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

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Digitized by the Internet Arciiive 

in 2010 witii funding from 

Boston Public Library 



http://www.archive.org/details/citydocuments5519roxb 



THE 



MUmCIPAL REGISTER, 



CONTAINING THE 



CITY CHARTER, 

WITH 

RULES AND OHDERS 

OP 

THE CITY COUNCIL; 

ALSO 

THE ORDINANCES, 

AND A 

LIST OF THE OFFICERS 

OP 
FOR 

.855. 



BOSTON: 

J. M. HEWES, PRINTEE, 81 COENHILL. 

1855. 



CITY CHAETEE. 



COMMONWEALTH OF MASSACHUSETTS. 



In the fear One Thoasaud £iglit Snndred and Forty-Six. 



AN ACT to EstabUsh the City of Roxbury. 

Be it enacted hy the Senate and House of Represen- 
tatives in Qeneral Court assembled, and hy the 
authority of the same, as follows : 

Sect. 1. Theinhabitantsof the Town of Roxbury Roxbury to 

V Qg 2^ citv. 

shall continue to be a body politic and corporate, 
under the name of the City of Roxbury, and as such 
shall have, exercise and enjoy all the rights, immuni- 
ties, 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, pru- Adminis- 

•1 1 ••! rr • o • 1 • -11 tration to 

dential and mumcipal affairs of said city, with the be vested 
government thereof, shall be vested in one principal Awerinen 

(v 111 •! /» • 1 I. and Com- 

omcer, to be styled the mayor ; one council oi eight, mon coun- 
to be called the board of aldermen ; and one council 
of twenty-four, to be called the common council ; 
which boards, in their joint capacity, shall be denom- 
inated 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 quorum, for doing business, and no to serve 
member of either board shall receive any compensa- ^ly"^^ 
tion for his services. 



the To-wn 

intoWards, 



CITY CHARTER. 

Sect. 3. It shall be the duty of the Selectmen of 
the Town of Roxburj, as soon as may be, after the 
passage of this act, and its acceptance by the inhabi- 
tants, as hereinafter provided, to divide said town 
to dhr^wl'^ into eight wards, as follows, to wit : first, by drawing 
a line between the second and third parishes, 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 manner between the 
first and third parishes, and dividing the third parish 
into two wards, to contain as nearly as may be con- 
venient, an equal number of inhabitants : and, third, 
by dividing the first parish into five wards, as nearly 
equal in number of inhabitants as may be consistent 
with convenience in other respects. 
To be re- And it shall be the duty of the city council, once in 
five years fivo vears, to rcviso, and if it be needful, to alter said 

by City »/ ? ? ' 

Council, wards in such manner as to preserve as nearly as may 
be, an equal number of voters in each ward ; pro- 
vided, however, that the second parish shall always 
constitute at least one ward, and the third parish shall 
constitute at least two wards, without any addition of 
territory to either. 
Election Sect. 4. On the second Monday in March, an- 
Sf wa'^den nuallv, there shall be chosen by ballot in each of said 

and Clerk ^ « 

andinspec- wards, a warden, clerk, and three inspectors of elec- 
Eiections. tious, rcsideuts of wards in which they are chosen, 
who shall hold their offices for one year, and until 
others shall have been chosen in their places, and 
qualified to act. It shall be the duty of such warden 
to preside at all ward meetings, with the power of 
moderators of town meetings. And if at any meeting 
the warden shall not be present, the clerk of such 
ward shall call the meeting to order, and preside until 
a warden pro tempore shall be chosen by ballot. And 
if at any 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 inspectors of elections, 



CITY CHARTER. 

to assist the warden in receiving, assorting and count- 
ing the votes. And the warden, 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 justice of the peace for the county of Norfolk. 

All warrants for meetings of the citizens for muni- for'^wal-d 
cipal purposes, to be held either in wards or in general Meetings, 
meetings, shall be issued by the mayor and aldermen, 
and shall be in such form, and shall be served, exe- 
cuted 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 of liiyor 
elected by the qualified voters of the city, at large, counci*L 
voting in their respective wards, and three common 
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 qualified in his 
place. 

Sect. 6. On the second Monday in March, an- i^g°s'^|f^' 
nually, immediately after a warden, clerk and inspec- Meefmgs. 
tors shall have been elected and sworn, the qualified 
voters in each ward shall give in their votes for mayor, 
aldermen and common councilmen, as provided in the 
preceding section ; and all the votes so given, shall 
be assorted, counted, declared, 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 cat^e^s of 
after such an election, shall deliver to the persons Election. 
elected members of the common council, certificates 
of their election, signed by the warden and clerk, and 
by a majority of the inspectors of elections, and shall 
deliver to the city clerk a copy of the records of such 
election, certified in like manner : provided, hoivever, 



b CITY CHARTER. 

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

The board of aldermen shall, as soon as 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 
ofiice, the board shall issue their warrants for a new 
election, and the same proceedings shall be had as are 
hereinbefore provided, for the choice of mayor, and 
repeated from time to time, until a mayor is chosen. 

vaclncyin In caso of the decease, resignation or absence of 

Mayar''^°^the mayor, or his inability to perform the duties of his 
office, it shall be the duty of the board of aldermen 
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 of 

men^^*^^*^" aldermen have not been elected, the same proceedings 
shall be had, as are hereinbefore provided for the 
choice of mayor. Each alderman shall be notified in 
writing of his election, by the mayor and . aldermen 
for the time being. 

Ma^yor's rpj^g ^^j-i^ prescribed by this act, shall be adminis- 
tered 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 the 
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 jus- 
tice of the peace for the County of Norfolk, and a 
certificate of such oath having been taken, shall be 
entered on a journal of the mayor and aldermen, and 
of the common council, by their respective clerks. 
And whenever it shall appear that no mayor has 

convln-° been elected previously to the said first Monday in 



CITYCHARTER. 7 

April, the mayor and aldermen for the time being, no ailyo? 
shall make a record of that fact ; an attested copy of ^^'^^°^®"- 
which the city clerk shall read at the opening of the 
convention to be held as aforesaid. 

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

In case of the absence of the mayor elect, on the in absence 
first Monday in April, the city government shall at first 
organize itself in the manner hereinbefore provided, 
and may proceed to business in the same manner 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 aldermen Mayor pro 
may choose a chairman pro tempore, who shall preside 
at joint meetings of the two boards. 

Each board shall keep a record of its own proceed- EachBoard 
ings, and iudge of the elections of its own members ; Elections 

1 • r n /> T A.' • D of its own 

and m lailure oi election, or m cases ot vacancy, may Members, 
order new elections. And in case of any such va- 
cancy declared by either board, the mayor and alder- 
men shall order a new election. 

Sect. 7. The mayor thus chosen and qualified. Duties of 
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 subordinate 
officers, with power to remove them for neglect of 
duty. He may call special meetings of the boards of 
aldermen and common council, or either of them, 
when necessary in his opinion, by causing notices to 
be left at the places of residence of the several mem- 
bers ; he shall communicate, from time to time, to 
both of them, such information, and recommend such 
measures, as in his opinion the interests of the city 
may require ; he shall preside in the board of alder- 
men, and in convention of the two branches, but shall 
have only a castinor vote. 



Executive 
power in 
the ~ ' 
and 



o CITY CHARTER. 

compensa- rpj^^ salary of the mayor for the first year, in which 

this charter shall take ejSect, shall be six hundred 

dollars, and no more ; his salary shall afterwards be 

fixed by the city council, but neither increased nor 

diminished during the year for which he is chosen ; 

and he shall have no other compensation : provided, 

potnted ^^" fiowever, that the city council shall have power to ap- 

So™e?of point the mayor commissioner of highways, when, in 

Highways, their Opinion, such an office is necessary, and allow 

him a suitable compensation therefor. 

Sect. 8. The executive power of said city gen- 
Awe°- erally, and the administration of the police, with all 
"»«'>• the powers her-etofore vested in the selectmen of 
Roxbury, shall be vested in the mayor and aldermen, 
as fully as if the same were herein specially enume- 
rated. 
Office! -^^^ ^^® mayor and aldermen shall have full and 

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- J^j^^ the mayor and aldermen may require any 

bonds. person, appointed a constable of the city, to give 
bonds, with such security as they may deem reasona- 
ble, 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 con- 
stables' bonds taken by the selectmen of towns. 
Licenses. j^^^^ the mayor and aldermen shall have the same 
power to grant Hcenses to innholders, victuallers and 
retailers within the city, which is possessed by the 
mayor and aldermen of the City of Boston. 
cerf^n°'"' ^^^^ ^^^J couucil shall annually, as soon after their 
Officers, organization as may be convenient, elect, by joint 
ballot in convention, a treasurer and collector of 
taxes, a chief engineer, a city clerk, and three asses- 
sors of taxes, and fix their compensations. They 
shall, also, in such manner as they shall determine, 
appoint or elect all other subordinate officers, for 
whose election or appointments other provision is not 
herein made, define their duties and fix their compen- 
sations. 



CITY CHARTER. » 

All sittings of the common council shall be public, sittings 
and all sittings of the mayor and aldermen shall also p"''''°- 
be public, when they are not engaged in executive 
business. 

The city council shall take care that no moneys be 
paid from the treasury, unless granted or appropri- 
ated ; shall secure a just and proper accountability 
by requiring bonds, with sufficient penalties and sure- 
ties, from all persons trusted with the receipt, cus- 
tody, 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 pur- 
chase property, real or personal, in the name and for 
the use of the city, whenever its interest or conven- 
ience may in their judgment require it. And the 
city council shall, as often as once in a year, cause to 
be published, for the use of the inhabitants, a particu- 
lar account of the receipts and expenditures, and a 
schedule of city property. 

Sect. 9. In all cases in which appointments are Mayor to 
directed to be made by the mayor and aldermen, the "°™'»'^^«- 
mayor shall have the exclusive power of nomination ; 
such nomination, however, being subject to be con- 
firmed or rejected by the board of aldermen ; pro- 
vided, however, that no person shall be eligible to any Members 
office of emolument, the salary of which is payable council 
out of the city treasury, who, at the time of such ^ offi^s^^ 
appointment, shall be a member of the board of alder- menT^"" 
men or of the common council. 

Sect. 10. The city clerk shall also be clerk of Duties of 
the board of aldermen, and shall be sworn to the "^"^ *^^^''''' 
faithful performance of his duties. He shall perform 
such duties as shall be prescribed by the board of 
aldermen, and he shall perform all the duties, and ex- 
ercise all the powers, by law incumbent upon, or 
vested in, the town clerk of the town of Roxbury. 
He shall be chosen for one year, and until another 
shall be chosen and qualified in his place ; but may 
be at any time removed by the city council. 

Sect. 11. The qualified voters of each ward, at 
their respective annual ward meetings for the choice 
of officers, shall elect by ballot one person in each 

2 



10 CITY CHARTER. 

omipoor "^^^^ ^^ ^® ^^ overseer of the poor, who shall be a 
' resident of said ward, and the person thus chosen, 
together with the mayor, shall constitute the board of 
overseers of the poor, and shall have all the powers 
and be subject to all the duties now by law appertain- 
ing to the overseers of the poor for the town of Rox- 
bury. 

