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City Document — No. 13.
TO ESTABLISH A
CITY OF ROXBURY.
NORFOLK COUNTY JOURNAL PRESS.
CITY OF ROXBURY.
In Board of Aldermen, April 16, 1855.
Ordered, That two hundred copies of "An Act to Establish a Police Court
»n the City of Roxbury," passed April 9, 1855, be printed for the use of the City
JOSEPH W. TUCKER, City Clerk.
Cflmmonkritfj of Ifesdjusrik
In the Year One Thousand Eight Hundred and Fifty-Five.
To establish a Police Court 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 folloics :
Section 1. A Police Court is hereby established in
the City of Roxbury, to consist of one competent and dis-
creet person, to be appointed and commissioned by the
Governor, pursuant to the Constitution, as Standing Jus-
Sect. 2. The said court shall have original and exclu-
sive jurisdiction over all crimes, offences and misdemeanors
committed within said City of Roxbury whereof justices
of the peace now have or may hereafter have jurisdiction j
also of all suits and actions which may now or at any time
hereafter be heard, tried and determined before any justice
of the peace in the County of Norfolk, whenever all the
parties shall reside in Roxbury, and service of the writ
shall be had on the defendant in said county : but the ju-
risdiction of the Court of Common Pleas shall not be af-
fected by this act. * The said court shall have original and
concurrent jurisdicion, with justices of the peace in said
County of Norfolk, over all crimes, offences, and misde-
meanors whereof justices of the peace within said county
now have or may have jurisdiction ; also- of all suits and
actions within the jurisdiction of any justice of the peace
within the County of Norfolk.
Sect. 3. An appeal shall be allowed from all judgments
of said Police Court in like manner and to the same ex-
tent that appeals are now allowed by law from judgments
of justices of the peace ; and the Justice of said Police
Court shall not be or act as counsel for any party in any
cause which may be pending in said court, or which shall
have been heard, tried or examined therein.
Sect. 4. The justice of said court shall receive an an-
nual salary of not less than one thousand dollars, the
amount of which, if above that sum, shall be determined
not oftener than once in each year by the concurrent vote
of the city council of said city ; and said salary shall be
paid in equal quarterly payments out of the treasury of
said city, and shall be in full for all services which he is
or may hereafter be required or authorized to perform as
Sect. 5. A court shall be held by said justice at some
suitable place in said City of Roxbury, to be provided at
the expense of said city, on every day of the week, Sun-
days, Christmas, the Fourth of July, and public days of
Thanksgiving and Fast excepted, at nine of the clock in
the forenoon, and as much oftener as may be necessary, to
take cognizance of crimes, offences and misdemeanors ; and
on one day in each week, to be appointed and made known
by said justice, for the entry and trial of civil actions.
And said justice may adjourn said court as justices of the
peace may now adjourn the same hearings or trials, and he
shall from time to time establish all necessary rules for
the orderly and uniform conducting of the business of the
Sect. 6. The justice of said court shall keep a fair
record of all proceedings in said court, and shall make re-
turn to the several courts of all legal processes and of his
doings therein in the same manner as justices of the peace
are now by law required to do ; and he shall also annually,
in the month of December, exhibit to the city council of
said City of Eoxbury a true and faithful statement of all
moneys received by him as fees.
Sect. 7. All fines and forfeitures and all costs in crim-
inal prosecutions in said court shall be received by said
justice, and shall be by him accounted for and paid over to
the same persons in the same manner and under the same
penalties as are by law prescribed in the case of justices
of the peace. All costs in such prosecutions not thus re-
ceived shall be made up, taxed, certified, and allowed, and
shall be -paid in like manner as is provided in case of jus-
tices of the peace.
Sect 8. All fees and charges of said justice, both in
civil and criminal proceedings, shall be received by him,
and by him accounted for and paid to the Treasurer of
said City of Roxbury, quarterly.
Sect. 9. The jurisdiction of said Police Court shall not
be limited by reason of any interest on the part of the
justices of said court in the payment of fines and costs into
the treasury of said City of Roxbury or County of Nor-
Sect. 10. There shall be appointed by the Governor, by
and with the advice and consent of the Council, two spe-
cial justices of said court either of whom shall have power,
in case of the absence, sickness, interest or other disability
of the standing justice, to issue the processes of said court,
to hear and determine any matter or cause pending, and to
exercise all the powers of the standing justice, until such
disability be removed. And said special justices shall be
paid for the services as performed by them, out of the sal-
ary of the standing justice, such sum as the standing justice
would be entitled to for the same service.
Sect. 11. All suits, actions and prosecutions which shall
be pending within said City of Roxbury before any justice
of the peace when this act shall take effect, shall be heard
and determined as though this act had not passed.
Sect. 12. The Governor shall have power, by and with
the advice and consent of the Council, to appoint said
standing' and special justices at any time after receiving
notice of the acceptance of this act by the city council of
Sect. 13. The city council of 'Roxbury may, whenever
the business of said court shall in the judgment of said
council require it, elect, by concurrent vote, a suitable per-
son to act as Clerk of said court. , Such clerk, when de-
termined on, shall be chosen annually, and shall be sworn
to the faithful performance of the duties of his office, and
shall give bond to the City of Roxbury in such sum as the
mayor and aldermen of said city shall from time to time
determine, with surety or sureties to the acceptance of the
city treasurer, with condition for the faithful performance
of the duties of his office. Said clerk shall not be retained
or employed as counsel or attorney in any suit, complaint,
or other proceeding whatever before said court, nor in any
which shall have been heard and tried or examined there-
in. Said clerk, when chosen, shall perform all the duties
required of said standing justice by sections six, seven and
eight of this act. In case of the death or absence of said
clerk after he shall have been chosen, the court shall ap-
point a clerk pro tempore, who shall act until the standing
clerk shall resume the duties of his office or another shall
be chosen, as herein provided; said clerk pro tempore shall
receive the same rate of compensation for his services as
the standing clerk, to be paid out of the salary of said
standing clerk. Said standing clerk shall receive in full
compensation for all his services as clerk, except for cer-
tificates and copies of papers and proceedings of said court,
such sum, annually, as shall be annually fixed upon by con-
current vote of the city council ; and said salary shall be
paid quarterly from the treasury of the City of Roxbury.
Sect. 14. This act shall be void unless the city council
of Roxbury shall, by concurrent vote, accept the same
within sixty days from and after its passage.
House of Representatives, April 6, 1855.
Passed to be enacted.
DANIEL C. EDDY, Speaker,
In Senate, April 7, 1855.
Passed to be enacted.
HENRY W. BENCHLEY, President.
April 9, 1855.
HENRY J. GARDNER.
Secretary's Office, Boston, April 9, 1855.
I hereby certify that the foregoing is a true copy of the
E. M. WRIGHT,
Secretary of the Commonwealth*