a book provided for that purpose, and to be kept 
in his office. 

Sect. 4. This Ordinance shall take effect from and 
after its passage. 
V [Passed Jan. 22, 1849.] 



[No. 30.] 

AN ORDINANCE 



In addition to an Ordinance No. 10, regulating the Fire 
Department of the City of Roxbury. 

[Repealed.] • 



&0 CITY ORDINANCES. 



[No. 31.] 

AN ORDINANCE 

In addition to "An Ordinance to establish a "Watch for pre- 
serving the safety and good order of the City of Rox- 
bury." 

Be it ordained hy the City Council of the City of Rox- 
bury, as follows : 

Sect. 1. That the Mayor and Aldermen be and they 
are hereby authorized and directed to appoint such a num- 
ber of sober, discreet, and able bodied men of good moral 
character, as they may deem expedient, to be Watchmen 
in the City of Roxbury, from such hour in the evening 
until such hour in the morning, as the Mayor and Aldermen 
shall direct. 

Sect. 2. So much of Ordinance No. 11, relative to the 
City Watch, passed July 27, 1846, to which this is in ad- 
.dition, as is inconsistent herewith, is hereby repealed. 

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

[Passed May 7, 1849.] 



[No. 32.] 

AN ORDINANCE 



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

Be it ordained by the City Council of the City of Rox- 
bury, as follows : 

Sect. 1, The top of the uppermost of each and every 
coffin deposited in the ground in any burial place within 
the City of Roxbury, shall be at least four feet below the 
usual surface thereof. 



CITY ORDINANCES. 81 

Sect. 2. Any person offending against any of the pro- 
visions of this Ordinance, shall forfeit for each and every 
offence, a sum not less than five, nor more than twenty dol- 
lars, and shall also be liable to prosecution for the penal- 
ty for such offences, established by the twenty-first chapter 
of the Revised Statutes. 

Sect. 3. All Ordinances, or parts thereof, inconsistent 
with this Ordinance are hereby repealed. 

Sect. 4. This Ordinance shall take effect and go- into 
operation from and after the first day of January, eighteen 
hundred and fifty. 

[Passed Decei^ber 31, 1849.] 



[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. 

Be it ordained hy the City Council of the City of Rox- 
bury, as follows : 

Sect. 1. The Fire Department of the City of Roxbury 
shall consist of a Chief Engineer, four Assistant Engineers, 
and of as many Enginemen, Hosemen, and Hook and Lad- 
der-men, to be divided into Companies, as the number of 
Engines, and the number and quantity of other Fire Appa- 
ratus belonging to the City shall, from time to time, require. 
11 



82 CITY ORDINANCES. 

Sect. 2. The Engineers shall be chosen annually in the 
month of April, by joint ballot of the two branches of the 
City Council in Convention, and shall hold their offices for 
one year, from the first of May ensuing-, and until others 
shall be chosen in their places. Provided, however, that 
no Assistant Engineer shall hold over, in case three of the 
new Board are elected. And in all case's of holding over, 
preference shall be given to seniority of age. 

Each Engineer shall, on his appointment, receive a writ- 
ten or printed certificate or warrant, in the words follow- 
ing, namelj' : 

This certifies, that has been appointed 

Engineer of the Fire Department of the City of 
Roxbury, and is entitled to all the immunities belonging to 
said office. 

Given under my hand, this day of A. D. 18 — . 

, Mayor. 

, City Clerk. 

Sect. 3. The Engineers' immediately on their election, 
shall organize themselves into a Board, by choosing a Sec- 
retary from their own number. The Chief Engineer shall 
be Chairman of the Board, provided in his absence the Sen- 
ior Assistant Engineer present, shall preside. The rank 
of the Assistant Engineers, shall be determined by the 
Mayor and Aldermen. 

All Bills and Accounts, against the department, shall be 
examined by the Chief Engineer, and if approved by him, 
shall be certified to the Committee on Accounts. 

Sect. 4. The Engineers shall have the Superintendence 
and control of all the Engine and other Houses used for 
the purposes of the Fire Department, and of all the Furni- 
ture and Apparatus thereto belonging, and of the Engines 
and all other Fire Apparatus belonging to the City, and 
over all the officers and members, of the several Companies 
attached to the Fire Department, and over all persons pre- 
sent at fires, and they may make such rules and regulations 
for the better government, discipline, and good order of 
the department, and for extinguishment of fires, as they 
may, from time to time, think expedient, the same not be- 
ing repugnant to the Laws of the Commonwealth, or to any 



CITY ORDINANCES. 83 

Ordinance of the City, and being subject to the approval 
of the Maj^or and Aldermen. 

The Assistant Engineers shall report their absences from 
fires, to the Chief Engineer, with the reasons therefor, who 
shall cause a record to be made of the same, and once in 
each year, prior to the election of Engineers, shall make a 
report thereof to the City Council. 

Sect. 5. It shall be the duty of said Engineers, when- 
ever a fire shall break out in the City, immediately to re- 
pair to the place of such fire, and to carry with them a suit- 
able staff, or badge, of their office ; to take proper meas- 
ures that the several Engines, and other apparatus; be ar- 
ranged in the most advantageous situations, and duly work- 
ed for the effectual extinguishment of the fire ; to require and 
compel assistance from all j^ersons, as well members of the 
department, as others, in extinguishing the fire, removing 
furniture, goods or other merchandise from any building on 
fire, or in danger thereof, and to appoint guards to secure 
the same : and to suppress all tumults and disorders. 

It shall also be their duty to cause order to be preserved 
in going to, working at, or returning from fires, and at all 
other times, when companies attached to the department, 
are on duty. 

Whenever it shall be adjudged, at any fire, by any three 
or more of the Engineers, of whom the Chief Engineer, if 
present, shall be one, to be necessary in order to prevent the 
further spreading of the fire, to pull down or otherwise de- 
molish any building, the same may be done by their joint 
order. 

Sect. 6. The Chief Engineer shall have the sole com- 
mand at fires, over all the other Engineers, all members of 
the Fire Department, and all other persons who may be 
present at fires, and shall direct all proper measures for 
the extinguishment of fires, protection of property, preser- 
vation of order, and observance of Laws, Ordinances and 
Regulations respecting fires. And it shall be the duty of 
the said Chief Engineer, to examine into the condition of 
the Engines and all other fire aj^paratus, and of the Engine 
and other Houses, and the Reservoirs belonging to the 
City, and used for the purposes of the Fire Department, 
and of the companies attached to the said department, as 



84 OiTT ORDINANCES. 

often as circumstances may render it expedient, or when- 
ever directed so to do, hy the Mayor and Aldermen, or by 
the Committee on the Fire Department, and annually to re- 
port the same to the City Council, and ofteuer, if requested. 
. Also, to cause a full description of the same, together with 
the names, age, and residence of the officers and members 
of the department to be published annually, in such man- 
ner as the City Council shall direct ; and whenever the En- 
gines or other fire apparatus, Engine, or other Houses used 
by the department, require alterations, addition or repairs, 
the said Chief Engineer, under the direction of the Com- 
mittee on the Fire Department, shall cause the same to be 
made. And it shall be, moreover, the duty of the Chief 
Engineer to receive, and transmit to the City Council, all 
retm'ns of officers, members and fire apparatus, made by 
the respective companies, as hereinafter prescribed, and all 
other communications relating to the afiairs of the Fire De- 
partment; to keep or to cause to be kept fair and exact 
rolls of the respective companies, specifying the time of ad- 
mission and discharge of each member, and also a record of 
all accidents by fire, which may happen within the City, 
with the causes thereof, as well as can be ascertained, and 
the number and description of the building destroyed or in- 
jured, together with the names of the owners or occupants, 
and report the same, once in each year, to the City Coun- 
cil. 

The appropriations for the Fire Department of the City 
of Roxbury, for new engines, apparatus, engine houses, ex- 
traordinary repairs and alterations upon engines, or houses ; 
— and also appropriations for reservoirs, shall be expended 
by or under direction of the Committee on the Fire De- 
partment of the City Council. 

Sect. 7. In the absence of the Chief Engineer, the En- 
gineer next in rank who may be present, shall execute the 
duties of his office with full powers. 

Sect. 8. No person mider the age of twenty-one years, 
shall be employed as a member of the Fire Department, 
nor shall any person be so employed who is not a citizen 
of the United States. And the names of all persons ad- 
mitted into the several companies, or discharged therefrom^ 



CITY ORDINANCES, 85 

shall within ten days after such admission or discharge, be 
returned to the Chief Engineer. 

Sect. 9. The terms of service for the members of the 
Fire Department may commence on the first day of May, 
August, November and February, and shall continue for 
periods of six months each ; and no member shall be en- 
titled to any pay, unless he has served three months in the 
company in which he enters. And the Clerks of the sev- 
eral companies, shall, on or before the first day of August, 
November, February or May, return to the Chief Engineer 
a separate certificate of the service of each member of 
their respective Companies. 

Sect. 10. Each of the Engine, Hose, and Hook and 
Ladder Companies shall have a Foreman, an Assistant 
Foreman, and Clerk, and these officers shall be chosen by 
the written votes of their respective Companies, at a meet- 
ing specially held for that purpose, in the month of May 
annually, of which meeting and purpose the members shall 
,be notified by the Clerk, at least three days previous there- 
to, and if there be no Clerk, the Commanding ofiicer of said 
Company for the time being, if there be one, may issue his 
order, in writing, to any member of the Company, to per- 
form that duty until one shall be elected. And if there be 
no commanding officer, the acting -Chief Engineer shall is- 
sue the order as aforesaid, and shall likewise designate and 
detail some one of the Board of Engineers to preside at 
said meeting. The Clerks of the several Companies before 
entering upon their duties, shall be sworn to the faithful 
performance thereof They shall make quarterly returns 
to the Chief Engineer, of all absences of members of their 
respective companies from fires, or fire alarms, or from 
meetings for the choice of officers. 