School The qualified voters shall, at the same time and in 

Committee ^ ' n t • 

the same manner elect three persons irom the city 
at large, and two persons from each ward to be mem- 
bers of the school committee, and the persons thus 
chosen shall constitute the school committee, and have 
the care and superintendence of the public schools. 
Assistant The qualified voters shall, at the same time and in 

Assessors. . i- ' . 

like manner, elect one person m each ward to be an as- 
sistant assessor, who shall be a resident of said Avard ; 
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 re- 
spective wards, and they shall be sworn to the faithful 
performance of their duty. 
Assessors. The pcrsous 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. 
iw"make -^^^ taxcs shall be assessed, apportioned and col- 
pJ-o^sfon lected in the manner prescribed by law relative to 
tion'of^*^'^' toAvn taxes : j)'>^ovided, Jiowever, that it shall be lawful 
Taxes. f^j. ^j-^g q[-^j couucil to establish further and additional 

provision for the collection thereof. 
Vacancies, Should there fail to be a choice of overseers of the 
howfiiied. poor, members of the school committee, or assistant 
asssssors, in any ward, the vacancy or vacancies shall 
be filled by the city council in convention, in the same 
manner that is provided for filling vacancies in the 
Senate of this Commonwealth. 

Sect. 12. The city council shall have exclusive 
Highways, authority and power to lay out any new street or 
town way, and to estimate the damages any individ- 
ual may sustain thereby, but all questions relating to 
the subject of laying out, accepting, altering, or dis- 
continuing any street or way, shall first be acted upon 



CITYCHARTER. 11 

by the mayor and aldermen. And any person dis- 
satisfied with the decision of the city council in the 
estimate of damages, may make complaint to the Appeal to 
county commissioners of the County of Norfolk, at commls- 
any meeting held within one year after such decision ; ^io^iers. 
whereupon the same proceedings shall be had as are 
now provided by the laws of the Commonwealth in 
cases where persons are aggrieved by the assessment 
of damages by selectmen, in the twenty-fourth chap- 
ter of the Revised Statutes. 

Sect. 13. All power and authority now by law 
vested in the Board of Health for the Town of Rox- health, 
bury, or in the selectmen of said town, shall be trans- 
ferred to, and invested in the city council, to be car- 
ried into execution in such manner as the city council 
shall deem expedient. 

Sect. 14. The city council shall have authority common 
to cause drains and common sewers to be laid down s®^®"^^' 
through any street or private lands, paying the own- 
ers 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 suit- inspection 
able penalties for the inspection, survey, measure- ^c^"'"''®''* 
ment, and sale of lumber, wood, coal and bark, 
brought into the city for sale. 

Sect. 15. All fines, forfeitures and penalties ac- ^oST 
cruing for the breach of any by-laws of the City of cu^Laws, 
Roxbury, or of any of the ordinances of the city "^'^• 
council, or of any of the orders of the mayor and 
aldermen, may be prosecuted for and recovered, be- 
fore any justice of the peace in said City of Roxbury, 
by complaint or information, in the name of the Com- 
monwealth, in the same Avay and manner in which 
other criminal offences are now prosecuted before the 
justices of the peace within this Commonwealth ; re- 
serving, 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 jus- 
tice of the peace. 



12 CITYCHARTER. 

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 thirtj- 
eighth chapter of the Revised Statutes of this Com- 
monwealth. 

And it shall be sufficient, in all such prosecutions, 
to set forth in the complaint, the offence fullj, plainly, 
substantially, and formally, and it shall not be neces- 
sary 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 upon 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 mayor and 
aldermen, shall be sentenced to pay a fine, or ordered 
to pay any penalty or forfeiture, provided by any 
such by-law, ordinance or order, or upon claiming an 
appeal, shall fail to recognize for his appearance at 
the court appealed to, and there to prosecute his 
appeal and to abide the sentence or order of the 
court thereon, and in the mean time to keep the 
peace and be of good behavior, and upon not paying 
the fine, penaltj^ or forfeiture and costs so assessed 
upon him, he shall be committed to prison, there to 
remain until he or she shall pay such fine, forfeiture 
or penalty and costs, or be otherwise discharged ac- 
cording to law. 

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

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



Represen- 
tatives. 



CITY CHARTER. 13 

Sect. 17. All elections for County, State and ?^g°°|?'^an(i 
United States' officers, who are voted for by the peo- fnlff"'"'*' 
pie, shall be held at meetings of the citizens qualified coSnty, "^ 
to vote in such elections, in their respective wards, at le'dl^aT'^ 
the time fixed by law for these elections respectively ; '^'•^'^^i'^- 
and at such meetings all the votes given for said sev- 
eral officers respectively, shall be assorted, counted, de- 
clared, and registered in open ward meeting, by caus- 
ing 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 re- 
cord 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 certifi- 
cate of the result of such elections, to be signed by 
the mayor and a majority of the aldermen, and also 
by the city clerk, which shall be transmitted or de- 
livered 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 forth- 
with issue their warrant for a new election, conform- 
ably to the provisions of the Constitution, 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 fists of voters ; and for that purpose they 
shall have full access to the assessors' books and lists, 
and be entitled to the assistance of all assessors, as- 
sistant assessors, and the city officers, and they shall 
deUver said lists, so prepared and corrected, to the 
clerks of said Avards, to be used at such elections ; 
and no person shall be entitled to vote whose name is 
not borne on such list. 

Sect. 19. General meetings of the citizens qual- orthfcui- 
ified to vote, may, from time to time, be held, to con- ^®"^- 



Govern- 
ment. 



14 CITYCHARTER. 

suit upon the public good ; to instruct their represen- 
tatives, and to take all lawful measures to obtain 
redress for any grievances, according to the right 
secured to the people bj the Constitution of this Com- 
monwealth. And such meetings may and shall be 
duly warned, by the mayor and aldermen, upon the 
requisition of fifty qualified voters. 
First or- Sect. 20. For the purpose of organizing the sys- 
of"the ci?y ^^^ of government hereby estabhshed, and putting 
the same into operation in the first instance, the se- 
lectmen of the town of Roxbury for the time being, 
shall, on some day during the months of March and 
April of the present year, issue their warrants seven 
days at least previous to the day so appointed for 
calling meetings of the said citizens at such place and 
hour as they may deem expedient, for the purpose of 
choosing a warden, clerk and inspectors for each 
Avard, and all other officers whose election is provided 
for in the preceding sections of this act, and the 
transcripts of the records of each ward, specifying 
the votes given for the several officers aforesaid, cer- 
tified by the warden and clerk of such ward, at said 
first meeting, 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 com- 
pleted at the first meeting, then to issue new Avarrants 
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 meet- 
ing, 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, prepared 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 se- 
lectmen 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 the place and the hour of said first meetmg. 



CITY CHARTER. ' 15 

and a written notice thereof shall be sent bv said 
selectmen, to the place of abode of each of the city 
officers chosen as provided in this section. And after 
this first election of city officers, and this first meet- 
ing for the organization of the city council, 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 organization, 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 re- 
corded, certified and returned in the manner pro- 
vided in the seventeenth section of this act. 

Sect. 21. The city council shall have power to m^cnf 
make all such salutary and needful by-laws, as towns, make"^^ 
by the laws of this CommonAvealth, have power to ^y-^^^'^- 
make and establish, and to annex penalties not ex- 
ceeding 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 what- 
ever ; provided, hotvever, 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 forfeitures for the breach of any by-law, 
or ordinance, shall be paid into the city treasury. 

Sect. 22. The annual town meeting for the Town to.^nmeet- 
of Roxbury, which by law is required to be held in the ponded, 
month of March or April, is hereby suspended, and fown'^otH- 
all town officers now in office, shall hold their places ovw^&i?*'^ 
nntil this act shall go into operation ; and in case 
this charter shall not be accepted, in the manner 
and form as hereinafter provided, then the selectmen 
shall issue their warrant according to law, for holding 
the annual town meeting of the inhabitants, in which 



16 CITY CHARTER. 

all the proceedings shall be the same as if this act 
had not been passed. 
Delivery, Sect. 23. All officers of the Town of Roxbury, 
co'^rds^to^^' having the care and custody of any records, papers, 
City Clerk, qj. property belonging to said town, shall deliver the 
same to the city clerk, within one week after his en- 
tering upon the duties of his office. 
Kepeai of Sect. 24. All such acts, and parts of acts, as are 
tent"pro- inconsistont with the provisions of this act, shall be, 
visions. Q^^ ^j^g same are hereby repealed. 
Legislature Sect. 25. Nothing in this act contained shall be 
mYamInd SO coustrued as to prevent the Legislature from alter- 
thisact. jj^g Q^ amending the same, whenever they shall deem 

it expedient. 

Act to be Sect. 26. This act shall be void, unless the in- 

accepted^^^ habitants of the Town of Roxbury, at a legal town 

hibuants"' meeting called for that purpose, shall, by a vote of 

a majority of the voters present, and voting thereon, 

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. ^^^^ g^f^gj. j^g passage. 

[Passed March 12, 1846.] 



ACCEPTANCE OF 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 Roxburj, 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. J). 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 upon by the 
Moderator to bring in their ballots. Yea or Nay, for the ac- 
ceptance or rejection of the Act of the Legislatm-e to " Estab- 
lish 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. 



AMENDMENT. 



COMMONWEALTH OF MASSACHUSETTS. 



In the Year One Thousand £ight Hundred and Fifty. 



AN ACT in addition to an Act to establish the Citj of 

Roxburj. 

Be it enacted hy the Senate and House of Representatives in 
Gf-eneral Court assembled^ and hy the authority of the same, 
as follows : 

Sect. 1. The several municipal officers whose election by 
the people is provided for in the act to which this is an addi- 
tion, shall, subsequently to the March election of the present 
year, be chosen on the second Monday of December, annually, 
and shall enter upon the duties of their respective offices on 
the first Monday in January, each year ; but the officers 
chosen for the municipal year, commencing with the first 
Monday of April next, shall hold their offices only until the 
first Monday of January ensuing. 

Sect. 2. So much of the sixth section of the act to which 
this is 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 filHng vacancies in the common 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 and for 



AMENDMENT. 19 

their respective towns ; and the lists, when made out by the 
mayor and aldermen, shall be submitted to the common coun- 
cil for concurrent revision or amendment. 

Sect. 5. The said mayor and aldermen, and the clerk of 
the city, shall severally have and exercise, all the powers and 
duties, with regard to the drawing of jurors in the City of 
Roxbury, and all other matters relating to jurors therein, 
which are, in the ninety-fifth chapter of the Revised Statutes, 
required to be performed by the selectmen and town clerks in 
their respective towns ; and all venires for jurors to be re- 
turned 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 quahfied 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 Aldeemen, Feb. 25, 1850. 

Ordered^ That Aldermen Young and Ward be a Commit- 
tee 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 whom was referred the returns of 
votes from the several wards, as given in this day, upon an 
amendment to the City Charter, entitled " An Act in addi- 
tion 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 and 
fifteen ; against the amendment, nine. 

No return was received from ward seven. 

R. WiSi)?' * ^^^^^'^^^^- 



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

A true copy from the Record. 

Attest, JOSEPH W. TUCKER, City Clerh. 



AMENDMENT. 



COMMONWEALTH OF MASSACHUSETTS. 



In the Year One Thousand JSight Knudred and Fifty-Xw'o. 



AN ACT in further addition to an Act to establish the City 
of Roxbury, 

Be it enacted hy the Senate and Souse of Representatives in 
Qeneral Court assembled, and hy 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 provided. It shall 
be the 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 additional 
Common Councilmen for the current municipal year, whose 
election is hereinafter provided for, the Council called the 
Common Council, shall consist of twenty. 

Sect. 3. The Mayor and eight Aldermen, one Alderman 
to be selected from each ward, and three Aldermen from the 
city at large, shall be elected 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 ofiicers shall be chosen 



22 AMENDMENT. 

by ballot, and shall bold their offices for one year from the 
first Monday of January, and the Mayor, until another shall 
be elected and quahfied in his place ; aU 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 respective offices until the first 
Monday of January next ; and in case of failure of elections, 
of either of said Aldermen 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 filhng such 
vacancy, as is provided in the sixth section of the act to which 
this is in addition. 

Sect. 5. This act shall be void, unless the inhabitants of 
Roxbury, at any general meeting, duly warned by pubhc 
notice, of at least seven days, by the Mayor and Aldermen, 
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 effect from and after its 
passage. 

