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

If 






Digitized by the Internet Archive 

in 2010 with funding from 

Boston Public Library 



http://www.archive.org/details/citydocuments5513roxb 



City Document — No. 13. 



AN ACT 



TO ESTABLISH A 



POLICE COURT 



IN THE 



CITY OF ROXBURY. 




ROXBURY: 

NORFOLK COUNTY JOURNAL PRESS. 

1855. 



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 
Council. 

JOSEPH W. TUCKER, City Clerk. 



Cflmmonkritfj of Ifesdjusrik 

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

AN ACT 
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- 
tice. 

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 
said justice. 

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 
court. 

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- 
folk. 

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 
Roxbury. 

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. 
Approved. 

HENRY J. GARDNER. 

Secretary's Office, Boston, April 9, 1855. 
I hereby certify that the foregoing is a true copy of the 
original act. 

E. M. WRIGHT, 
Secretary of the Commonwealth*