Sect. 11. Whenever it shall appear that any person 
has a majority of the written votes of the electors, at a 
meeting notified as mentioned in the preceding section, and 
at which there shall be a majority of the whole Company 
present, the presiding officer shall forthwith inform him of 
the fact, and shall make return of every election or failure 
to elect, to the Chief Engineer; and said return shall be 
transmitted by said Chief Engineer to the Mayor and Ai- 
de rmen. 



86 CITY ORDINANCES. 

Sect. 12. If the person, so receiving the vote of the 
Company, shall be approved by the Mayor and Aldermen 
for the respective offices to which they shall have been elec- 
ted, they shall receive a certificate of appointment, in the 
form as follows : 

This certifies, that is appointed of 

Company Xo. of the Fire Department of 

the City of Roxbury, and is entitled to all the immunities 
belono-ing to said office. 

"Given under my hand, this day of A. D. 18 — . 

' , Mayoe. 

, City Clerk. 

and shall be invested with all the authority, and subject to 
all the duty required by the laws, the City Ordinances and 
Rules and Regulations of the Fire Department. And in 
case the persons are not approved by the Mayor and Al- 
dermen, the Mayor shall notify the Chief Engineer, who 
shall order a new election, held in the manner heretofore 
expressed. And if the members of the Company shall 
then neglect or refuse to elect some person or persons to 
fill the vacant offices, whom the Mayor and Aldermen shall 
approve, the Mayor and Aldermen shall appoint some suit- 
able person or persons to the same : or the said Company 
may be disbanded by the Mayor and Aldermen. And the 
Mayor and Aldermen may, at any time, discharge the officers 
or members of the said Companies. 

Sect. 13. Whenever any person shall have received his 
certificate of appointment to any office, as aforesaid, he 
shall perform all the duties thereof for the year which he 
was chosen, until discharged therefrom, either by death or 
resignation, or by order of the Mayor and Aldermen ; in 
which case the Chief Engineer shall cause a meeting to be 
held, as before provided, to fill the vacancy. 

Sect. 14. It shall be the duty of the Foreman to see 
that the several Engines, or other apparatus entrusted to 
their care, and the several buildings in which the same may 
be deposited, and all things in or belonging to the same, 
are kept neat, clean, and in order for immediate use ; it 
shall also be their duty to preserve order and discipline at 
all times in their respective companies, and require and en- 



CITY onDINANCEa. 8T 

force a strict compliance with the City Ordinances, the 
rules and regulations of the Department, and the orders of 
the Eiigiaeers. They shall alsa keep, or cause to be kept, 
by the Clerks of their respective Companies, fair and exact 
rolls, specifying the time of admission and discharge of 
each member, with their age and residence, and accounts of 
all the City property entrusted to the care of the several 
members, in a book provided for that purpose by the City, 
which rolls or record books shall always be subject to the 
order of the Board of Engineers, the Mayor and Alder- 
men, or the Committee on the Fire Department. They 
shall also make, or cause to be made, to the Chief Engi- 
neer, true and accurate returns of all the members and the 
apparatus entrusted to their care, whenever called upon so 
to do. 

Sect. 15. It shall be the duty of the officers and mem- 
bers of the several Engine, Hose, and Hook and Ladder 
companies, whenever a fire shall break out in the City, to 
repair forthwith to their respective Engines, Hose, and 
Hook and Ladder Carriages, and other apparatus, and to 
convey them in as orderly a manner as may be, to or near 
the place where the fire may be, and in conformity with 
the directions of the Chief, or other Engineers, to exert 
themselves in the most orderly manner possible, in work- 
ing and managing the said Engines, Hose, and Hooks 
and Ladders and other apparatus ; and in performing any 
duty that they may be called on to do, by any Engineer ; 
and upon permission of the Chief or other Engineer, shall 
in an orderly and quiet manner return the said apparatus 
to their respective places of deposit. 

Provided, in the absence of all the Engineers, such direc» 
tion and permission may be given by their respective fore^ 
men. 

Sect. 16. The Board of Engineers, upon the nomina» 
tion of the company, from among the members, may appoint 
two or more Suction Hose men, and three or more Leading 
Hose men, for each Engine company, and the men thus ap. 
pointed shall hold their places for one year, unless sooner 
removed by the Board of Engineers, and until others are 
appointed in their places. 

Sect. 17. The Engineers shall in like manner appoint 



88 CITY ORDINANCKS. 

a Steward to each company, who shall hold his ofiSce for 
one year, unless sooner removed by the Board of Engineers, 
and until another shall be appointed in his place. It shall 
be the duty of the Steward, to keep the House, En2:ine, 
Hose, or other apparatus belonging to the company, clean 
and ready for immediate use. 

Sect. 18. The Engineers and members of the several 
Companies regularly appointed, shall wear such caps, badges 
or insi^na as the Mayor and Aldermen may from time to 
time direct, to be furnished at the expense of the City, and 
no other person or persons shall be permitted to wear the 
same, except under such restrictions and regulations as the 
Mayor and Aldermen may direct. 

Sect. 19. The members of the several companies shall 
not assemble in the houses entrusted to their care except 
for the purpose of taking the Engine or apparatus, on an 
alarm of Fire, and of returning the same to the house, and 
taking the necessary care of said apparatus after its return; 
and except for the business meetings of the companies. 

Sect. 20. No company shall draw water from the Re- 
servoirs, or Hydrants, except in case of fire, unless by spe- 
cial permission of the Chief Engineer. 

Sect. 21. No Engine, Hose, or Hook and Ladder car- 
riage, shall be taken to a. firft out of the city, without per- 
mission of an Engineer; nor shall any of the apparatus of 
the Fire Department be taken from the City, other than to 
a fire, without permission from the Mayor and Aldermen. 

Sect. 22. All Ordinances in relation to the Fire De- 
partment, prior to this, are hereby repealed. 

Sect. 23. This Ordinance shall go into effect from and 
after the first day of May, 1851. 

[Passed April 7, 1851.] 



CITY ORDINANCES. 89 



[No. 35.] 

AN ORDINANCE 



In relation to Truant Children and Absentees from School. 
[Repealed.] 



[No. 36.] 

AN ORDINANCE 

In addition to an Ordinance prescribing Rules and Regula- 
tions relative to Nuisances, Sources of Filth, and Causes 
of SicknesS; within the City of Roxburj^ 

Be it ordained by the City Council of the City of Rox- 

hiiry, as follows : 

Sect. 1. The Mayor and Aldermen shall constitute the 
Board of Health of the City, for all purposes, and shall ex- 
ercise all the powers vested in, and shall perform all the 
duties prescribed to the City Council, as a Board of Health ; 
subject only to any limitations and restrictions contained 
in the Ordinances, Regulations, and orders of the City 
Council. 

Sect. 2. Whenever, upon due examination, it shall ap- 
pear to the Mayor and Aldermen, that the number of per- 
sons, occupying any tenement or building in the City, is so 
great, as to be the cause of nuisance and sickness, and the 
som'ce of filth ; or that any tenement or building are not 
furnished with sufficient drains and suitable privies and 
vaults, according to the provisions of Ordinance No. 14, 
they may thereupon issue notice, in writing, to such per- 
sons, or any of them, requiring them to remove from and 
quit such tenement or other building within such time as 
the Mayor and Aldermen shall deem reasonable. And if 
the person or persons no notified, or any of them, shall 
neglect or refuse to remove from and quit such tenement 
12 



90 CITY ORDINANCES. 

or building -witliin the time mentioned in such notice, the 
Mayor and Aldermen are hereby authorized and empow- 
ered thereupon forcibly to remove them ; and such person 
or persons shall fether be liable to a penalty for such neg- 
lect and refusal. 

Sect. 3. Every person offending against any of the pro- 
visions of this Ordinance, in relation to which a penalty is 
not prescribed by the laws of the Commonwealth, shall for- 
feit and pay a sum not less than five dollars or more than 
twenty dollars, for each offence. 

Sect. 4. This Ordinance shall take effect and go into 
operation from and after its passage. 

[Passed July 7, 1851.] 



[No. 37. J 

AN ORDINANCE 

Establishing the Office of City Crier. 

Be it ordained by the City Council of the City of Rox- 
bury, as folloios : 

Sect. 1. The Mayor and Aldermen may from time to 
time grant licenses to such and so many persons 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 nest after the date thereof, unless sooner revoked 
by the Mayor and Aldermen, and no longer. 

Sect. 2. No person shall be a Common Crier within 
the City of Roxbury, or cry any goods, wares, or merchand- 
ise, lost or found, stolen goods, strays or public sales, in 
any of the streets, squares, lanes, or market places, within 
the city, imless 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 inspec- 
tion of the Mayor and Aldermen, whenever they shall de- 



CITY ORDINANCES. 91 

mand the same ; and no Common Crier shall publish or cry- 
any abusive, libellous, profane or obscene matter or thing 
whatsoever. 

Sect. 4. Any person who shall be guilty of a violation 
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.] 



[No. 38.] 

AN ORDINANCE 



In relation to Truant Children and Absentees from School. 

Be it ordained by the City Council of the City of Rox- 
bury, as follows : 

Sect. 1. The City of Roxbury hereby adopts the two 
hundred and ninety-fourth chapter of the laws of this Com- 
monwealth, 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 Thous- 
and 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 conformity 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 ofii"ence 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 exceeding one year. Pro- 
vided, however, that any minor convicted of either of the of- 



98 CITY ORDINANCES. 

fences herein mentioned, maybe 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 Roxbury, 
shall have jurisdiction of the oJBfcnccs herein set forth, and 
the Almshouse Establishment is hereby assigned and pro- 
vided as the institution of instruction, house of reformation; 
or suitable situation mentioned in said acts. 

Sect. 4. The Mayor and Aldermen shall forthwith af- 
ter the passage of this Ordinance, and hereafter in the month 
of January, annually, appoint three or more persons to make 
the comi^laints in every case of violation of this Ordinance, 
to the said Justices of the Peace, and to carry into execu- 
tion the judgments of said Justices in conformity to the pro- 
visions of said acts. 

Sect. 5. The Ordinance relating to Truant Children 
and Absentees from School, passed May 12, 1851, is here- 
by repealed. 