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



ACCEPTANCE OP THE AMENDMENT. 23 



ACCEPTANCE OF THE AMENDMENT. 

EXTKACT FEOM THE EECOKDS Oi^ THE CITY OF KOXBURY. 

At a meeting of the Inliabitaiits of the City of Roxbury, 
qualified to vote in elections, duly warned and legally assem- 
bled at the City Hall in said city, on Monday the twenty-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 estabHsh 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 Clerh. 



STATE LAWS. 



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

Be it enacted hy the Senate and Souse of Representatives in 
G-eneral Court assembled^ and hy the authority of the same, 
as follows : 

Sect, 1. The City Council of Roxbury is hereby author- 
ized to elect by joint ballot in convention a board of five Com- 
missioners, for the term of five years, who shall have the sole 
care, superintendence and management of the Rural Ceme- 
tery, established by said City Council ; one member of which 
board shall go out of office each year, and one member shall 
be chosen annually in the month of March ; but said board or 
either member thereof, after having had an opportunity to be 
heard in his or their defence, may be removed at any time, 
by a concurrent vote of two-thirds of each branch of the City 
Council, and in case of a vacancy in said board of Commis- 
sioners by death, resignation, 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 resi- 
due 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 consti- 
tute a quorum for the exercise of the powers and the perform- 
ance of the duties of the said office. And the term for which 
the several members of the first board of Commissionei o shall 
hold their office, shall be determined by the City Council as 
follows : The Commissioner first chosen, shall hold his office 
for five years ; the Commissioner next chosen, shall hold his 



STATELAWS. 25 

office for four years ; the Commissioner next chosen, shall 
hold his office for three years ; the Commissioner next chosen, 
shall hold his office for two years ; and the Commissioner next 
chosen, shall hold his office for one year. 

Sect. 2. The said board of Commissioners shall set apart 
and appropriate a portion of said Cemetery as a public burial 
place for the use of the inhabitants of the City of Eoxbury, 
free of any charge therefor ; and they shall lay out said Cem- 
etery 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 expedient ; 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 Commonwealth, 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 erect- 
ing 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 regula- 
tions 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 improvement and 
embellishment thereof, as aforesaid, under the direction of said 
board of Commissioners. And no other moneys shall be ap- 
propriated 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 Cemetery, and 
an account of the receipts and expenditures for the same, and 
the funds subject to their order. 



26 STATELAWS. 

Sect. 6. This act shall be void unless the City Council 
of Roxburj 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 effect from and after its 
passage. 

[Approved by the Governor, March 24, 1848.] 
[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 Souse of Representatives in 
G-eneral Court assembled, and ly the authority of the same, 

as follows : 

Sect. 1. The Board of Commissioners of the Rural Cem- 
etery in Roxbury, elected by the City Council, pursuant to 
an act approved March twenty-fourth, one thousand eight 
hundred and forty-eight, are authorized to take and hold any 
grant, donation, or bequest of property, upon trust, to apply 
the same, or the income thereof, for the improvement or em- 
belhshment of the said Cemetery, or for the erection, repair, 
preservation, or renewal of any monument, fence, or other 
erection, or for the planting and cultivation of trees, shrubs 
or plants in or around any lot, or for improving the said 
premises in any other manner or form, consistent with the 
purposes for which said Cemetery is established, according to 
the terms of such grant, donation or bequest, and whenever 
any such grant, donation or bequest, or any deposite shall be 
made by the proprietor of any lot in said Cemetery, for the 
annual repair, preservation or embellishment of such lot and 
the erections thereon, the said Commissioners may give to 
such proprietor, or his representative, an agreement or obliga- 
tion, in such form, and upon such terms and conditions as 
they may establish, binding themselves and their successors to 
preserve and keep in repair said lot, forever, or for such 
period as may be agreed on. 



STATELAWS. 27 

Sect. 2. Any sums of money, so received by said Com- 
missioners, shall be invested by the City Treasurer of Rox- 
bury, under the direction of said Commissioners, in public 
stocks, or mortgages of real estate, and all such property 
received under the provisions of the foregoing section (unless 
other pro"vdsion is made by the terms of any such grant, dona- 
tion or bequest) shall be made under the charge of said City 
Treasurer, but shall always remain separate from and inde- 
pendent of any other moneys or property belonging to the 
City of Roxbury, and free from the control of the City Coun- 
cil. 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 said Commissioners 
shall not be liable to make any renewal or reconstruction of 
any monument, or other erection, on any lots in said Ceme- 
tery, unless such liabiHty shall be expressed in the agreement 
given by them as aforesaid, or in the terms and conditions 
under which they accept any grant, donation or bequest. 

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

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

[Approved by the Governor, Feb. 25, 1852.] 
[Accepted by the City Council.] 



28 STATE LAWS 



AN ACT 

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

Be it enacted hy the Senate and Souse of Representatives 
in Gfeneral Court assembled, and hy the awOiority of ike 
same, as follows : 

Sect. 1. No person shall keep or have, in any building 
or other place, within one hundred and fifty yards of any 
wharf or main land, in the City of Roxbury, any quantity of 
gunpowder exceeding twenty-five pounds, except in the dis- 
charge of mihtary 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 be granted, or 
from year 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 estab- 
lish 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 car- 
riages, boats, ships or vessels, in and by which the same shall 
be transported ; the manner in which gunpowder shall be 
kept by such persons as have been licensed to keep the same ; 
and all such other rules and regulations relative to the keep- 
ing or transportation of gunpowder in 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 perform- 
ance of military duty, or under a hcense, as hereinbefore pro- 
vided, may be seized by any engineer of the Fire Department 
of said City, and by him safely kept, until disposed of, as 
hereinafter provided. 



STATE LAWS. 29 

Sect. 5. When any gunpowder shall be so seized, the 
person seizing shall libel the same, in the manner provided by 
the one hundred and eighteenth chapter of the Revised 
Statutes, for the " seizing and libelling of forfeited goods ;" 
and the same proceedings shall be had upon and in pursuance 
of said libel, as are provided in said chapter, from the twen- 
tieth 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 portion of said 
chapter above referred to shall be in force in relation to the 
seizure of gunpoAvder as above provided, as fully as if the 
article of gunpowder were specially mentioned therein. 

Sect. 6. Either of the Engineers of the Fire Department 
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 comphed with. 

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

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



AN ACT 

Relating to Town and Private Ways. 

Be it enacted hy the Senate and House of Representatives in 
Greneral Court assembled, and hy the authority of the same, 
as follows : 

Sect. 1. When any town or private way shall be laid 
out, altered, or widened, by selectmen or county commission- 
ers, they shall, in their report or return thereof, allow the 
owner of the land through which said way may pass, a rea- 
sonable time to take off his trees, fences and other property, 
which may obstruct the building of such way. 



30 STATE LAWS. 

Sect. 2. If said owner shall not remove the same within 
the time allowed for that purpose, he shall be deemed to have 
rehnquished his right thereto for the benefit of the town, if 
said way be a town way ; and if said way be a private way, 
for the benefit of such person or persons as said selectmen or 
county 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 remove 
his trees, fences and other property, as aforesaid ; and if the 
owner shall neglect to remove the same within such extended 
time, he shall be deemed to have rehnquished his claim 
thereto, as before provided. 

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



AN ACT 
Concerning the Power of Cities. 

Be it enacted ly the Senate and Souse of Representatives in 
Q-eneral Court assembled, and hy the authority of the same, 
as follows : 

Sect. 1. The City Council of any City shall have power 
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 poHce of such city, and 
may annex suitable penalties, not exceeding twenty dollars for 
any one breach thereof, to be recovered by complaint before 
any Pohce Court in such city, or any Justice of the Peace in 
a city where no Pohce Court is estabhshed. Provided, That 
nothing herein contained shall be construed to affect the pro- 
visions of an Act entitled an Act to prevent obstructions in 
the streets of cities, and to regulate hackney coaches and other 
vehicles, passed at the present session of the Legislature. 

Sect. 2. So much of an Act passed on the ninth day of 
April, in the present year, entitled an Act concerning the 
powers of cities or towns, as relates to any city in the Com- 
monwealth, is hereby repealed. 

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



I 



STATELAWS. 31 

AN ACT 

Relating to Town and County Roads. 

Be it enacted hy the Senate and Souse of Representatives in 
Creneral Court assembled, and hy the authority of the same, 
as follows : 

The county commissioners of the several counties, and the 
selectmen of the several towns, and the mayor and aldermen 
of the several cities of this Commonwealth, shall cause per- 
manent 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 Goveruor, April 25, 1848.] 



AN ACT 



Concerning the Erection of Balustrades upon Buildings in 

Cities. 

Be it enacted hy the Senate and House of Representatives in 
Creneral Court assembled, and hy the authority of the same, 
as follows : 

The city council of any city in this Commonwealth shall 
have power, from time to time, to make and adopt such rules 
and regulations, for the erection and maintenance of balus- 
trades, or other projections upon the roofs or sides of build- 
ings, in such cities, as, in their judgment, the safety of the 
citizens may require. And the city council of any city may 
annex penalties for the violation of any such rules and orders, 
not exceeding twenty dollars in any one instance ; which 
penalties may be recovered, for the use of the city, by com- 
plaint before the police court of such city, or any justice of 



32 STATELAWS. 

the peace, in a city where no police court is established: 
Provided, that no such rule or order shall take effect, or go 
into operation, until the same shall have been published at 
least sixty days in some newspaper printed in such city or 
county within which such city is included. 

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



AN ACT 



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

Be it enacted hy the Senate and House of Representatives in 
Cfeneral Court assembled, and hy the authority of the same, 
as follows : 

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 exceeding two hundred dollars, to be recov- 
ered in the manner provided in the twelfth section of said 
fifth chapter. 

[Approved by the Governor, May 2, 1848.] 



AN ACT 
In Relation to Public Health. 

Be it enacted hy the Senate and House of Representatives in 
Gf-eneral Court assembled, and hy 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 par- 
ticular city. 



STATELAWS. 66 

Sect. 2. The power and duties above named, may be 
exercised and carried into effect by city councils, in any man- 
ner which they may prescribe, or through the agency of any 
persons to whom they may delegate the same, notwithstanding 
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 number, 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, within any 
city, the board of health, or health officer, shall order the 
owner or occupant thereof, to remove the same, at his own 
expense, within twenty-four hours, or such other time as they 
shall deem reasonable, after notice served as provided in the 
succeeding section ; and if the owner or occupant shall neglect 
so to do, he shall forfeit a sum not exceeding twenty dollars 
for every day during which he shall knowingly permit such 
nuisance or cause of sickness to remain, after the time pre- 
scribed as aforesaid for the removal thereof. 

Sect. 4. The order mentioned in the last section shall be 
communicated by a Avritten notice, served personally upon the 
owner, 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 unoccupied, 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 comply with 
the order above mentioned, the board of health may cause the 
said nuisance, source of filth, or cause of sickness, to be re- 
moved, and all expenses incurred thereby, shall be paid by 
the said owner or occupant, or by such other person as shall 
have caused or permitted the same, if said owner or 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 STATELAWS. 

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

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

Sect. 8. The tenth, eleventh, and forty-sixth 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 provisions, are 
hereby repealed, saving all proceedings and causes of pro- 
ceeding, 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 hy the Senate and House of Representatives in 
Greneral Court assembled, and by the authority of the same, 
as follows : 

In all cases where any suit shall hereafter be brought, 
wherein the validity or legal effect of the proceedings of any 
county commissioners, selectmen, town, city, or mayor and 
aldermen, in respect to the laying out, altering, or discontinu- 
ing of any way, which laying out, altering, or discontinuing, 
shall take place after the passage of this act, shall be drawn 
in question, the time limited for applications for a jury, to 



STATELAWS. 35 

assess the damages caused by such laying out, alteration, 
or discontinuance, shall be so far extended, that such applica- 
tion may be made at any time within one year after the final 
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 Eailroad Crossings. 