Sect. 6. This Ordinance shall go into eifect 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 re- 
peal herein contained. 

[Passed July 12, 1852.] 

Approved Sept. term. Court of Common Pleas. 



[No. 39.] 

AN ORDINANCE 



Concerning the removal of House Offal and Night Soil 
from the City. 

Be it 07'dained by the City Council of the City of Roa:- 
bury, as folloivs : 

Sect. 1. All House Offal, whether consisting of animal 
or vegetable substances, shall be deposited in convenient 
vessels and kept ia some convenient place, to be taken 
away by or under the direction of the person appointed by 



CITYORDINANCES. 93 

the Mayor and Aldermen for tliat purpose ; which, shall be 
done not less than twice in each week. 

Sect. 2. No vault or privy shall be emptied except un- 
der the direction of the person appointed by the Mayor and 
Aldermen, and conformable to such regulations as the May- 
or and Aldermen shall make on the subject, and always at 
the expense of the owner, agent, occupant or other person 
having charge of the tenement in which such vault is situ- 
ated. 

Sect. 3. No person, except such as shall have been ap- 
pointed by the Mayor and Aldermen for that purpose, or 
his agents, shall collect, remove or carry away from any 
dwelling-house or other place, through any of the streets of 
the City, any House Offal or Night Soil. 

Sect. 4. The Mayor and Aldermen, immediately after 
the passage of tliis Ordinance and thereafter, in the month 
of April, annually, shall appoint a suitable person whose 
duty it shall be to take charge of the removal of Offal and 
Night Soil. And the person so appointed shall cause the 
same to be used on the City Lands, or shall have the power 
to sell and dispose of any portion of the Night Soil not so 
used that he may deem proper, and he shall make and ren- 
der annually in the month of February, an accomit of all 
that may have been sold, and pay over the proceeds to the 
City Treasm-er. 

Sect. 5. A Book shall be kept in the office of the City 
Marshal, in which shall be entered all applications for op- 
ening and cleansing vaults, and the same shall receive at- 
tention in the order in which they are made. The Mayor 
and Aldermen shall from time to time determine the sum 
to be paid by persons who shall make such applications. 

Sect. 6. This Ordinance shall not apply to any persons 
who may use their House Offal or Night Soil on their own 
premises. 

Sect. 7. Any persons offending against any of the pro- 
visions of this Ordinance, shall be punished by a fine not 
exceeding twenty dollars. 

Sect. 8. This Ordinance shall take effect and go into 
operation in twenty days from and after its passage. 
[Passed Jime 27, 1853.] 



94 CITYORDINANCES. 

[No. 40.] 

AN ORDINANCE 

Establishing the Ofi&ce of Commissioner of Streets, and de- 
fining the duties thereof. 

Be it ordained by the City Council of the City of Rox- 
bury J as follows : 

Sect. 1. Forth^rith and hereafter, in the month of Jan- 
uary, annually, there shall be appointed by the Mayor and 
Aldermen a Commissioner of Streets, who shall continue in 
office until removal, or until a successor be appointed. He 
shall receive such compensation for his services as the May- 
or and Aldermen shall establish, and shall be removable at 
the pleasm'e of the Mayor and Aldermen ; and in case said 
office shall become vacant by death, resignation, or other- 
"wise, a successor shall forthwith be appointed. 

Sect. 2. It shall be the duty of the Commissioner of 
Streets, under the general care and direction of the Mayor 
and Aldermen, to superintend the general state of the 
streets, roads, sidewalks, lanes, bridges, public walks, and 
squares of the city, to attend to the making, widening, or 
alteration of the same, to cause the same to be kept in good, 
sufficient and suitable repair, and when so ordered, to make 
all contracts for the supply of labor and materials therefor, 
to superintend the building and repairs of any drains or 
sewers for the city, and shall give notice to the Mayor or 
to such person as he may direct, in case of nuisance, ob- 
struction, or encroachment in or upon any of the streets, 
roads, sidewalks, bridges, public walks or squares of the 
city. And the city shall not be responsible for any of his 
doings that have not been ordered by the City Council, the 
Mayor and Aldermen, or the Smweyors of Highways, or 
sanctioned by express vote. 

Sect. 3. The said Commissioner, under the control and 
direction of the Mayor and Aldermen, shall have the care 
and superintendence of the city stables, horses, carts, vehi- 
cles, tools, implements and other property of the city be- 
longing to or attached to this department, and shall see that 



CITYORDINANCES. 95 

the same are kept in good order and condition, and shall 
make all necessary arrangements for cleaning the streets 
and disposing of manure and house dirt. 

Sect. 4. The said Commissioner shall keep an exact 
account of the receipts and expenditures in his department, 
with the names of all persons who have furnished materials, 
and of all workmen, and the amount due to each individual, 
and shall lay the same before the Mayor and Aldermen for 
their examination and allowance, at least once in each 
month, and at such other times as the said Mayor and Al- 
dermen may direct. And he shall, on or before the last 
Monday in January, annually, make and render to the City 
Council, a report containing a general statement of the ex- 
penses of his department, during the preceding year, and 
specifying as near as may be the amounts expended upon 
different streets for sidewalks, number of feet of edge 
stones laid, number of yards of paving and cost of same, 
and such other information as he may consider desirable, 
together with a schedule in detail of the property under 
his charge belonging to the city. 

Sect. 5. The Ordinance entitled, " An Ordinance estab- 
lishing the office of Commissioner or Commissioners, of 
Highways, and defining the duties thereof," passed the 
twenty-second day of June, in the year eighteen hundred 
and forty-six, is hereby repealed. 

Sect, 6. This Ordinance shall take effect and go into 
operation from and after its passage. 

[Passed March 20, 1854.] . 



[No. 41.] 

AN ORDINANCE 



In relation to the Acceptance of Streets in the City of 

Roxbury. 

Be it ordained hy the City Coujicil of the City of Rax- 
bury, as folloios : 

Sect. 1. No Street already laid out, and not built up- 
on, or which shall hereafter be laid out, shall be accepted 



96 CITYORDINANCES. 

by the City Council, unless the same shall be fifty feet in 
width. 

Sect. 2. No Street shall hereafter be accepted by the 
City Council, until the grade of said Street shall have been 
first determined by the Board of Aldermen, and surveyed 
by a competent Sui'veyor, duly appointed by the said Board ; 
and imtil a plan of said Street, drawn by the said Surveyor 
at the expense of the Abuttors on said Street, shall have 
been deposited with the City Treasurer. 

Sect. 3. No Street shall be accepted by the City Coun- 
cil, imtil the grade of such Street shall have been first made, 
at the expense of the Abuttors, to correspond with the plan 
of the Surveyor. 

Sect. 4. This Ordinance shall take effect immediately 
after its passage. 

[Passed April 3, 1854.] 



€ 



CITY OF ROXBURY. 



RULES AND OEDEES 



OF THE 



BOARD OP ALDERMEN 



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 disposed 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, meaning by 
the orders of the day, the business remaining unfinished at 
the previous meeting, and such communications as may 
have been subsequently sent up from the Common Council. 

5. New business may be introduced by any member of 
the Board. 

II. Every ordinance shall pass through the following 
stages before it shall be considered as having received 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. 
13 



98 Rifles and Oi'ders of the Board of Aldermen. 

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

lY. Standing Committees shall be appointed on the Po- 
lice 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 mistake ; nor 
shall there be any conversation among the members while a 
paper is being read or a question stated from the Chair. 

VL All Committees shall be appointed and announced 
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 Preside7it. 

~ 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 pre- 
side 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 prevail. 

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, subject to an appeal 
to the Council, on motion of any member regularly sec- 
onded. 

Sect. 3. He shall declare all votes ; but if any member 
doubt the vote, the President, without further debate upon 
the question, shall require the members voting in the 
affirmative and negative, to rise and stand until they are 



100 Rules and Orders of the Commofi Council, 

counted, and he shall declare the result ; but no decision 
shall be declared, unless a quorum 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 determine to 
go into Committee of the Whole, the President 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, without 
leaving his place. 

Sect. 6. On all questions and motions, the President 
shall take the sense of the Council by yeas and nays, pro- 
vided 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 order 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, it 
shall be disposed of by vote of the Council, unless the mover 
withdraw it before a decision or amendment. 

Sect. 10. When a question is under debate, the Presi- 
dent 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 precedence 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 



In the City of Roxhury, for 1854. 101 

table, or to take from the table, shall be decided without 
debate. 

Sect. 12. He shall put the previous question in the fol- 
lowing form : — " Shall the main question he now put 7 " — 
and all debate upon the main question shall be suspended 
until the previous question shall be decided. 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 incidental 
questions of order, arising after a motion is made for the 
previous question, shall be decided without 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. 

Sect. 1.5. All Committees shall be appointed and an- 
nounced by the President, except such as the Council deter- 
mine to elect by ballot ; and 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 de- 
bate, or deliver any matter to the Covmcil, 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 



102 Rides and Orders of the Common Council, 

he represents, or such other designation as may be inteUigi- 
ble and respectful. 

Sect. 18. No member speaking shall be interrupted by 
another, but by rising to call to order, or to correct a mis- 
take. When a member is called to order, he shall immedi- 
ately sit down, unless permitted to explain, and the Coun- 
cil, 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 to speak, shall 
have spoken ; and if, on the " previous question," no more 
than once without leave. 

Sect. 20. When a motion is made and seconded it shall 
be considered by the Council, and not otherwise ; 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 writing, if 
the President direct, or any member of the Council re- 
quest it. 

Sect. 22. When a vote has passed, it shall be in order 
for any member of the Tnajority^ to move for a reconsidera- 
tion 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 per- 
mitted. 

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. 



In the City of Roxbury, for 1854, 103 

Sect. 24. Every member who shall be in the Coimcil, 
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 deter- 
mined by a vote of the Council. 

Sect. 27. No standing rule or order of the Council shall 
be suspended, unless three-fourths of the members 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 adjourned, and 
shall give his punctual attendance accordingly. 

Sect. 29. No member shall be obliged to be on more 
than three standing committees at the same time, nor to be 
chairman of more tlian one. 