Be it enacted hy the Senate and Souse of Representatives in 
Creneral Court assembled, and hy 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, highway, or 
townway, may, when said crossing is within the limits of the 
City of Boston, be made, by any two inhabitants of said city, 
to the mayor and aldermen thereof, and such inhabitants shall 
be liable for costs when the railroad corporation shall be the 
prevailing party, and before the hearing of the apphcation, 
shall give bonds, with sufficient surety, for the payment of 
such costs, if the mayor and aldermen shall so adjudge. 

Sect. 2. The foregoing provisions, and the 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 highway, 
turnpike, townway, or travelled place, upon the same level 
therewith, which now does or may hereafter exist ; provided, 
that, whenever it shall be adjudged that a railroad corporation 
shall provide security against a travelled place, not laid out 
and adjudged to be a townway or highway, the said corpora- 
tion 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 railroad, instead of across said railroad. 

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

Sect. 5. The supreme judicial court shall have jurisdic- 
tion in equity, and may compel railroad 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 way is neces- 
sary 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 hy the Senate and Souse of Representatives in 
Greneral Court assembled^ and hy 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 ignorance, between the 
ages of six and fifteen years ; and also all such ordinances 
and by-laws, respecting such children, as shall be deemed most 
conducive to their welfare, and the good order of such city or 
town ; and there shall be annexed to such ordinances, suitable 
penalties, not exceeding, for any one breach, a fine of twenty 



1 



STATELAWS. 37 

dollars : provided, that said ordinances and by-laws shall be 
approved bj the court of common pleas for the county, and 
shall not be repugnant to the laws of the Commonwealth. 

Sect. 2. The several cities and towns, availing themselves 
of the provisions of this act, shall appoint, at the annual meet- 
ings of said towns, or annually by the mayor and aldermen of 
said cities, three or more persons, who alone shall be author- 
ized to make the complaints, in every case of violation of said 
ordinances or by-laws, to the justice of the peace, or other 
judicial officer, who, by said ordinances, shall have jurisdiction 
in the matter ; which persons, thus 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 institu- 
tion 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 section of this act, 
in each city or town avaihng 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 hy the Senate and House of Representatives in 
G-eneral Court assembled, and hy the authority of the same, 
as follows : 

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 . STATELAWS. 

city as the mayor and aldermen thereof, or of such town as 
the selectmen thereof shall direct, he shall forfeit a sum not 
exceeding fifty dollars for every month he shall so occupy or 
use such 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 erection, 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 inhabitants 
thereof, at a legal meeting, shall within sixty days from the 
passing hereof, by vote adopt the same. 

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

[Approved by the Governor, May 24, 1851.] 
[Adopted by the City Council.] 



AN ACT 
Providing for the Appointment of Police Officers. 

Be it enacted hy the Senate and House of Representatives in 
Creneral Court assembled, and hy the authority of the same, 
as follows : 

The mayor and aldermen of the several cities, and the se- 
lectmen of the several towns, in this Commonwealth, may from 
time to time, appoint such police officers for their respective 
cities and towns as they may judge necessary, with all or any 
of the powers of constables, 'except the power of serving and 
executing any civil process. And the said police officers shall 
hold their offices during the pleasure of the mayor and alder- 
men, and selectmen, by whom they are respectively appointed. 

[Approved May 15, 1851.] 



STATELAWS. 39 

AN ACT 
Concerning Streets and Ways in the City of Roxbury. 

Be it enacted hy the Senate and House of Representatives in 
Greneral Court assembled, and hy 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 private 
land, by the owners thereof, and dedicated to or permitted to 
be used by the pubhc, before such street shall have been ac- 
cepted and laid out according to law, it shall be the duty of 
the owners of the lots abutting thereon, to grade such street 
or Avay 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 pubhc 
use, it shall be lawful for the said mayor and aldermen 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 : jjrovided, always, that nothing contained 
in this act shall be construed to affect any agreements hereto- 
fore made respecting any such streets or ways as aforesaid, 
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 an acceptance of 
such street or way by the city of Roxbury. 

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 the same. 

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



40 STATELAWS. 

AN ACT 
To establish a Police Court in the City of Roxbury. 

Be it enacted hy the Senate and Souse of Representatives in 
Creneral Court assembled, and hy the authority of the same, 
as follows : 

Sect. 1. A police court is hereby established in the city 
of Roxbury, to consist of one competent and discreet person, 
to be appointed and commissioned by the governor, pursuant 
to the constitution, as standing justice. 

Sect. 2. The said court shall have original and exclusive 
jurisdiction over all crimes, offences and misdemeanors com- 
mitted within said city of Roxbury whereof justices of the 
peace now have or may hereafter have jurisdiction ; 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 de- 
fendant in said county ; but the jurisdiction of the court of 
common pleas shall not be affected by this act. The said 
court shall have original and concurrent jurisdiction, with 
justices of the peace, in said county of Norfolk, over all crimes, 
offences and misdemeanors, 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 extent 
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 annual 
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 



STATELAWS. 41 

for all services -vvhicli he is or may hereafter be reqmred 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, Sundays, 
Christmas, the Fourth of July, and public days of Thanks- 
giving 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 con- 
ducting 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 return 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 Roxbury 
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 jus- 
tice, 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 received 
shall be made up, taxed, certified and allowed, and shall be 
paid in like manner as is provided in case of justices 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 Norfolk. 

Sect. 10. There shall be appointed by the governor, by 
and with the advice and consent of the council, two special 
6 



42 STATELAWS. 

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 determime 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 ser- 
vices as performed by them, out of the salary 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 person to act 
as clerk of said court. Such clerk, when determined on, shall 
be chosen annually, and shall be sworn to the faithful per- 
formance 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 therein. 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 
appoint a clerk jpro 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 re- 
ceive 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 certificates and copies 
of papers and proceedings of said court, such sum, aimually. 



STATE LAA¥S. 43 

as shall be annually fixed upon by concurrent 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. 

[Approved by the Governor, April 9, 1855.] 
[Adopted by the City Council, April 27, 1855.] 



AN ACT 



In addition to an Act to Regulate the Storage and Trans- 
portation of Gunpowder in the City of Roxbury. 

Be it enacted hy the Senate and House of Representatives in 
Greneral Court assembled, and hy the authority of the same, 
as follows : 

Sect. 1. Whenever by virtue of an act to regulate the 
storage and transportation of gunpowder in the city of Rox- 
bury, passed the twenty-first day of April, in the year eighteen 
hundred and forty-eight, any gunpowder shall be seized and 
libelled, and upon trial it shall appear that such gunpowder 
was lawfully seized, the same shall be decreed to be forfeited 
and shall be disposed of according to the provisions of the one 
hundred and eighteenth chapter of the Revised Statutes, con- 
cerning the seizing and libelling of forfeited goods. 

Sect. 2. This act shall take effect from and after its 
passage. 

[Approved by the Governor, May 3, 1855.] 



AN ACT 

To Regulate the Sidewalks in the City of Roxbury. 

Be it enacted hy the Senate and House of Representatives in 
G-eneral Court assemhled, and hy the authority of the same, 
as follows : 

Sect. 1. Whenever the mayor and aldermen of the city 
of Roxbury shall deem it expedient to construct sidewalks in 



44 STATELAWS. 

any of the streets or portions of streets in said city, they are 
hereby empowered and authorized to furnish such edgestones 
as may be required therefor, the abutters bearing the expense 
of the materials ; and whenever two-thirds of the abutters on 
any street shall unite in a petition to the city government for 
the construction in their street of sidewalks, with edgestones, 
and for the covering said sidewalks with brick, flat stones or 
plank, the same shall be made, and the expense of the above- 
named materials shall be assessed upon the abutters, in pro- 
portion to the length of the lines of their respective estates on 
said street ; and it is herein further provided, that in case of 
refusal of any abutter or abutters to pay the amount so 
assessed, in such time as said city government of Roxbury 
shall designate, then such amount or amounts shall be recover- 
able by an action of contract to be brought by the mayor and 
aldermen of said city, or by any other person or persons duly 
authorized for the purpose, before any tribunal or court having 
competent jurisdiction in the premises. 

Sect, 2. This act shall take effect from and after its 
passage. 

[Approved by the Governor, March 26, 1855,] 



CITY OEDINANCES. 



[No. 1.] 

AN ORDINANCE 

Prescribing the manner of Eecording the Ordinances of the 

City. 

Be it ordained hy the City Council of the City of Roxbury, 

as follows : 

Sect. 1. All ordinances which shall be passed by the 
Mayor and 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 Ordinances 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- 
zens. 

[Passed May 18, 1846.] 



[No. 2.] 

AN ORDINANCE 



Concerning the form of Warrants, and the Service and Return 

thereof. 

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

Sect. 1. The form of Warrants for calling meetings of 
the citizens of the several Wards shall be as follows, viz. : 



46 CITY ORDINANCES. 

Ph.s.^ City of Roxbury. 

To either of the Constables of the City of Roxbury, 
Greeting : In the name of the Commonwealth of Massachu- 
setts, you are hereby required, forthwith, to warn the inhabi- 
tants of Ward No. , quahfied 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, , Mayor of our said City of Rox- 
bury, the day of , in the year of our Lord one 

thousand eight hundred and . 

By order of the Mayor and Aldermen. 

, City Clerk. 

Sect. 2. All warrants for calling meetings 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 : 

gL.s.^ City oe Roxbury. 

To the Constables of the City of Roxbury, Grreeting : 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 Clerh. 



CITY ORDINANCES. 47 

Sect. 4. All warrants -which shall be issued by the Mayor 
and Aldermen, for calling meetings of the inhabitants of the 
City, shall be served by any constable of the City, and re- 
turned to the Mayor and Aldermen, on or before the meeting 
of the citizens therein specified. 

Sect. 5. It shall be the duty of the Mayor and Aldermen 
to fix the time when the poll shall close, as well as the time 
for the opening thereof, in the election of all ofiicers, except 
ward officers, and insert the same in any warrant and notifi- 
cation to the inhabitants of such election. 

Sect. 6. Each inhabitant being a legal voter in said City 
shall 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 con- 
stable warning said meeting, to make return thereof, one day 
before the holding said meeting. 

[PassedMay 18, 1846.] 



[No. 3.] 

AN ORDINANCE 



Relating to the Election of certain City Officers. 

Se it ordained hy the City Council of the City of Roxhury, 
as follows : 

Sect. 1. The mode of electing the following officers, to 
wit : Surveyors of Highways, Surveyors of Lumber, Measure 
ers 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 amendment. 

[Passed May 18, 1846.] 



48 CITY ORDINANCES. 

[No. 4.] 

AN ORDmANCE 

Authorizing the Appointment and prescribing the Duties of a 
City Marshal. 

Be it ordained hy the City Council of the City of Roxbury, 
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 have power and 
authority to assist the City Marshal in the execution of his 
office, or on any occasion when the City Marshal is not pres- 
ent, to officiate in his stead, with the powers and duties 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, whenever 
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 performance of its 
duties by the Mayor, and shall also give bonds to the Treas- 
urer of the City of Roxbury, in the sum of five hundred dol- 
lars, with sufficient sureties, to be approved by the Mayor 
and Aldermen, for the faithful performance 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 removed or 
prosecuted, according to law ; to notice all oifences against 
the laws and against the ordinances of the City, taking the 
names of the offenders, to the end that the same may be pros- 
ecuted. It shall also be his duty to receive all complaints of 
the inhabitants, made for any breach of the laws or ordinances, 
of the City. It shaU 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. 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 Avhich the 
City shall be in anywise concerned or interested. He shall 



CITY ORDINANCES. 49 

be vigilant to detect the breach of any law, by-law or ordi- 
nance. 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 ordinances, 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 assist- 
ants, or any or either of them ; and thereupon, or in case of 
the death or resignation of any or either of them, proceed to 
appoint a successor or successors for the residue of the year. 

Sect. 5. The City Marshal shall receive such compensa- 
tion for his services as the City Council shall annually direct. 

Sect. 6. The City Marshal shall be one of the constables 
of the City. 

[Passed May 18, 1846.] 



[No. 5.] 

AN ORDINANCE 

Establishing the office of City Messenger. 

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

Sect. 1. There shall 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 Council, a suitable person to be styled City Messen- 

7 



50 CITY ORDINANCES. 

ger, who shall receive, deliver and execute, all notifications, 
summonses 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 re- 
turn thereof. He shall prepare and arrange the rooms in 
which the City Council shall hold their sessions, and attend on 
either when in session separately ; and under the direction of 
the Mayor or City Clerk, shall provide fuel, hghts, and other 
things necessary for the accommodation of both branches of 
the City Council or any committee thereof. He shall receive 
and deliver all notiiScations to officers elected by the City 
Council, or by the Mayor and Aldermen, 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 condition. 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 compensa- 
tion as the City Council shall annually, or from time to time, 
allow. 

[Passed May 18, 1846.] 



[No. 6.] 

AN ORDINANCE 



Estabhshing a system of Accountability in the Expenditures 
of the City. 

Be it ordained hy the City Council of the City of Roxhury, 
as follows : 

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 oftener 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. 



CITY ORDINANCES. 51 

Sect. 2. All accounts and other claims against the Citj, 
for labor done, services performed, or materials of any kind 
furnished for the use of the City, under the charge, direction 
or superintendence of the Mayor and Aldermen, Overseers of 
the Poor, School Committee, Fire Department, or any other 
officer or officers of the City, or by order of the City Council, 
or either branch thereof, shall, when presented to said Com- 
mittee, 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 ; otherwise the same 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 appropriation 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, desig- 
nating the fund or appropriation from which said orders are 
to be paid. And the Mayor is hereby authorized 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 Accounts, 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 necessary 
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 Committee 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 



52 CITYORDINANCES. 

the City, and all accounts and other demands against persons 
indebted to the City, and under the direction of the Joint 
Standing Committee on Pubhc 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 receipt of the 
City Treasurer shall be deemed the only sufficient and valid 
discharge of debts due to the city. Provided^ however, that 
the Superintendent of the Almshouse, under the direction of 
the Overseers of the Poor, may receive 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 re- 
ceived, shall, within one week from the time of payment, be 
paid to the City Treasurer, and his receipt therefor shall be 
forthwith delivered to the City Clerk, to be laid before the 
Committee on Accounts. 

Sect. 7. The City Treasurer shall proceed without delay 
to collect all accounts which may be delivered to him for col- 
lection ; and he shall faithfully account for all moneys received 
by him ; and in any case in which he is unable to obtain an 
immediate settlement of an account, he shall report 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 posses- 
sion 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 Treas- 



CITY OEDINANCES. 53 

iirer and Collector, and that he will truly and justly account 
for all moneys 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 Accounts ; 
■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 communicate the same to the 
City Council, that they may be apprized of the fact ; and 
either make a further appropriation or withhold further ex- 
penditure for such object or objects as they may deem 
expedient. 

[Passed May 18, 1846.] 



[No. 7.] 

AN ORDINANCE 



To preserve the Public Health, by regulating the use of 
Chemical Laboratories, and the manufacturing of White 
Lead and Red Lead. 

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

No person shall hereafter carry on the business, or exercise 
the trade or employment of manufacturing acids, or other 
articles usually manufactured in Chemical Laboratories, 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 heretofore 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 exercised, and any and 
every person, who shall carry on or exercise the trade or em- 
ployment of manufacturing acids, or other articles usually 
manufactured in Chemical Laboratories, or White Lead, or 



64 CITY OEDINANCES. 

Red Lead, except as aforesaid, without license as aforesaid, 
shall be guilty of maintaining a public and common nuisance ; 
and the Mayor and Aldermen of said City of Roxbury may 
abate the same. 

[Passed May 21, 1846.] 



[No. 8.] 

AN ORDINANCE 



Establishing a system for Collecting the Taxes of the City of 
Roxbury. 

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

Sect. 1. It shall be the duty of the Collector of Taxes, 
as soon as the polls are ascertained, to collect or secure 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 day of September, shall be entitled to a dis- 
count 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 Col- 
lector will then proceed to collect 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, 
which office shall be 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 



CITY ORDINANCES. 55 

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, 
P. M., each daj, 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. 

[Kepealed.] 



[No. 10.] 

AN ORDINANCE 



Regulating the Eire 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 hy the City Council of the City of JRoxhury, 

as follows : 

Sect. 1. The Mayor and Aldermen be, and they hereby 
are authorized and directed, to appoint twelve sober, discreet, 
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 morning, as the said 
Mayor and Aldermen shall appoint. And also a suitable per- 
son to be the officer of the watch, who shall also be a discreet, 



.56 CITY ORDINANCES. 

sober, and able bodied man of good moral character. And 
the said officer and watchmen shall continue in office until 
removed by the said Major and Aldermen, or death or resig- 
nation ; and they shall receive such compensation for their 
services respectively, as the said Mayor and Aldermen shall 
estabhsh ; and shall be paid out of the treasury of the City of 
Roxbury, on orders drawn by the Mayor ; and shall be re- 
movable 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 forth- 
with appointed by said Mayor and Aldermen, to fill such 
vacancy or vacancies. 

Sect. 2. The officer of the watch, and the watchmen ap- 
pointed by virtue of this ordinance, shall have the same 
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 Common- 
wealth of Massachusetts. 

Sect. 3. Every watchman shall be equipped in such 
manner 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 ordamed hy the City Council of the City of Roxbury^ 
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 vacancy, 
caused by removal or otherwise, it shall be the duty of the 
Mayor and Aldermen to supply said vacancy by a new ap- 
pointment. 



CITYORDIiSrANCES. 57 

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 trespass- 
ers, 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 oversight of all neces- 
sary arrangements for the removal 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 Mayor 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 certificate, stating the date of the death, the 
name and surname 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 disa- 
bihty 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 furnished by and at the 
expense of the Undertaker. 

Sect. 6. As a compensation for services to be performed 
by the Undertaker and such assistants as he may emj^loy 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 exceed- 
ing five dollars for the burial of each person twelve years old 
and upwards ; and a sum not exceeding 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 relative, 
or of the person in whose house the person may have died, or 
any other person who may have first become informed of the 



68 CITY ORDINANCES. 

event, to cause the same to be made known to the Undertaker 
as soon as practicable. 

Sect. 8. No person, except an Undertaker or one ap- 
pointed by authority in his place, shaU burj or remove the 
body of any deceased person, or undertake the management 
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 Section 3. 

" Sect. 9. All funerals shall take place between sunrise 
and sunset, unless otherwise permitted or directed by the 
Mayor. And the top of every coJSBn 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 violation 
of any of the provisions of this Ordinance, or any of the regu- 
lations 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.] 

AN ORDINANCE 



To prevent Unlawful and Injurious Practices in the Streets 
and other public places of the City. 

Be it ordained hy the City Council of the City of Roxhury, 
as follows : 

Sect. 1. No person, except the Surveyors of Highways 
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 depos- 
ite any stones, bricks, timber, or other building materials 
thereon, without first obtaining a written license from the 



CITY ORDINANCES. 59 

Mayor and Aldermen, or sonie person authorized by them to 
grant such license, and complying 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 conditions as 
they shall deem to be safe and proper. 

Sect. 3. Whenever any street, lane, alley, sidewalk, or 
other public place 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 incon- 
venient for travellers, the person so licensed, shall put, and 
at all times keep up a suitable railing or fence round the sec- 
tion or parts of any street, lane, alley, or other public place, 
so dug up, obstructed or encumbered, so long as the same 
shall be or remain unsafe or inconvenient as aforesaid ; and 
shall also keep one or more lighted lanterns fixed to such 
fence, or in some other proper manner, every night, from twi- 
light in the evening, and through the whole night, so long as 
such raihngs or fence shall be kept standing. He shall also, 
within such reasonable time as the Mayor and Aldermen shall 
direct, amend and repair such street, lane, alley, sidewalk, or 
pubhc 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 other structure, in or upon any 
street, alley, lane or sidewalk in the City, without permission 
in writing from the Mayor and Aldermen. No person shall 
suffer the platform or grate of the entrance or passage-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 railing, 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 



60 CITY ORDINANCES. 

open or uncovered, 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 railing or fence, on or 
near the line of such street, lane or alley, sufficient to guard 
and protect travellers and passengers 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 requested 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 Marshal, to remove such ob- 
struction. 

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, alley or sidewalk, so as to interfere with the convenient 
use of the same by all passengers. No person shall stop his 
team or carriage, or unnecessarily place any obstruction on 
any flagging stones laid, or that 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 abutters on each side of such street, 
shall be deemed and taken to be the sidewalks of the same, 
within the meaning of this Ordinance. 

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 gait, so as to endanger 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 



CITY ORDINANCES. 61 

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. 

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, in 
or upon any street, lane, alley or other public place in the 
City, any house dirt, ashes, soot, garbage, 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, except in such place and in such manner, as 
the Mayor and Aldermen shall prescribe. 

Sect. 10. No person shall sufier 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 sufficient 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 ob- 
struction 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, unless 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 broken 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 exposed to 
the view of the passengers or other persons passing or being 
in any street, lane, alley or house, or upon 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, 



62 CITY ORDINANCES. 

any table or device of any kind, by or upon which any 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, with- 
out permission from the Mayor and Aldermen. 

Sect. 16. No person shall, except in the performance of 
some duty required by law, discharge any gun, pistol or other 
fire-arm, loaded with balls or shot, or with powder 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 preparation whereof gunpowder is an ingredi- 
ent, 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 insulting 
language, in any street, lane, alley or other public place in 
the City, 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 projec- 
tion 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 place 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 balloon, or throw any stones, 
clubs, snow-balls or other missile, in any street, lane, alley 
or other public place within the City. 

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

No person shall sufier a cellar door, or passage from the 
sidewalk into any cellar, to be kept open when not in imme- 



CITYOEDINANCES. 63 

diate use, after the beginning of twilight, except a good and 
sufficient light be constantly kept at the entrance of such 
passage. 

Sect. 20. JSTo person shall injure, deface or destroy any 
guide post or guide board, any lamp post 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 permission 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 ob- 
tained from the owner thereof, or from the Mayor and Alder- 
men ; 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 awning or shade less than seven feet and a half 
in height at the lowest 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 suita- 
ble 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 pubhc ground, 
without first having ascertained the bounds of the same, by 
apphcation to the Mayor and Aldermen for that purpose. 

Sect. 25. No person shall blast any rock or other sub- 
stance, with gunpowder, 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, how- 
ever, that the remedy of any person injured by the blasting 
of rocks shall not be affected by this section, nor shall it be 
considered as applying to the surveyors of highways in the 
discharge of their official duties. 



64 CITY ORDINANCES. 

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 of the 
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 complaint 
for the same shall be instituted and commenced within six 
months from the time of committing such breach. 

Sect. 29. This Ordinance shall take effect 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 nuisances, 
sources of filth and causes of sickness within the City of 
Roxbury. 

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

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 inhabitants of the City, which 
do or may exist within the limits thereof ; subject always to 
the direction, authority and control of the Mayor and Alder- 
men ; and it shall be the duty of the City Marshal to cause 



CITY ORDINANCES. 65 

all such nuisances, sources of filth and causes of sickness, to 
be prevented, removed or destroyed, as the case may require, 
conformably to the ordinances of the City Council as aforesaid, 
and the laws of the Commonwealth ; 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 afiects 
the health, security and comfort of the City, from causes or 
means arising or existing within the limits thereof. 