Of CoTumunications, Committees, Reports, and Resolutions, 

Sect. 30. All memorials and other papers addressed 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 other- 
wise direct. And every member presenting a petition, re- 
monstrance, order, resolution, or other paper, shall endorse 
his name thereon, with a brief statement of the nature and 
object of the instrument. 

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



104 Rules and Orders of the Commoii Council, 

Sect. 32. No Committee shall sit during the sitting 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 time of speak- 
ing ; 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 oth- 
erwise, 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 Committees, other than those above specified, are 
nominated 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 Chairman pro tem. 

Sect. 35. All messages to the Mayor and Aldermen, 
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 pas- 
sed by this Council ; and all ordinances after being so pas- 
sed, shall be enrolled. 

Sect. 37. No ordinance, order, or resolution, imposing 
penalties, or authorizing the expenditure of money, except 
orders for printing, by either branch of the City Council, 
shall have more than one reading on the same day, if one- 
thifd of the members present object. 

Sect. 38. The seats of the members of the Council 
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 or- 
dered, shall consist of three members. And no report shall 
be received from any committee, unless agreed to in com- 
mittee assembled. 



In the City of Roxbury, for 1844. 105 

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 description 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 purpose, and provided with an index. 

Sect 41. All salary officers shall be voted for by writ- 
ten ballot. 

Sect. 42. It shall be the duty of all standing committees 
of the Council, to keep records of all their doings 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 be called 
upon less notice than twenty-four hours. 

Sect. 44. In all elections by ballot, on the part of the 
Council, blank ballots, and all ballots for persons not eligi- 
ble, shall be reported to the Council, but shall not be count- 
ed 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 refer- 
red, to report thereon within four weeks from the time said 
subject is referred to them, or ask for further time. 

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

14 



JOINT RULES AND ORDERS 



THE CITY COUNCIL 



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

A Commi.ffpp. on Pinmirp. .• — To consist of the Mayor, 
one Alderman and five members of the Common Council. 

A Committee on Accounts : — To consist of two Alder- 
men, 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 CoTumittee on Public Insti^uction : — To consist of the 
Mayor, two Aldermen, and the President and four members 
of the Common Council. 

A Committee on the Poor and Almshouse : — To consist 
of the Mayor, one Alderman^ and three members of the 
Common Council. 

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



Joint Rules and Orders of the City Council. 107 

A Committee on Highways, Bridges, and Sidewalks : — 
To consist of the Mayor, two Aldermen, and five members 
of the Common Council. 

A Com.m,ittee on the Fire Department : — To consist of 
three members of the Board of Mayor and Aldermen, and 
five members of the Common Council. 

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

A Committee on Lairips : — To consist of two members 
of the Board of Mayor 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 election, de- 
cease, inability or absence of that officer, the Chairman of 
the Board of Aldermen shall act ex officio. And the mem- 
bers of the Board of Aldermen and of the Common Coun- 
cil, who shall constitute the Joint Standing Committees, 
shall be chosen or appointed by their respective Boards. 

The member of the Board of Aldermen first named in 
every Joint Committee, of which the Mayor is not a mem- 
ber, 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 Common Council, first in 
order, shall call meetings of the Committee and act as 
Chairman. 

The Mayor shall be ex officio Chairman of any Joint 
Special Committee of which he is. a member. And when- 
ever 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 disagrement between the two 
Boards, when either Board shall request a conference and 
appoint a Committee for that purpose, the other Board shall 



108 Joint Rules and Orders of the City Council. 

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 amend- 
ment, confer freely thereon, and report to their respective 
branches. 

Sect. 3. When either Board shall not concur in any or- 
dinance 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 : — 
"^e it ordained by the City Conncil of the City of 
Roxbiiry" 

Sect. 5. In all votes, when either or both branches of 
the City Council express anything by way of command, 
the form of expression shall be, " Ordered : " and when 
either or both branches express Opinions, Principles, Facts, 
or Purposes, the form shall be " Resolved." 

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

Sect. 7. No Chairman of any Committe shall audit or 
approve any bill or account against the city, for any sup- 
plies or services which shall not have been ordered or au- 
thorized by the Committee. 

Sect. 8. No Committee shall enter into any contract 
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 Committee* 
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 



Joint Rules and Orders of the City Council. 109 

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 request of the respective Chairman thereof. 

Sect. 11. Each Board shall transmit to the other, all 
papers on which any Ordinance or Joint Resolutions 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. 

Sect. 12. The Titles to all Ordinances and Joint Reso- 
lutions 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 be on passing the same to be en- 
rolled ; and when the same shall have passed to be en- 
rolled, it shall be sent to the other Board for concurrence : 
and when such Ordinance shall have so passed to be en- 
rolled in each Board, the same shall be enrolled by the 
Clerk of the Common Council, and examined by a Com- 
mittee of that Board : and on being found by said Committee 
to be truly and correctly enrolled, the same shall be report- 
ed 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 re- 
ported to the Board, and the question shall be on passing, 
the same to be ordained ; 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 Coun- 
cil, it shall be sent to the other Board for concurrence. 



110 Joint Rules and Orders of the City Council. 

Sect. 15. No enrolled Ordinance shall be amended. 

Sect. 16. All messages between the two Boards shall 
be reduced to writing by the repective clerks, and may be 
transmitted by the clerk or the Messenger. 

Sect. 17. It shall be the duty of every Joint Committee, 
(the Committee on Highways, Bridges, and Sidewalks ex- 
cepted,) 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 pre- 
viously 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 con- 
tained in the annual resolution, 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 ordi- 
nance has been passed in its final stage, shall be reconsid- 
ered in either Board after the same has been finally acted 
upon in the other Board, unless the motion for reconsidera- 
tion be made, or notice given at the same meeting at which 
the vote to be reconsidered passed. 



GOVERNMENT 



eiTY OF ROXBURY, 



1854. 



MAYOR : 

LINUS B. COMINS. 

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



ALDERMEN : 

NELSON CURTIS, 
GEORGE CURTIS, 
JOSEPH N. BREWER, 
GEORGE J. LORD, 
ROBERT W. AMES, 
CALYIN B. FAUNCE, 
BENJAMIN PERKINS, 
CHARLES HICKLING, 



At Large. 
(( 

(( 

Ward 1. 
" 2. 
« 3. 

" 4. 
" 6. 



CITY OFFICE RS 



113 



COMMON COUNCIL. 

JAMES M. KEITH, President. 



Ward 1. 

Franklin Williams, 
Joseph H. Chadwick, 
Joseph G. Torrey, 
Thomas Farmer, 

Ward 2. 

John M. Hewes, 
Joseph Houghton, 
Phineas Colbnrn, 
Henry Basford, 



William D. Adams, 
William B. May, 



Ward 5. 



Ward 3. 

Charles B. Bryant, 
Horace King, 
Obed Rand, 
Alden Graham. 

Ward 4. 

Henry Davenport, 
Jos. B, Wheelock, 
Geo. W. Tuxbury, 
John R. Hall. 



Walden Porter, 
James M. Keith. 



CITY CLERK, AND CLERK OP BOARD OP 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 $275.— Chosen by concurrent vote in April. Ordinance No. 5.] 



15 



114 



CITY OFFICERS. 



JOINT STANDING COMMITTEES. 



ON FINANCE. 



The Mayor. 
Alderman 

N. Curtis. 



Common Council. 
Messrs. May, 

Wheelock, 
Hewes, 
Farmer, 
Kinar. 



Aldermen 
Brewer, 
Hickling. 



ON ACCOUNTS. 



Common Council. 
Messrs. Davenport, 
Porter, 
Chadwick. 



ON PUBLIC PROPERTY. 



Alderme?i 
Perkins, 
Hickling, 
Ames. 



Common Council. 

Messrs. Adams, 

Chadwick, 
Tuxbury, 
Houghton, 
King. 



ON PUBLIC INSTRUCTION. 



The Mayor. 

Aldermen 

Hickhng, 
Brewer. 



Comino7i Council. 
Messrs. Keith, 

Williams, 
Tuxbury, 
Hewes, 
Bryant. 



CITY 0FFI0BR3. 



115 



ON HIGHWAYS, BRIDGES AND SIDEWALKS. 



The Mayor. 
Aldermeri 

G. Curtis, 

Lord. 



Coinrtwn Council. 
Messrs. Farmer, 
Hewes, 
Porter, 
King, 
Hall. 



ON THE FIRE DEPARTMENT. 



Aldermen 

Faunce, 
G-. Curtis, 
N. Ciu'tis. 


Common Council. 
Messrs. May, 

Williams, 
Colburn, 
Parker, 
Davenport. 




ON BURIAL GROUNDS. 


The Mayor. 
Aldermeti 

N. Curtis, 
Ames. 


Common Council. 
Messrs. Wheelock, 
Adams, 
Torrey, 
Rand, 
Colburn. 




ON FUEL. • 


Aldermen 

Ames, 
N. Curtis. 


Common Coimcil. 
Messrs. Houghton, 
Wheelock, 
Bryant. 


ON 


THE POOR AND ALMSHOUSE. 


The Mayor. 
Alderman 
Faunce. 


Common Council. 
Messrs. Williams, 
Bryant, 
Basford. 



116 CITY OFFICERS. 



ON LAMPS. 

Aldermen Common Council. 

N. Curtis, Messrs. Porter, 

Hickling. Torrey, 

Basford. 



STANDING COMMITTEES 

OF THE 

BOARD OF ALDERMEN. 

ON POLICE. 

The Mayor, Aldermen G. Curtis and Faunce. 

ON LICENSES. 

The Mayor, Aldermen N. Ciu'tis and Perkins. 

ON ENROLMENT. 

Aldei^men Hickling, Brewer and Ames. 

ON LAYING OUT AND WIDENING STREETS. 

The Mayor, Aldermen G. Curtis and Lord. 

ON BILLS OR ACCOUNTS PRESENTED FOR ALLOWANCE OR 
PAYMENT. 

Aldermen N. Curtis, Brewer and Lord. 