Sect. 2. In the month of May or June annually, there 
shall be appointed, by concurrent vote of the City Council, 
one or more consulting physicians, whose duty it shall be, in 
case of an alarm of any contagious, infectious, or other danger- 
ous disease occurring in the City or neighborhood, to give to 
the Mayor, or either Board of the City Council, all such pro- 
fessional advice and information as they may request, with a 
view to the prevention of the said diseases, and, at all con- 
venient times, to aid and assist them with their counsel 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 Alder- 
men shall have all the powers in relation thereto with which 
boards of health or selectmen of towns are invested, in such 
cases, by the laws of this Commonwealth ; to be carried into 
execution in such manner as they 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 Aldermen, 
be provided with a sufficient drain under ground to carry off 
the waste water ; and also with a suitable privy, and of a suffi- 
cient 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 ten- 
ement 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. 



66 CITY OKDINANCES. 

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 public health, they may give notice in writing 
to the owner thereof, or his agent, if either be an inhabitant 
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 in Boston, requiring 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 common 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 notice in writing 
to be served upon the owners or occupants thereof, and if 
there should be no occupants, and the owners should not re- 
side in the City, then to give public notice by advertising in 
one of the newspapers printed in this City, and if no newspa- 
per shall be printed in this City, then in two newspapers 
printed in the City of Boston, directing said owners or occu- 
pants to have said nuisance or cause of nuisance removed, by 
draining, filling up, or otherwise, in the manner as may be 
prescribed in such notice ; and in case of neglect, or re- 
fusal 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 expedient ; 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 river, 
any dirt, saw-dust, soot, ashes, cinders, shavings, hair, shreds, 
manure, oyster, lobster or clam shells, waste water, rubbish 
or filth of any kind, or any animal or vegetable matter or sub- 



CITY ORDINANCES 



67 



stance whatever. Nor shall any person or persons throw or 
cast any dead animal, or any foul 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 within the City. 

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 sev- 
erally 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 carried, within two hours 
after personal notice in writing to that effect, given by the 
Mayor and Aldermen or City Marshal. 

Sect. 10. All dirt, saw-dust, soot, ashes, cinders, shav- 
ings, hair, shreds, manure, oyster, lobster or clam shells, 
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 re-, 
moved, shall be carried away therefrom by and at the expense 
of the owner or occupant of such house or other 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 Aldermen, or the City 
Marshal. 

Sect. 11. No person shall sell, or offer for sale, or have 
in his possession, in 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 diseased or measly 
pork. 

Sect. 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 ani- 
mals would be detrimental to the health or comfort of the cit- 
izens in the neighborhood thereof, residing or passing-i^and 



68 CITY ORDINANCES. 

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. 

Any and every person who shall keep any swine or goat in 
any place in the City in which such animals are prohibited to 
be kept, or from whence he is required to remove the same, 
six hours after having received notice from the Mayor and 
Aldermen in writing, to remove the same, or that such animals 
are prohibited to be kept in such place, shall forfeit and pay 
the sum of three dollars, for each and every swine or goat so 
kept, for each and every day during 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 vault 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 
Commonwealth, or the rules, orders, regulations, by-laws or 
ordinances for the preservation of ihe 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 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 health 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 
accordingly, at the expense of the owner or owners of the 
land upon which the said nuisance exists. 

Sect. 14. The City Marshal or any person authorized by 
the Mayor for that purpose, shall and may, at any time be- 
tween sunrise and sunset, enter into any building, within the 
City, for the purpose of examining into, destroying, removing 
or preventing any nuisance, source of filth or cause of sickness 
therein ; or in any cellar belonging thereto. And if any per- 
son shall refuse to admit such officer, or other person so au- 
thorized, into said building, the City Marshal shall, on oath, 
complain to any Justice of the Peace within said City, and 
shall apply for his warrant, according to the statute in such 



CITY ORDINANCES. 69 

case made and provided, and shall thereupon proceed, under 
the authority of said Court, to examine such building or other 
place, and to destroy, remove or prevent any nuisance, source 
of filth or cause of sickness, that may be found there, in such 
manner as the Mayor and Aldermen shall direct. And the 
said City Marshal, or any person authorized as aforesaid, 
shall, and may, at any time between sunrise and sunset, enter 
into any yard or lot of ground, or into any out-house, and ex- 
amine any alley, sink, cess pool, privy, vault, public or private 
dock or shp, or drain, or sewer, and shall report to the Mayor 
and Aldermen all such as the health or security of the City 
may require to be cleansed, altered or amended. 

Sect. 15. Any person offending 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 offence a 
a sum not less than three nor more than twenty dollars. 

Sect. 16. 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 ordained hy 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 concur- 
rent vote ; or, in case no newspaper shall be printed and pub- 
lished in this City, in such newspaper or newspapers pubUshed 
and printed in the City of Boston as the said City Council 
shall from time to time designate. 

[Passed August 6, 1846.] 



TO -CITY ORDINANCES 



[No. 16.] 

AN ORDINANCE 

Restraining the going at large of Dogs within the City of 

Roxburj. 

Be it ordained hy the City Council of the City of Roxhury, 
asfolloivs: 

Sect. 1. From and after the tenth day of August, one 
thousand eight hundred and forty-six, no dog shall be permit- 
ted to go at large or loose, in any street, lane, alley or court, 
nor any uninclosed or public place in this City, until the owner 
or keeper of such dog, or the head of the family, or the keeper 
of the house, where such dog is kept or harbored, 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 " Roxbury " legibly written, 
stamped or engraved thereon, and it shall be the duty 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 dollar, 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 har- 
bored, 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 barking, biting, howling, 
or in any other way or manner disturb the quiet of any person 



CITY K I) I y A X C Z S . 71 

or persons -whomsoever, the City Marshal, on such complaint, 
shall issue notice thereof to the person keeping or permitting 
sach 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 removed and kept beyond the 
limits of the City, or to be destroyed, he or she shall forfeit 
and pay a sum not exceeding fifty cents, for every day which 
shall elapse until such dog shall be removed or destroyed as 
aforesaid : provided, that the Justice before whom such com- 
plaint shall be heard and tried, shall be satisfied 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, shaU be found going at 
large contrary to the provisions of this Ordinance, it shaQ be 
the dutv of the City Marshal to cause such dog or dogs to be 
destroyed. 

Sect. 5. Nothing contained in this Ordinance shall extend 
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 canse everv dog to be destroved, wheresoever owned or 
kept, going at large within the City, not having a coEar abont 
his neck, with the name and place of residence of the owner 
or keeper of such dog. legibly marked on the same, according 
to the provisions of the Revis^ Statutes of this Commonwealth, 
chapter fifty-eight. 

Sect. 6. This Ordinance shall take effect and 20 into 

o 

operation from and after the tenth day of August, one thou- 
sand eight hundred and forty-six. 

passed Aagnst 6, 1846.] 



72 CITYORDINANCES. 

[No. 17.] 

AN ORDmANCE 

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

£e it ordained hy the City Council of the City of Roxhury, 
as follows : 

The City Clerk shall keep a hook in which the names of all 
the streets and highways, which now are or may hereafter be 
accepted or laid out in the City, shall be alphabetically ar- 
ranged, with the date of such laying out or acceptance, 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 hy the City Council of the City of Roxhury, 
as follows : 

That the following be the device of the City Seal, as sug- 
gested by B. E. Cotting, M. D., to wit: On the right of 
the centre of the foreground, a young matron, seated, resting 
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 centre and left 
of the background, a view of the City : — in front of which on 
the middle ground a train of railroad cars passing towards the 
metropolis ; above, on a scroll, the word ROXBURY ; beneath, 
CONDITA, A. D., 1630. In the lower semi-circle of the 



CITY ORDINANCES. 



73 



border, CIVITATIS REGIMINE DONATA, A. D., 1846 ; 
and in the upper, the motto, SAXETUM DEXTRIS 
DEOQUE CONFIDENS. 




[Passed October 26, 1846.] 



[No. 19.] 

AN ORDINANCE 
Relative to the enacting style of the City Ordinances. 

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

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

Sect. 2. The enacting clause of the following City Ordi- 
nances, viz. : 

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

An Ordinance authorizing the appointment and establishing 
the duties of a City Marshal — passed May 18, 1846 : 

10 



74 CITYOKDINANCES. 

An Ordinance concerning the form of Warrant, and the 
service and return thereof — passed May 18, 1846 : 

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

An Ordinance relating to the election of certain City Offi- 
cers — passed 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 
Commissioners of Highways, and defining the duties thereof — 
passed June 22, 1846 : 

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

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

An Ordinance prescribing rules and regulations relative to 
nuisances, sources of filth and causes of sickness within the 
City of Roxbury — passed August 6, 1846 : 

An Ordinance directing the manner in which the Ordinan- 
ces 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 effect from and after 
its passage. 

[Passed May 24, 1847.] 



CITYOEDINANCES. 75 



[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 Roxhury^ 
as follows: 

Sect. 1. The Mayor of the City is hereby authorized and 
empowered to affix the City Seal unto, and to execute and 
deliver in behalf of the City, all deeds and leases of lands and 
buildings sold or leased by the City, and all discharges, re- 
leases, assignments, agreements or other legal instruments, 
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.] 



76 CITY ORDINANCES. 

[No. 22.] 

AN ORDINANCE 
Relating to the Expenditures for Schools. 

Be it ordained hy the City Council of the City of Roxlury, 
asfolloivs: 

Sect. 1. The appropriations made by the City Council for 
the salaries of the teachers of the public schools, shall be ex- 
pended under the direction of the School Committee ; and all 
bills and accounts for the same, and all bills and accounts for 
books, stationery, maps and scientific apparatus, furnished for 
the schools by the School Committee, when certified by the 
Chairman or Secretary of said Committee, shall be audited by 
the Committee on Accounts and be paid from the City Treasury. 

Sect. 2. Whenever any new school house or the enlarge- 
ment of any school house shall be required, it shall be the 
duty of the Committee on Public Property to confer with the 
School Committee as to the location and building, or enlarge- 
ment 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 expe- 
dient. Provided, that the expense shall not exceed the ap- 
propriation therefor ; and said Committee 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 exceed the sum of one hundred 
dollars in any one instance. 

Sect. 3. The Committee on Pubhc Property shall cause 
all necessary repairs to be made in and upon the several 
school houses and the grounds attached thereto, belonging to 
the City, and provide all necessary articles for the comfort 
and convenience of the schools (with the exception of fuel) 
that may be deemed necessary, provided the School Commit- 
tee 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 supphes 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 July 26, 1847.] 



CITY ORDINANCES. 77 



[No. 23.] 

AN ORDINANCE 

In addition to " An Ordinance to prevent unlawful and inju- 
rious practices in the Streets and other Public Places of 

the City." 

Be it ordained hy the City Council of the City of Roxhury, 
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 Avhen opening the same, it shall swing 
over such street, lane, alley or sidewalk. 

Sect. 2. Any person who shall offend against the provis- 
ions 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 Boxhiry, 
as follows : 

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

Sect. 2. This Ordinance shall take effect from and after 
its passage. 

[Passed July 3, 1848.] 



78 CITY ORDINANCES. 

[No. 25.] 

AN ORDINANCE 
In relation to Numbering Houses and other Buildings. 

Be it ordained hy the City Council of the City of Roxbwy, 

as follows : 

The Major and Aldermen shall have power to cause num- 
bers of regular series to be affixed to all dwelling houses and 
other buildings, fronting on any street, lane, alley or pubhc 
court within the City of Roxbury, 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 expense to the City. 

[Passed Oct. 10, 1848.1 



[No. 26.] 

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 Roxbury." 

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

Sect. 1, No burial ground or cemetery shall hereafter be 
enlarged or estabhshed 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. 

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



CITY ORDINANCES. 79 

Sect. 3. Any person offending against any of the provi- 
sions of this Ordinance, shall forfeit for each and every offence 
a sum not less than five or more than twenty dollars, and shall 
also be liable to prosecution for the penalty for such offences 
estabhshed 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 ly the City Council of the City of Roxhury, 

as follows : 

Sect. 1. Fees not exceeding the following, shall be col- 
lected and paid for the services of the Undertakers, instead 
of those established by the Ordinance, to which this is in ad- 
dition, viz. : For digging a grave and covering the same, for 
a person over ten years of age, one 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, fifty 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,/oitr 
dollars ; and from a tomb to a grave or tomb, two dollars and 
tiventy-five cents ; for attending funerals of deceased persons 
brought from other places into this City for interment, if in a 
grave, 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. 



80 CITY ORDINANCES. 

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 inconsistent 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 inju- 
rious practices in the Streets and other Public Places in 
the City." 

Be it ordained hy the City Council of the City of Roxhury, 
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 Mayor and Alder- 
men, 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.] 



CITY ORDINANCES. 81 



[No. 29.] 

AN ORDINANCE 

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

Whereas, 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 

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

Sect. 1. The form of the deeds to be executed for the 
conveyance of lots in Forest Hills Cemetery, by the Commis- 
sioners 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 Rural Cemetery in 
said Roxbury, called the Forest Hills Cemetery, 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 man- 
agement thereof, and may be inspected by the said grantee, 
his heirs and assigns, at all reasonable times. To have and 

to hold, the aforegranted premises unto the said 

heirs and assigns forever ; but subject to the restrictions, lim- 
itations and conditions, and with the privileges following, viz. : 

First. That the proprietors of the said lot shall have the 
right to enclose the same with a wall or fence, not exceeding 
one foot in thickness, which may be placed on the adjoining 
land of the said city, exterior to the said lot. 
11 



82 CITY ORDINANCES. 

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 destroyed, with- 
out the consent of the said Commissioners. 

Third. That the proprietors of said lot shall have the right 
to erect monuments, cenotaphs or stones, commemorative 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 cor- 
ners thereof, and shall cause the number thereof to be legibly 
and permanently marked on the premises ; and if the propri- 
etor shall omit for thirty days after notice to erect such land- 
marks and to mark the number, the Commissioners 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 become 
in any way detrimental to the adjacent lots or avenues, or 
dangerous or inconvenient, it shall be the duty of said Com- 
missioners for the time being, to enter into said lot and remove 
said trees or shrubs, or such parts thereof as are thus detri- 
mental, 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 majority of the 
said Commissioners for the time being, to be offensive or im- 
proper, the said Commissioners, or a majority of them, shall 
have the right and it shall be their duty to enter upon said lot 
and remove said offensive or improper 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 Commissioners, or a 
committee of them. 

Fighth. No tomb shall be constructed or allowed within 
the bounds of the Cemetery, unless by special permission of 
the said Board of Commissioners, and in such places and in 
such manner as the Commissioners shall direct. And no pro- 
prietor 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 original 
grantee ; and if there be more than one devisee or heir at law, 



CITY ORDINANCES. 83 

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 thej 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 residence. 

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 Commonwealth of Massachu- 
setts. 

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 aforegranted 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 manner and for the purposes aforesaid, and 

will warrant and defend the same unto the said , 

heirs and assigns forever. 

In Witness whereof, the said City of Roxbury hath 
caused these presents to be signed by , the Chair- 
man of the said Board of Commissioners, to be countersigned 
by , their Secretary, and , the Treas- 
urer of the said City, and to be sealed with its common seal, 

this day of in the year of our Lord, eighteen 

hundred and . 

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. 



84 CITY ORDINANCES. 

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. 

[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.] 



[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 Moxbury, 
as follows : 

Sect. 1, That the Mayor and Aldermen be and they are 
hereby authorized and directed to appoint such a number 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. 



CITY ORDINANCES. 85 

Sect. 2. So much of Ordinance No. 11, relative to the 
Citj Watch, passed July 27, 1846, to which this is in addi- 
tion, 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 hy the City Council of the City of Roxbury, 
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. 

Sect. 2. Any person offending against any of the provi- 
sions of this Ordinance, shall forfeit for each and every offence, 
a sum not less than five, nor more than twenty dollars, and 
shall also be liable to prosecution for the penalty 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 December 31, 1849.] 



86 CITYORDINANCES. 

[No. 33.] 

AN ORDINANCE 
In relation to " Truant Children, and Absentees from School." 

[Kepealed.] 



[No. 34.] 

AN ORDINANCE 



Regulating the Fire Department of the City of Roxbury. 

Be it ordained hy the City Coimcil of the City of Roxhury, 
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 Ladder- 
men, to be divided into Companies, as the number of Engines, 
and the number and quantity of other fire apparatus belong- 
ing to the City shall, from time to time, require. 

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 En- 
gineer shall hold over, in case three of the new Board are 
elected. And in all cases of holding over, preference shall 
be given to seniority of age. 

Each Engineer shall, on his appointment, receive a written 
or printed certificate or warrant, in the words following, 
namely : 

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. 



CITY ORDINANCES. 87 

Sect. 3. The Engineers immediately on their election, 
shall organize themselves into a Board, by choosing a Secre- 
tary from their own number. The Chief Engineer shall be 
Chairman of the Board, provided in his absence the senior 
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 furniture 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 present at fires, and they 
may make such rules and regulations for the better govern- 
ment, discipline and good order of the Department, and for 
extinguishment of fires, as they may from time to time think 
expedient, the same not being repugnant to the laws of the 
Commonwealth, or to any Ordinance of the City, and being 
subject to the approval of the Mayor 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 repair 
to the place of such fire, and to carry with them a suitable 
staff, or badge, of their office ; to take proper measures that 
the several Engines, and other apparatus, be arranged in the 
most advantageous situations, and duly worked for the effec- 
tual extinguishment of the fire ; to require and compel assist- 
ance from all persons, 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 



8» CITY ORDINANCES. 

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 demol- 
ish any building, the same may be done by their joint order. 

Sect. 6. The Chief Engineer shall have the sole command 
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 extinguish- 
ment of fires, protection of property, preservation 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 
apparatus, and of the engine and other houses, and the reser- 
voirs belonging to the City, and used for the purposes of the 
Fire Department, and of the companies attached to the said 
Department, as often as circumstances may render it expedi- 
ent, or whenever directed so to do by the Mayor and Aldermen, 
or by the Committee on the Fire Department, and annually 
to report the same to the City Council, and oftener, if request- 
ed. 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 manner 
as the City Council shall direct ; and whenever the Engines 
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 Committee 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 returns of officers, mem- 
bers and fire apparatus, made by the respective companies, 
as hereinafter prescribed, and all other communications relat- 
ing to the affairs of the Fire Department ; to keep or to cause 
to'ba kept fair and exact rolls of the respective companies, 
specifying the time of admission and discharge of each mem- 
ber, 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 injured, together with the names of the 



CITY ORDINANCES. 89 

owners or occupants, and report the same, once in each year, 
to the City Council. 

The appropriations for the Fire Department of the City of 
Roxbury, for new engines, apparatus, engine houses, extraor- 
dinary 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 Department 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 under 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 admitted into 
the several companies, or discharged therefrom, 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 pe- 
riods of six months each ; and no member shall be entitled to 
any pay, unless he has served three months in the company 
in which he enters. And the Clerks of the several companies, 
shall, on or before the first day of August, November, Feb- 
ruary or May, return to the Chief Engineer a separate certifi- 
cate of the service of each member of their respective com- 
panies. 

Sect. 10. Each of the Engine, Hose and Hook and Lad- 
der 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 meeting 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 thereto, and if there be no 
Clerk, the commanding officer of said company for the time 
being, if there be one, may issue his order, in writing, to any 
member of the company, to perform that duty until one shall 
be elected. And if there be no commanding officer, the 
acting Chief Engineer shall issue 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 

12 



90 CITY ORDINANCES. 

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 j&res, 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 Aldermen. 

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

This certifies, that is appointed of 

Company No. of the Fire Department of the 

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

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

Mayor. 

^- , City Clerh. 

and sTiall 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 Aldermen, 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 Al- 
dermen shall appoint some suitable 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 



CITY ORDINANCES. 91 

perform all the duties thereof for the year which he was 
chosen, until discharged therefrom, either bj death or resig- 
nation, 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 Avhich 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 discipRne at all times in their 
respective companies, and require and enforce a strict com- 
pliance with the City Ordinances, the rules and regulations of 
the Department and the orders of the Engineers, They shall 
also keep, or cause to be kept, by the Clerks of their respec- 
tive 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 Aldermen, or the Committee on the Fire Department. 
They shall also make or cause to be made, to the Chief En- 
gineer, 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 Com- 
panies, 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 working 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 maimer return the 
said apparatus to their respective places of deposit. Provided^ 
in the absence of all the Engineers, such direction and per- 
mission may be given by their respective Foremen. 



92 CITY ORDINANCES. 

Sect. 16. The Board of Engineers, upon the nomination 
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 companj^, and the men thus appointed 
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 a 
Steward to each company, who shall hold his office 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, Engine, 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 insignia 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 Reser- 
voirs or Hydrants, except in case of fire, unless by special 
permission of the Chief Engineer. 

Sect. 21. No Engine, Hose or Hook and Ladder car- 
riage, shall be taken to a fire out of the City, without permis- 
sion 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 Depart- 
ment, 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. 93 

[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 Citj of Roxburj." 

Be it ordained hy the City Council of the City of Roxbury, 
asfoUou's : 

Sect. 1. The Major and Aldermen shall constitute the 
Board of Health of the City, for all purposes, and shall exer- 
cise 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 ordi- 
nances, regulations and orders of the City Council. 

Sect. 2. Whenever, upon due examination, it shall appear 
to the Mayor and Aldermen, that the number of persons 
occupying any tenement or building in the City, is so great as 
to be the cause of nuisance and sickness, and the source 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 persons, 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 so notified, or any 
of them, shall neglect or refuse to remove from and quit such 
tenement or building within the time mentioned in such notice, 
the Mayor and Aldermen are hereby authorized and empow' 



94 CITY ORDINANCES. 

ered thereupon forcibly to remove them ; and such person or 
persons shall further be liable to a penalty for such neglect 
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 forfeit and 
pay a sum not less than five dollars or more than twenty dol- 
lars 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.] 

AN ORDINANCE 
Establishing the Office of City Crier. 

Be it ordained hy the City Council of the City of Roxhury, 
as follows : 

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

Sect. 2. No person shall be a Common Crier Avithin the 
City of Roxbury, or cry any goods, wares or merchandise, 
lost or found, stolen goods, strays or public sales, in any of 
the streets, squares, lanes or market |3laces, within the City, 
unless he shall be licensed as aforesaid. 

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



CITY ORDINANCES. 95 

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 hy the City Council of the City of Roxhury, 
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 thousand eight hundred 
and fiftj^'-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 offence herein described, shall be pun- 
ished 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 de- 
termine, not exceeding one year. Provided, however, that 
any minor convicted of either of the offences herein mentioned, 
may be discharged by such Justice of the Peace according to 
the provisions of the said acts. 

Sect. 3. The several Justices of the Peace for the County 
of Norfolk, residing within the City of Roxbury, shall have 
jurisdiction of the offences herein set forth, and the almshouse 



96 CITY ORDINANCES. 

establishment is hereby assigned and provided as the institu- 
tion of instruction, house of reformation, or suitable situation 
mentioned in said acts. 