CITY OFFICERS. 117 

STANDING COMMITTEES 

OP 

THE COMMON COUNCIL. 

ON ELECTIONS. 

Messrs. Davenport; May and Hewes. 

ON ENROLLED ORDINANCES. 

Messrs. Tuxbury, Chadwick and Adams. 

TREASURY DEPARTMENT. 

Joseph W. Dudley, Treasurer and Collector. 

[Salary fl200. Chosen by City Council, in Convention, in January, 
Office, City Hall. See Ordinance No. 8.] 

ASSESSORS. 

Alvali Kittredge, 
Daniel Jackson, 
Josliua Seaver. 

[Chosen by City Council, in Convention, in April. Receive ^175 each, and 
f 75 Clerk hire.] 

ASSISTiiNT ASSESSORS. 



Ward 1. Joseph Bugbee, 

2. Gera Farnam, 

3. Moses Gragg, 



Ward 4. Benj. Perkins, 
5. A. D. Williams. 



[Chosen in each Ward where they reside. Receive $!20each.] 



118 CITY OFFICERS. 



OVERSEERS OF THE POOR. 



The Mayor, Ex Officio, Chairman. 

Ward 1. Warren Marsh. 

2. Ira Allen. 

3. S. S. Littlefield. 

4. Thomas Simmons. 

5. George Gregerson. 

[Chosen in each Ward where they reside.] 



THE ALMSHOUSE. 

Ezra Yomig, Superintendent. 

[Salary $500. — Appointed by Overseers of the Poor.] 

Ira Allen, M. D., Physician. 

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



SURVEYORS OF HIGHWAYS. 



Linus B. Comins, 
Nelson Curtis, 
George Curtis, 
Joseph N. Brewer, 
George J. Lord, 



Robert W. Ames, 
Calvin B. Faunce, 
Benjamin Perkins, 
Charles Hicklino;. 



COMMISSIONER OF STREETS. 

John R. Howard. 

[Chosen by the Mayor and Aldermen, in January, Salary $500. See 
Ordinance No. 40.] 



CITY OFFICERS. 119 

FIRE DEPARTMENT. 

[Ordinance No. 34.] 
CHIEF ENGINEER. 

Abraham S. Parker. Salary $200. 

ASSISTANT ENGmEERS. 



1. Jerabneel C. Pratt, 

2. Daniel E. Page, 



3. Gilbert S. May. 

4. Samuel P. Train. 



[The Chief and Assistant Engineers are chosen by the City Council in Con- 
vention, in April. The rank of the Assistant Engineers is determined by 
the Mayor and Aldermen. They receive $40 each; the Secretary an ad- 
ditional sum of $15.] 



FOREMEN OF ENGINES. 

Warren Co, No. 1. Torrent Co. No. 6. 

Dudley, cor. Warren street. Eustis street. 

John A. Foley. Chester H. Morse. 

America Co. No. 2. - Tremont Co. No. 7. 

Centre street. Ruggles street. 

John Kelley. John Withers. 

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

Centre, near Perkins street. Dudley, cor. Warren st. 

[Vacant.] William N. Hastings, 

Cochituate Hose Co. 
Near Railroad Crossing, Washington street. 

Thomas A. Scott. 



120 



CITY OFFICERS. 



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



NAME OF ENGINE. 



Warren, No. 1, . . . . 
America, No. 2, . . . . 
Jamaica, No. 3, (Vacant.) 
Torrent, No. 6, .... 
Tremont, No. 7, . . . . 
Hook and Ladder Company, 
Cochituate Hose Company, 



Em 



$35 
35 

35 
35 
35 
35 





§ o 


TS 


> DO 








o S aj 




2 u 


^ 


^: So 



$35 
35 

35 
35 
30 
30 






$75 


38 


75 


38 


75 


38 


75 


38 


25 


18 


50 


10 



$25 
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. 



CONSTABLES. 



H. J. V. Myers, 
Josej)li Hubbard, 
Hawley Folsom, 
James Ball, 
PMneas B. Smith, 
Luke Jewett, 



William D. Cook, 
Elliott Trask, 
John J. Hastings, 
Morrill P. Berry, 
Samuel S. Littlefield. 



[Appointed by the Mayor and Aldermen.] 



CITY OFFICERS. 121 



POLICE OFFICERS AND WATCHMEN. 



Henry J. V. Myers, 
Joseph Hubbard, 
Hawley Folsom, 
James Ball, 



Wm. D. Cook, 
Elliot Trask, 
John J. Hastings, 
Morrill P. Berry, 



[The Police and Watchmen are appointed and their pay determined by the 
Mayor and Aldermen.] 



CORONER. 

Thomas Adams. 



CAPTAIN OP THE WATCH. 

[Vacant.] 

TRUANT OFFICER. 

Moses Gragg. 



HEALTH DEPARTMENT. 

BOARD OF HEALTH. 

The Mayor and Aldermen. 

CONSULTING PHYSICIANS. 

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

[Appointed by the Mayor and Aldermen, in May or June. Ordinance No. 14.] 

16 



122 CITY OFFICEKS. 

SUPERINTENDENT OF BURIAL GROUNDS. 

The Undertaker. 

UNDERTAKER. 

John C. Seaver. 

[Ordinance No. 12.] 



ce:meteiiy at forest hills. 

BOARD OF COMMISSIONERS. 

[Elected by the City Council. See Act.] 

Term Expires. 

Jonathan French, March 1855. 

Francis C. Head, " 1856. 

Alrah Kittredge, " 1857. 

William J. Reynolds, " 1858. 

Linus B. Comins, " 1859. 

Alvah Kittredge, Chairman. 
Francis C. Head, Secretary. 
Joseph "W. Dudley, City Treas., Treasurer. 
Joseph W. Tucker, Register. 
Daniel Brims, Superintendent. 



The foUo-^ing officers are first elected by the Mayor and 
Aldermen, and then sent to the Common Council for 
their concui^rence. They arc all paid by fees. 

Field Drivers and Hogreeves. — Bradbury Pevear, 
William Lingham, William D. Cook, John J. Hastings, 
James Ball. 

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

Pound Keeper. — Phineas B. Smith. 



CITY OFFICERS. 123 

Tytlmigmen. — TVni. C. Hunneman, Nathaniel Adams, 
Jeremiah Dalton. 

Sealers of Leather. — James Guild, Reuben Winslow. 

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

Measurers of Wood and Bark. — Henry Basford, Jo- 
seph Bugbee, Elbridge A. Hovey, Royal L. Hodsdon, Geo. 
B. Faunce. 

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. 

SCHOOL COMMITTEE. 

John "Wayland, Chairman, 
Joshua Seaver, Secretary, 

Elected at Large. 

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

Elected by Wards, 

Ward 1. Ward 2. 

John Jones, Joshua Seaver, 

Joseph Bugbee. Charles Marsh. 



124 



PUBLIC SCHOOLS. 



Ward 3. 

Julius S. Sliailer, 
Joseph II. Strccter, 



Ward 4, 
John Waylaud, 
John W. Ohnstead. 



Ward. 5. 



Daniel Leach, 
Bradford K. Peirce. 



SUB-COMMITTEES. 

Books. — Messrs. Wayland, Leach, Shailer, Peirce, 
Morse. 

On Finance. — Messrs. Seaver, Crafts, Jonesl 

On Regulations. — Messrs. Crafts, Ryder, Streeter. 

Filling Vacancies of Teachers, in Primary and In- 
termediate Schools. — Messrs. Wayland, Morse, Leach, Ry- 
der, Olmstead. 

OF DIFFERENT SCHOOLS. 



Schools. 


Location. 


Local Committee. 


English High, 


Dudley Street, 




Shailer, Leach, Peirce. 


Latin, 


Mount Vernon Place 




Trustees. 


Dudley, 


Kenilworth Street, 
Barllett Street. 


> 

5 


Peirce, Streeter, Olmstead. 


Washington, 


Washington Street, 




Ryder, Crafts, Seaver. 


Dearborn, 


Davis Street, 




Morse, Jones, Marsh. 


Intermediate, 


Vernon Street, 




Seaver. 



PUBLIC SCHOOLS. . 125 

Latin School. — Boys. 
Augustus H. Buck, Principal. 



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

Robert C. Metcalf, Assistant. 

These Schools are under the direction of a Board of Trustees, consisting of 
the foJlowing gentlemen : — 



George Putnam, President. 
I. M. Spelman, Treasurer. 
Chas. K. Dillaway, Secretary. 
Samuel Guild, 
Enoch Bartlett, 
Caleb Parker, 
D. A. Simmons, 



Samuel H. Walley, 
Benjamin Kent, 
B. E. Getting, 
A. G. Thompson, 
Theodore Otis, 
S. P. Blake, 
I. M. Spelman. 



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

Washington. — Boys. 

Greene L. Weston, Principal. 

Benjamin C. Vose, Sub-Master. 

Harriet E. Burr ell, A. M. Williams, Sarah H. Page, H. 
K. H. Chadbourne, Margaret A. Mathews, Sarah H. Vose, 
Assistants. 

Deaeborn. — Boys. 
William H. Long, Principal. 

Louisa E. Harris, Martha Stone, S. Frances Haskell, 
Henrietta M. Young, Assistants. 

Dudley. — Girls. 

Jeremiah Plympton, Principal. 

Adeline Seaver, Jane E. Barry, Louisa Tucker, Clara B, 
Tucker, Ellen A. Marean, Caroline C. Russell, Mary C. 
Eaton, Caroline Lord, Elizabeth W. Young, Caroline Al- 
den, Almira AV. Chamberline, Assistants. 

Intermediate. — Boys. 
Delia Mansfield, PrincipaL 
Nancy L. Tucker, Assistant. 



126 



PUBLIC SCHOOLS 
PRIMARY SCHOOLS— 1854. 



Teachers. 



1. 

2. 

8. 

4. 

5. 

6. 

7. 

8. 

9. 
10. 
IL 
12. 
13. 
14. 
15. 
16. 
17. 
18. 
19. 
20. 
21. 
22. 
23. 
24. 
25. 
26. 
27. 
28. 



Sarah T. Jenuison 

Emma E. Torrey 

L. Annie Sawyer 

Elizabeth A. Morse 

Eliza C. Parmelee 

Caroline J. Nash 

Ann M. Horn 

S. L. Durant 

Catherine H. Codman. .. 

Cornelia J. Bills 

Harriet S. Farnum 

Ann Crowninshield 

Louisa Mitchell 

Elvina IMorse 

Mary A. Waldock 

Emily Gardner 

Almira W. Chamberlain. 

Henrietta M. Wood 

Mary A. Morse 

Caroline N. Heath 

Elizabeth F . Thomas . . . 



Sarah A. Dudley. .. . 

H. B. Scammell 

Margaret G . Cheney . 
C. B. Thompson . . . . 
Sarah E. SpoflFord... 
Plooma A. Savage.. . 
Sarah W. Holbrook.. 



Location. 



Yeoman street 

Yeoman street 

Eustis street 

Eustis street 

Sumner street 

Sumner street 

Vernon street 

Vernon street 

Oxford street 

Oxford street 

Avon place 

Avon place 

At the Mill Dam.. 

Smith street 

Smith street 

Orange street 

Orange street 

Centre street.... . . 

Centre street 

Centre street 

Edinboro' street... 
Edinboro' street.. . 

Elm street 

Elm street 

Munroe street 

Binney street 

East street 

Ruggles street 

Almshouse School. 



Committee. 



Bugbee. 

Bugbee. 

Morse. 

Morse. 

Jones. 

Jones. 

Seaver. 

Seaver. 

Olmstead. 

Olmstead. 

Marsh. 

Marsh. 

fliarsh. 

Crafts. 

Crafts. 

Shailer. 

Shailer. 

Ryder. 

Ryder. 

Streeter. 

Shailer. 

Shailer. 

Leach. 

Leach. 

Peirce. 

Crafts. 

Streeter. 

Olmstead. 

Seaver. 



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



WARD OFFICERS. 



12T 



WARD OFFICERS. 



Ward 1. 

Warden. 
Henry W. Farley. 

Clerk. 
George H. Pike. 

Inspectors. 

William Morse, 
George Everett, 
Chester H. Morse. 



Ward 3. 

Warde7i. 

Nelson Curtis. 

Clerk. 
Joseph A. Rogers. 

Inspectors. 

Joseph Morrill, Jr., 
James L. Callender, 
Edward L. Cowdry. 



Ward 2. 

Warde7i. 
Joshua Seaver. 

Clerk. 
Royal L. Hodsdon. 

Inspectors. 

Henry Basford, 
William WejTuouth, 
Benjamin F. Stone. 



Ward 4. 

Warden. 
Israel M. Spelman. 

Clerk. 
Darius F. Young. 

Inspectors. 

William J. Mathes, 
William J. Reynolds, 
Edward Reynolds. 



Ward 5. 



Warden. 
Sylvester Bliss. 



Clerk. 
G. P. R. Walker. 



hispectors. 

Henry Parkhurst, William K. Lewis, 

Abraham S. Wiley. 



128 WARDS 



WARDS, 

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

WARD 1. Beginning on Washington street, at the di- 
vision line between Boston and Eoxbury ; thence on the 
easterly side of Washington street, to the Norfolk and 
Bristol turnpike ; thence on the easterly side of said turn- 
pike, to Dudley street; thence on the northerly side of 
said street, to Eustis street ; thence on the easterly side 
of Eustis 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 Rug- 
gles to Pai'ker street ; thence crossing Parker street, over 
the marshes on the northerly side of said street to the 
creek, which is the dividing line between Brookline and 
Roxbury. 

WARD 3. Beginning at the division line between Rox- 
bury and Brookline on Washington street ; thence on the 
northerly side of Washington street to the junction of Cen- 
tre and Washington streets ,* thence crossing Washington 
to Dudley Street ; thence on the northerly 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 Ruggles 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. 



WARDS. 129 

WARD 4. Beginning at the division line between Rox- 
bury 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 westerly side of said turn- 
pike to a stone monument p thence in a strait line to a stone 
monument near Leonard Hyde's on Centre street, being the 
division line between West Roxbury and Roxbury ; thence 
in a direct line to the division line between Brookline, Rox- 
bury and West Roxbury. 

WARD 5. Beginning at the Roxbury and Dorchester 
line on Eustis street ; thence on the westerly side of said 
street to Dudley street ; thence on the southerly side of said 
street to Norfolk and Bristol turnpike : thence on the easterly 
, side of said turnpike to Seaver street ; thence on the north- 
erly side of Seaver street to Brush Hill turnpike ; thence 
in a direct line to Dorchester line. 



WARD ROOMS 



Ward 1. Primary School House, Eustis street. 

" 2. Vestry Tremont Baptist Church, Ruggles street. 

" 3. City Hall, Dudley street. 

" 4. Octagon Hah, Dudley street. 

" 5. Vestry Methodist Church, Warren street. 



17 



130 BIODES AND TDIES OF APPOINTMENT OF CITY OFFICEES. 



Modes aiid times of appointinent of the various City 

Officers, 



City Clerk — in Convention, . 

Undertaker — Mayor and Aldermen, 

Chief and Assistant Engineers — in 
Convention, .... 

Commissioner of Streets — Mayor and 
Aldermen, 

Field Drivers and Hogreeves, Fence 
Viewers, Pound Keeper, Tything- 
men, Sealers of Leather, Surveyors 
of Lumber, Measurers of Wood 
and Bark, AVeigher of Hay, Sealer 
of Weights and Measures, Weigh- 
ers of Coal — Concurrent vote, first 
acted upon by the D.Iayor and Al- 
dermen, ..... 

Officer to complain of Truants, — 
Mayor and Aldermen, . 

Assessors — In Convention, 

Captain of .Watch, Police, and 
Watchmen — Mayor and Alder- 
men, 

Constables — Mayor and Aldermen, 

City Treasurer — In Convention, 

Consulting Physicians — Mayor and 
Aldermen, 

City Messenger — Concurrent vote, 
first elected by the Mayor and 
Aldermen, ..... 

Superintendent of Burial Grounds — 
Mayor and Aldermxcn. 



Joinuary. 

April. 
January. 



April. 

January. 
April. 



April. 

April. 

January. 

May or June. 



April. 
April. 



TAXES. 131 



TAXES. 

The amount of taxes assessed on the Real and Personal 
Estates in the City of Roxbury, from 1846 : 

1846. 
Valuation of Real and Personal Estates, |12,543,900.00 



At |5.00 per $1,000, is ... . 62,719.50 

No. of Polls 3,668, at |1.50 each is . . 5,502.00 



Total Tax for 1846, .... j. $68,221.50 



1847. 
Valuation of Real and Personal Estates, $12,628,300.00 



At $5.70 per $1,000, is ... . 71,981.31 

No. of Polls, 3,806, at $1.50 each, is . . 5,709.00 



Total Tax for 1847, .... $77,690.31 



1848. 
Valuation of Real and Personal Estates, $13,174,600.00 



At $5.70 per $1,000, is . . . . 75,095.22 

No. of Polls, 3,999, at $1.50 each, is . . 5,998.50 

Total Tax for 1848, $81,093.72 



132 TAXES, 

1849. 

Valuation of Real and Personal Estates, $13,476,600.00 



1850. 



At $6.20 per $1,000, is ... . 83,554.92 

No. of Polls, 3,982, at $1.50 each, is . . 5,973.00 



Total Tax for 1849, .... $89,527.92 



Valuation of Real Estate, . . . . $9,560,800.00 
Valuation of Personal Estate, . . . 4,152,000.00 



$13,712,800.00 



At $6.20 per $1,000, is ... . 85,019.36 

No. of Polls, 4,125, at $1.50 each, is . . 6,187.50 

Total Tax for 1850, .... $92,106.86 



1851.* 

Valuation of Real Estate, .... $9,649,600.00 
Valuation of Personal Estate, . . . 4,283,600.00 



$13,933,200.00 



At $6.60 per $1,000, is ... . 91,959.12 

No. of Polls, 4,125, at $1.50 each, is . . 6,334.50 

Total Tax for 1851, .... $98,293.62 

* West Roxbiiry set off this year. Valuation of whole included. 



TAXES. 133 



1852. 



Valuation of Real Estate, .... $8,786,400.00 
Valuation of Personal Estate, . . . 3,148,800.00 



$11,935,200.00 



At $6.40 per $1,000, is .... 76,385.28 

No. of Polls, 3,440, at $1.50 each, is . . 5,160.00 

Total Tax for 1852, .... $81,545.28 



1853. 

Valuation of Real Estate, .... $9,070,800.00 
Valuation of Personal Estate, . . ' . 3,361,800.00 



$12,432,600.00 



At $7.80 per $1,000, is . . . . 96,974.28 

No. of Polls, 3,623, at $1.50 each, is . . , 5,434.50 

Total Tax for 1853, . . . . $102,408.78 



134 



VALUATION OF ESTATES, NUMBER OF POLLS, ETC. 



TALUATION OF ESTATES, 
And number of Polls in Roxbury, from 1S36 to 1854 



1836 
1837 
1838 
1839 
1840 
1841 
1842 
1843 
1844 
1845 
1846 
1847 
1848 
1849 
1850 
*1851 
1852 
1853 



*We6t Roxbury set off, 1851. 



$5,582,400 

5,875,000 

5.979,900 

6,438,600 

6,721,000 

6,941,600 

7,341,000 

7,710,000 

8,578,600 

9,569,800 

12,543,900 

12,628,300 

13,174,600 

13,476,600 

13,712,800 

13,933,200 

11,935,200 

12,432,600 



1,833 
2,114 

2,047 
2,129 
2,300 

2,474 
2,570 
2,554 
2', 977 
3,433 
3,668 
3,806 
3,999 
3,982 
4,125 
4,223 
3,440 
3,623 



POPULATION OF ROXBURY 



1765 


Al UL 


r r L,t\.r. 


L\ 1 rCItlULTO 


1,487 


1790 








2,226 


1800 








2,765 


1810 








3,669 


1820 








4,135 


1830 








5,247 


1840 








9,089 


1850 








18,316 



AMOUNT PAID FOR SCHOOLS, ETC. 135 



Amount paid for Schools, including the building and 
repair of School Houses, 



Year. 


Teachers' Pay, Fuel, 
and Ccntiiigeiicies. 


New School Houses. 


Total. 


1846 


$17,104.01 


$8,887.96 


$27,991.97 


1847 


20,555.23 


7,953.37 


28,508.60 


1848 


* 24,422.69 


20,916.54 


45,338.13 


1,849 


25,480.80 


4,198.59 


29,578.39 


1850 


26,177.86 


3,660.55 


29,738.41 


1851 


21.976.32 


15,013.31 


36,989.63 


1852 


24,709.61 


7,949.24 


32,658.85 


1853 


26,391.51 


3,899.12 


30,290.63 



Avnount paid for Repair o/ Highways. 



1846 








7,750.83 


1847 








9,853.38 


1848 








10,029.93 


1849 








12,015.06 


1850 








12,129.46 


1851 








9,698.58 


1852 








19,364.30 


1853 








. 15,537.45 



136 PAID FOR SUPPORT OP POOR, FIRE DEPARTMENT, ETC. 



Amount paid for 'SiVVV 0^11 of Poor. — Net cost. 



Year. Average Whole No. Net Cost. 

No. inmates. admitted. 

1846 120 410 $5,586.15 

1847 187 762 9,751.95 

1848 242 710 6,152.40 

1849 216 627 9,207.40 

1850 240 628 8,229.08 

1851 227 630 8,478.96 

1852 185 507 6,737.49 
■1853 155 356 7,227.14 

[Note. — The amount given as the net cost of the respective years is not strictly cor- 
rect, in every instance, as the accomits against the Commonwealtli have in some Instan- 
ces been disallowed by the State Auditor, and a part of them subseciuently allowed by 
the Legislature.! 



Amount paid for support of Fire Department, pay of 

Members, Building Engines, Houses, and 

repair thereof. 

Year. Reservoirs. Fire Department. Total. 

1846 $1,299.00 $5,941.12 $7,240.12 

1847 2,090.00 6,635.79 8,725.79 

1848 1,993.81 5,493.06 7,486.87 

1849 1,271.47 5,869.14 7,140.61 

1850 912.44 5,407.76 6,320.20 

1851 6,618.99 6,618.99 

1852 670.77 7,634.54 8,305.31 

1853 1,747.33 8,232.33 9,979.66 



PAID FOR POLICE AND WATCH, AND LAMPS. 



137 



Amount paid for Police and Watch. 



1846 


. $2,363.96 


184t 


3,965.65 


1848^ . 


4,408.41 


1849 


5,004.08 


1850 


4,075.89 


1851 


3,427.27 


1852 


4,271.30 


1853 


4,419.75 



Amount paid for Lamps. 



1846 






$849.06 


1847 




935.94 


1848 






899.01 


1849 






1,094.75 


1850 






1,221.18 


1851 






1,362.63 


1852 






2,431.47 


1853 






3,243.14 



18 



NAMES 

0/ 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. 

Linus Bacon Comins, 1854. 

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, 54. 

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, 54. 

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. 

John Sherburne Sleeper, 1853. 

Charles Hickling, 1853, 54. 

Joseph Nathaniel Brewer, 1854. 

George JefFerds Lord, 1854. 

Robert Wilkins Ames, 1854. 

Calvin Barstow Faunce, 1854. 

Benjamin Perkins, 1854. 



* Died July 29th, 1851, at Portland, Me. Samuel Walker was elected by th« two bran- 
ches of the City Council, August 11th, to fill the vacancy. 



139 



PRESIDENTS OP THE COMMON COUNCIL. 



Francis George Shaw, 1846. 
Linus Bacon Comins, 1847, 48. 
William Augustus Crafts, 1849, 50, 51. 
William Gaston, 1852, 53. 
James Munroe Keith, 1854. 



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 Jeffords Lord, 1852, 53. 

Franklin Williams, 1853, 54. 

Joseph Houghton Chadwick, 1853, 54. ' 

Joseph Gendell Torrey, 1854. 

Thomas Farmer, 1854. 



^ Ward 2. 

Abraham Gearfield Parker, 1846, 47, 43. 
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, 54. 
Arial Ivers Cummings, 1852, 53. 
Joseph Houghton, 1852, 53, 54. 
Wilder Beal, 1852. 
Phineas Colburn, 1853, 54. 
Henry Basford, 1854. 



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



140 



Ward S. 
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 Crawshaw, 1851. 
True Russell, 1852. 
John Wells Parker, 1852, 53. 
Calvin Barstow Faunce, 1852, 53. 
William Lewis Hall, 1853. 
Charles Bayley Bryant, 1854. 
Horace King, 1854. 
Obed Rand, 1854. 
Alden Graham, 1854. 



Ward 4. 

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

Joseph Nathaniel Brewer, 1846, 47, 48, 49, 50, 51, 52, 58, 

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, 54. 

Joseph Bond Wbeelock, 1854. 

George William Tuxbury, 1854. 

John Roulston Hall, 1854. 



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 Hiclding, 1852. 

William Sherman Leland, 1852, 53. 

William Davis Adams, 1852, 53, 54. 

Isaac Sanderson Burrell, 1852, 53. 

William Bird May, 1853, 54. 

Walden Porter, 1854. 

James Rlururoe Keith, 1854. 



141 

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 Styles, 1850, 51. 
William Henry Gray, 1851. 
Joha Richardson, 1851. 



Ward 7o 

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 Rlann, 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 A«1 
of the Legislature, May, 2i, 1851, iuto the towu of West R&.\bury. 



INDEX. 



Acceptance of Charter, - - 17 

of amendments, - - 20, 23 

Accounts, committee on, - • 114 

Act relating to public cemetery, - 24 

additional relating to do., - 26 

to regulate storage and traus- 

portatiou of gunpowder, 28 
relating to town and private 

ways, - - - 29 

concerning powers of cities, 30 
relating to town and county 

roads, - - - 31 
concerning erection of balus- 
trades upon buildings in cities, 31 
Imposing penalty on town or 
city officers for neglect of 
certain duties, - - 32 
In relation to public health, S2 
in relation to laying out high- 
ways and other ways, - 34 
in relation to railroad crossings, 35 
concerning truant children, 36 
relating to the erection and 

use of buildings for stables, 37 

providing for appointment of 

police officers, - - 38 

Aldermen, rules and orders of, - 97 

Board of, - - - 112 

Almshouse, superintendent of, - 118 

physician of, - - 118 

Amendments to city charter, - 18, 21 

Assessors, how chosen and pay of, 117 

assistant, do., - - 117 

B 

Balustrades. CSee Act.) - - 31 

Board of Health, - - - 121 

Burials, ordinance in relation to, - 51 

Burial Grounds, committee on, - 115 

superintendent of, - - 122 
By-Laws. (See Ordinances.) 



Captain of the Watch, 
Cemetery, act relating to public, 



121 



Census, at various periods, - 134 

Chief Engineer, ... 1191 

City Charter, ... 3 

City Clerk, - - • - 113 

City Council, joint rules and orders of, 106 

joint standing committees of, 114 
City Messenger, - - - 113- 
City Ordinances, ... 39 
City Treasurer, - - . 117 
Cities, act concerning power of, - 30 
Clerk of the Common Council, - 113 
Clerks of Wards, - - - 127 
Committees, standing of Board of Al- 
dermen, ... 116 

of the Common Council, - 117 

Common Council, rules and orders of, 99 

Commissioner of Streets, . - 113 

of Forest Hills Cemetery, 122 

Companies, Engine, - - 119 

Constables, - - - - 120 

Coroner, .... 121 



E 



Engineer, Chief, how chosen and pay of, 119 
Engineers, Assistant, do., - - 119 

Engines, location and foremen, - 119 

Engine Companies, pay of, - - 120 

Estates, valuation of, - - 134 



Fence Viewers, . - - 122 

Field Drivers, - - - 122 

Finance, committee on, - • 114 

Forest Hills Cemetery, - - 122 

Fire Department, committee on, - 115 
Engines, Hose Co., Hook and 

Ladder, - - - 119 

pay of officers and members, 120 

amount paid for support of, 136 

Fuel, committee on, - - 115 



G 



Government of the City, - - 112 

GuuDowder. (See Act.) . - 28 



24 Gunpowder. (See Act.) 



INDEX. 



143 



H 



Hay, weighers of, - - - 123 

Health, Board of, - - - 121 

Highways, committee on, - - 115 

surveyors of, - - 118 

amount paid for, - - 135 

Hogreeves, - - - - 122 



Inspectors of Elections, - - 127 

Instruction, public, committee on, 114 

Instructors of schools, - - 125 



Lamps, committee on, - - 116 

amount paid for, - - 137 

Lumber, surveyors of, - - 123 



M 



Mayor, ... - 112 

Mayors, past, ... 138 

Measures of wood and bark, - 123 

Members of City Council, past, - 138 
Modes and times of appointment of 

various city officers, - 130 



o 



Ordinances of the City, 

No. 1. Prescribing the manner 
of recording the ordinances, 39 

No. 2. Concerning the form of 
Warrants, service, &c., - 39 

No. 3. Relating to the election 

of certain city ofiicers, - 41 

No. 4. Authorizing the ap- 
ment of City Marshal. - 42 

No. 5. Establishing the office 

of City Messenger, - 44 

No. 6. Establishing a system 
of accountability in the ex- 
penditures of the city, - 45 

No. 7. Regulating the use of 
Chemical Laboratories, &c., 48 

No. 8. Establishing a system 
for collecting the taxes of 
the city of Roxbury, - 48 

No. 9. Establishing the office 
of Commissioner of Highways, 49 

No. 10. Regulating the Fire 
Department, - - 50 

No. 11. Establishing a Watch, 50 

No. 12. In relation to Burial 
Grounds and Interments, 51 

No. 13. To prevent unlawful 
and injurious practices in 
the streets and other public 
places of the city, - 53 

No. 14. Prescribing rules and 
regulations relative to nui- 
sances, sources of filth, <fcc., 59 

No. 15 Directing the manner 
in which the Ordinances of 



Ordinances of the City. 

the City Council shall be 
promulgated, - - 64 

No. 16. Restraining the going 
at large of Dogs in the city, 65 

No. 17. Requiring a separate 
record to be kept of the 
streets and highways, - 67 

No. 18. To establish the City 

Seal, - - - 67 

No. 19. Relative to the enact- 
ing style of the City Ordi- 
nances, - - - 68 

No. 20. Providing for the ex- 
ecution of Deeds, &c., - 70 

No. 21. Regulating the Fire 
Department, - - 70 

' No. 22. Relating to the ex- 
penditures for Schools, - 71 

No. 23. To prevent unlawful 
practices in the streets, &c., 72 

No. 24. Establishing the name 
of the Rural Cemetery, - 72 

No. 25. In relation to num- 
bering houses, (fee, - 73 

No. 26. Relative to nuisan- 
ces, sources of filth, &c., 73 

No. 27. In relation to Burial 
Grounds and Interments, 74 

No. 28. To prevent unlawful 
practices in the streets, &c., 75 

No. 29. Prescribing the form 
of Deeds for conveyance of 
lots in Forest Hills Cemetery, 75 

No. 30. Regulating the Fire 
Department, - - 79 

No. 31. Establishing a Watch, 80 

No. 32. Relative to nuisan- 
ces, sources of filth, &c., 80 

No. 33 In relation to truant 
children and absentees, - 81 

No. 34. Regulating the Fire 
Department, - - 81 

No. 35. In relation to truant 
children and absentees, - 89 

No. 36. Relative to nuisan- 
ces, sources of filth, &c., 89 

No. 37. Establishing the office 
of City Crier, - - 90 

No 38. In relation to truant 
children and absentees, - 91 

No. 39. Concerning the re- 
moval of Offal and Night Soil, 92 

No. 40. Establishing the office 
of Commissioner of Streets, 94 

No. 41. In relation to the ac- 
ceptance of streets, - 95 
Overseers of the Poor, - - 118 



Physician to almshouse, - - lig 

Physicians, consulting, - - 121 

Police Department, - . - 120 

Officers, - - - 121 

and Watch, amount paid for, 137 

Poor and Almshouse, committee on, 115 

amount paid for support of, 136 

Pound Keeper, - - - 122 

President of Common Council, - J 13 



144 



INDEX. 



Presidents past, Common Comicil, 
Property, committee on public, 
Public Schools, . - . 



139 

114 
123 



17 



Record of acceptance of City Charter, 

Record of acceptance of Ameud- 

meiits, - - - 20, 23 

Roads, Town and County. (See Act.) 31 

Rules and Orders, 

Board of Aldermen, - 97 

Common Council, - - 99 

joint, - - - 106 



School Committee, - - . 123 

Schools, Sub-Committee of, - 12-1 

location of, - - - 12i 

local committee of, - 124 

instructors of, - - 125 
primay, the number, location, 

committee and instructors, 126 

amount paid for, - - 135 

Sealer of weights and measures, - 123 

Sealers of leather, ... 123 

State Laws, - - - - 24 

Streets, Commissioner of, - - 118 

Superintendent of almshouse, - 118 

of burial grounds, - • 122 



Surveyors of Highways, 
of lumber, - 



Taxes, collector of, - 

amount assessed. 
Treasury Department, 
Treasurer, City, 
Truant olficer, 
Tythingmen, - 



u 



Undertaker, funeral, 

W 

Ward officers, 

boundaries of, 
Ward Rooms, 
Wardens, ... 
Watchmen, - . . 

Weighers of hay, 

of coal. 
Weights and Measures, sealer of, 
Wood and Bark, measurers of, 



118 
123 



117 
131 
117 
117 
121 
123 



122 



127 
123 
129 
127 
121 
123 
123 
123 
123 



INDEX TO RULES AND ORDERS. 



Accounts, committee on, - - - 106 

Adjournment, ----- i]o 

Aliiislioii.se, committee on, - - 106 

Appo iitmeiits, 97 

Blank Ballots, 105 

Bridiies, coiniiiiitee on, - - - J07 

Burial Groiiiuls, committee on, - 107 

Business, order of, - - - - 97 

By Laws, 108 

suspension, by what vote, - 98 

in convention, - - - 110 

Clerk, to draw u|i messages, - - 104 

duties in the Council, - - 105 

duties in committees, - - 105 

ordinances to be enrolled by, 109 

Committees, appointed or elecied, 98 

not to sit during session Council, 104 

notice of first meeting, - 104 

chairman, - - - - io4 

length of notice of meetings, 105 

time to report, - - - 105 

rules of proceedings, - - 105 

arts, coiitrarts, reports, &c., 108 
Standing, of Uoard of Aldermen, 98 

of Common Council, - - 103 

duties (if, . - . . 105 

Special, how constituted, - 104 

Joint standing, when chosen, 106 

chairman, - - - - lo7 

Conference, 107 

Debts, created by "what vote, - - 110 

Elections, 97 

Finance, committee on, - - - 106 

Fire Department, committee on, - - 107 

Fuel, committee on, - - - io6 

Highways, committee on, - - 107 

Instruction, pulilic, committee on, - 106 

Journal, reading of, - - - - 97 

Mayor, to appoint committees, - 98 

chairman of joint committees, 107 

to sign ordinances, - - 109 

Lamps, com^iiittee on, - - - lo7 
Members,ii)troduction of new business by, 97 



Members, interruption of,- - - 98, 102 
conduct in debate, - - 101 
speech on same question, - 102 
motions, reduced to wrilin;:, 102 
motion for a reconsideration, 102 
vote, ----- 103 
call for division of question, 103 
reading of papers, - - 103 
motion for susjiension or re- 
peal of standing rule or order, 103 
notice of time of adjournment, 103 
obligation us to committees, 103 
Memorials, - - - - .. - 103 
Messages, - - - - ]04, 110 
Messenger, to convey messages, 104, 110 

New business, 97 

Nominations, 97 

Non-concurrence, - - _ . 108 

Orders of the day, - - - - 97 

Orders, passage of, - - - - 109 

Ordinances, passage of, - - 97, 104, 109 

rejection of - - - - 98 

transmission of, - . . ]09 

titles, when ]irefl.\ed, - - 109 

Petitions, 97 

Poor, committee on, - - - - 106 

President, on taking the chair, - - 99 

preservation of order, - - 99 

declaration of vote, - - 99 

expression of his opinion, - 100 

taking of questions, - - 100 

vote, 100 

questions and motions in order, 100 

putting the previous question, 101 

assigning the lloor, - - Jul 

to appoiiil committees, - 101 

Property, public, committee on, - 106 

Reports, 108 

Salaried officers, how voted for, - 105 

Seals, 104 

Sidewalks, committee on, - - 107 

Votes, form of, 108 

reconsideration of, - - 110 



19 



ADDENDUM. 



[This Act ■was accidentally omitted in its proper place.] 

AN ACT 
Concerning Streets and Ways in the City of Roxbury. 
Be it enacted by the Senate and House of Representatives^ 
in General Court assembled^ and by the authority of the 
same, as follows: 

Sect. 1. When any street or way, which now is or here- 
after shall be opened in the city of Roxbury, over any pri- 
vate land, by the owners thereof, and dedicated to or permit- 
ted to be used by the public, before such street shall have 
been accepted and laid out according to law, it shall be the 
duty of the owners of the lots abutting thereon, to grade 
such street or way at their own expense, in such manner as 
the safety and convenience of the public shall, in the opinion 
of the mayor and aldermen of said city, require, and if the 
owners of such abutting lots shall, after reasonable notice 
given by the said mayor and aldermen, neglect or refuse to 
grade such street or way in manner aforesaid, or to close the 
same from the public, if the same shall not have been dedicated 
to the public use, it shall be lawful for the said mayor and al- 
dermen to cause the same to be graded as aforesaid, and the 
expense thereof shall, after due notice to the parties interested, 
be equitably assessed upon the owners of such abutting lots, 
by the said mayor and aldermen, in such proportions as they 
shall judge reasonable; and all assessments so made shall be a 
lien upon such abutting lands, in like manner as taxes are now 
a lien upon real estate: provided, always, that nothing con- 
tained in this act shall be construed to affect any agreements 
heretofore made respecting any such streets or ways as afore- 
said, between such owners and said city : provided also, that 
any such grading of any street or way, by the mayor and 
aldermen as aforesaid, shall not be construed to be ah ac- 
ceptance of such street or way by the city of Roxbi.ry. 

Sect. 2. No street or way shall hereafter be opened as 
aforesaid in said city, of a less width than thirty feet, except 
with the consent of said mayor and aldermen', in writing, first 
had and obtained for that purpose. 

Sect. 3. This act shall take effect in thirty days from 
the passing thereof, unless the city council of said city shall 
within that time vote not to accept llie same. 

[Approved by the Governor, April 12, 1853.J 



) 



PUBLIC LIBRARY 

OF THE 

CITY OF BOSTOlSr 



ABBREVIATED REGULATIONS. 

One volume can be taken at a time from the 
Lower Hall, and one from the Bates Hall. 
Books can be kept out 14 days. 

A fine of 2 cents for each volume will be 
incurred for each day a book is detained more 
than 1-t days. 

Any book detained more than a week be- 
yond the time limited, will be sent for at the 
expense of the delinquent. 

Ko book is to be lent out of the household 
of the borrower. 

The Library hours for the delivery and re- 
turn of books are from 10 o'clock, A. M., to 
8 o'clock, P. M., in the Lower Hall ; and from 
10 o'clock, A. M., untU one half hour before 
sunset in the Bates Hall. 

Every book must, under penalty of one dol- 
lar, be returned to the Library at such time 
in August as shall be publicly announced. 

The card must be presented whenever a 
book is returned. For renewing a book the 
card must be presented, together with the 
book, or with the shelf-numbers of the book. 



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