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

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

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

[Passed July 12, 1852.] 
[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 ordained hy the City Council of the City of Roxhury, 
as follows : 

Sect. 1. All house offal, whether consisting of animal or 
vegetable substances, shall be deposited in convenient vessels 
and kept in some convenient place, to be taken away by or 
under the direction of the person appointed by the Mayor and 
Aldermen for that purpose ; which shall be done not less than 
twice in each week. 

Sect. 2. No vault or privy shall be emptied except under 
the direction of the person appointed by the Mayor and Al- 



CITY ORDINANCES. 97 

dermen, and conformable to such regulations as tlie Mayor 
and Aldermen shall make on the subject, and always at the 
expense of the owner, agent, occupant or other person havmg 
charge of the tenement in which such vault is situated. 

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 this City, 
any house offal or night soil. 

Sect. 4. The Mayor and Aldermen, immediately after 
the passage of this 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 render annually, in the month 
of February, an account of all that may have been sold, and 
pay over the proceeds to the City Treasurer. 

Sect. 5. A book shall be kept in the office of the City 
Marshal, in which shall be entered all applications for opening 
and cleansing vaults, and the same shall receive attention in 
the order in which they are made. The Mayor and Alder- 
men 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 provi- 
sions of this Ordinance, shall be punished by a fine not ex- 
ceeding twenty dollars. 

Sect. 8. This Ordinance shall take effect and go into 
operation in twenty days from and after its passage. 

[Passed June 27, 1853.] 
13 



98 CITY ORDINANCES. 



[No. 40.] 

AN ORDINANCE 

Establishing the Office of Commissioner of Streets, and de- 
fining the Duties thereof. 

Be it ordained hy the City Council of the City of Roxhury, 
as follows : 

Sect. 1. Forthwith and hereafter, in the month of Janu- 
ary annually, there shall be appointed by the Mayor and Al- 
dermen a Commissioner of Streets, who shall continue in office 
until removed, or until a successor be appointed. He shall 
receive such compensation for his services as the Mayor and 
Aldermen shall establish, and shall be removable at the pleas- 
ure of the Mayor and Aldermen ; and in case said office shall 
become vacant by death, resignation or otherwise, 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, obstruction or encroachment 
in or upon any of the streets, roads, sidewalks, bridges, pubhc 
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 Sur- 
veyors 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, vehicles, 
tools, implements and other property of the City belonging to 
or attached to this department, and shall see that the same 
are kept in good order and condition, and shall make all 



CITYOKDINANCES. 99 

necessary arrangements for cleaning the streets and disposing 
of manure and house dirt. 

Sect. 4. The said Commissioner shall keep ian exact ac- 
count 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 exam- 
ination and allowance, at least once in each month, and at 
such other times as the said Mayor and Aldermen may direct. 
And he shall, on or before the last Monday in January, an- 
nually, make and render to the City Council, a report contain- 
ing a general statement of the expenses 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 con- 
sider 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 High- 
ways, 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 Council of the City of Roxbury, 
as follows : 

Sect. 1. No street already laid out and not built upon, 
or which shall hereafter be laid out, shall be accepted by the 
City Council, unless the same shall be fifty feet in width. 



100 CITY ORDINANCES. 

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 surveyor, duly appointed by the said Board ; and 
until a plan of said street, drawn by the said surveyor at the 
expense of the abuttors on said street, shall have been depos- 
ited with the City Treasurer. 

Sect. 3. No street shall be accepted by the City Council, 
until 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 eifect immediately 
after its passage. 

[Passed April 3, 1854.] 



[No. 42.] 

AN ORDINANCE 



To repeal " An Ordinance authorizing the appointment and 
prescribing the duties of a City Marshal. 

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

Sect. 1. The Ordinance authorizing the appointment and 
prescribing the duties of a City Marshal, is hereby repealed. 

Sect. 2. This Ordinance shall take efiect from and after 
its passage. 

[Passed May 8, 1854.] 



CITY ORDINANCES. 101 

[No. 43.] 

AN ORDINANCE 
Establisliing the Office of City Solicitor. 

Be it ordained hy the City Council of the City of Roxhury, 
as follows : 

Sect. 1. That annually in the month of February, and 
whenever a vacancy in the office may occur, there shall be 
chosen by a concurrent vote of both branches of the City 
Council, a Solicitor for the City of Roxbury, who shall be a 
resident citizen thereof, and who shall have been admitted an 
attorney and counsellor of the Courts of the Commonwealth, 
and who shall be removable at the pleasure of the City 
Council. 

Sect. 2. That it shall be the duty of said Sohcitor to 
draft all legal instruments which may be required of him, by 
any ordinance or order of the Mayor and Aldermen, or of the 
City Council, or which may be requisite to be made by the 
City of Roxbury, and any person contracting with the City in 
its corporate capacity, and which by law, usage or agreement, 
the City is to be at the expense of drawing. 

Sect. 3. That it shall be the duty of the City Solicitor to 
commence and prosecute all actions and suits to be com- 
menced, and to prosecute all actions already commenced by 
the City before any tribunal in this Commonwealth, and also 
to appear in, defend and advocate the rights and interests of 
the City, or any of the officers of the City, in any suit or 
prosecution for any act or omission in the discharge of their 
official duties, wherein any estate, right, privilege, ordinance 
or acts of the City Government, or any breach of any ordi- 
nance may be brought in question. And said Solicitor shall 
also appear before the Legislature of the Commonwealth, or 
any Committee thereof, or any Board of Commissioners or 
Referees appointed by law, and there represent, defend and 
advocate the interests of the City whenever the same may be 
in any way affected, whether to prosecute or defend the same, 
and he shall, in all matters, transact all professional business 
incident to the office, which may be required of him by the 
City Government, or by any Committee thereof; and he shall, 



102 CITY OEDINANCES. 

when required, furnish the Mayor and Aldermen, the Common 
Council, or any Committee of either or both branches, or any 
member thereof, or any oflScer of the City Government who 
may require it in the official discharge of his duties, with his 
legal opinion on any subject relating to the duties of their 
respective offices. And his opinion shall be given in writing 
whenever required. 

Sect. 4. That in full compensation for all the services of 
said Sohcitor, he shall receive the sum of five hundred dollars 
for the first year, after which he shall receive such salary as 
the City Council may from time to time determine upon ; and 
said salary shall be paid in equal quarterly payments. In all 
cases, however, when his attendance may be required out of 
the City, his reasonable travelling expenses shall be allowed 
him ; and in suits and prosecutions he shall be entitled to 
receive and retain for his own use, the legal taxable costs 
which may be recovered of the adverse party, where the City 
shall recover the same, according to the usage and practice in 
the Courts. 

Sect. 5. The said Solicitor shall enter upon the discharge 
of the duties of his office immediately after he is chosen, the 
present year, and afterwards upon the first of March, annually. 

Sect. 6. This Ordinance shall take eflfect from and after 
its passage. 

[Passed Feb. 5, 1855.] 



[No. 44.] 

AN ORDINANCE 
Relating to Expenditures for Lamps. 

Be it ordained hy the City Council of the City of Roxhury, 
asfollotvs : 

Sect. 1. The appropriations made by the City Council for 
Lamps, shall be expended under the direction of the Commit- 
tee on Lamps. And all bills and accounts for lamps, lamp- 



CITY ORDINANCES. 103 

posts, oil, camphene and gas, when certified by the Chairman 
of said Committee, shall be audited by the Committee on 
Accounts, and be paid from the City Treasury. 

Sect. 2. Said Committee shall from time to time cause 
such additional lamps to be set up as they may determine that 
the public safety and convenience require, (provided the ex- 
pense shall not exceed the appropriation therefor,) and shall 
make such rules and regulations respecting the lighting, 
extinguishing and preservation of such lamps as they may 
deem most for the benefit of the City. 

Sect. 3. Said Committee shall annually, in the month of 
October, report to the City Council the condition of the City 
lamps ; the manner the appropriations under their direction 
have been expended, and make such suggestions in reference 
to future appropriations and expenditures for the purpose, as 
in their judgment the public safety and convenience may 
require. 

Sect. 4. This Ordinance shall take effect from the date 
of its passage. 

[Passed Feb. 12, 1855.] 



[No. 45. J 

AN ORDINANCE 



Authorizing the appointment and prescribing the duties of 
City Marshal. 

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

Sect. 1. The Mayor and Aldermen shall forthwith and 
hereafter, in the month of April, annually, appoint a City 
Marshal, and such number of Assistants as they may deem 
necessary for day and night police, with the powers and duties 
of constables, who shall remain in office until the next annual 
election, unless removed as hereinafter provided. 



104 CITY ORDINANCES. 

Sect. 2. Said Marshal shall have precedence and com- 
mand over his Assistants, and the other Constables, whenever 
engaged in the same service, or when directed thereto by the 
Major and Aldermen, and before entering upon the duties of 
his office, shall be sworn to the faithful performance of its 
duties by the Mayor, and shall also give bonds to the Treas- 
urer of the City of Roxbury in the sum of five hundred dollars, 
with sufficient sureties, to be approved by the Mayor and Al- 
dermen, for the faithful performance 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 removed 
or prosecuted, according to law ; to notice all offences against 
the laws and against the ordinances of the City, taking the 
names of the offenders, to the end that the same may be pros- 
ecuted. It shall also be his duty to receive 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. It shall also be his duty to 
attend all fires by day and by night, and report himself to the 
Chief Engineer or his successors, and exert himself to the 
utmost of his powers to keep good order, to remove all sus- 
pected persons from the vicinity of the fire, and to protect the 
property of the citizens from loss or damage. He shall also, 
whenever requested by the Chief Engineer, visit and direct 
his Assistants to visit, at all hours of the day or night, each 
and all of the engine houses for the purpose of aiding in the 
enforcement of the City ordinances. It shall also be his duty, 
and that of his Assistants, to act as truant officers in the en- 
forcement of the ordinance in regard to truants and absentees 
from school. 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 concerned 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 



CITY ORDINANCES. 105 

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 fur- 
nish the Mayor with a detailed report, in WTiting, of such 
offences against the laws or the City ordinances, 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 pen- 
alties incurred for violations of the by-laws and ordinances of 
the City, and all fees received by himself or his assistants as 
witnesses, or for service of criminal processes, or for services 
in behalf 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 office the said City Marshal and his Assist- 
ants, or any or either of them ; and thereupon, or in case of 
the death or resignation of any or either of them, proceed to 
appoint a successor or successors for the residue of the year. 

Sect. 5. The Assistant Marshals shall act under the 
direction of the City Marshal, and the Mayor and Aldermen, 
in the performance of their duties, and of any and all such 
duties as are prescribed in this Ordinance for the City 
Marshal. 

Sect. 6. The City Marshal and Assistants shall receive 
in full for all their services, respectively, such compensation 
(per diem) as the City Council may from time to time deter- 
mine ; together with all necessary charges for travel, offices, 
warming and lighting the same, and for all necessary imple- 
ments for carrying out the purposes of a police organization. 

Sect. 7. This Ordinance shall take effect and go into 
operation from and after its passage.. 

[Passed Peb. 26, 1855.] 
14 



16 CITY ORDINANCES. 

[No. 46.] 

AN ORDINANCE 

Amendatory of " An Ordinance in relation to the acceptance 
of Streets in the Citj of Roxburj." 

Be it ordained hy the City Council of tlie City of Roxhury, 
as follows : 

Sect. 1. That Section 1 of " An Ordinance in relation to 
the acceptance of Streets in the City of Roxbury," passed 
April 3d, 1854, be amended as follows : No street already 
laid out and not built upon, or which shall hereafter be laid 
out, shall be accepted by the City Council, unless the same 
shall be fifty feet in width. Provided, that Avhenever it may 
be desirable to lay out a street not exceeding forty rods in 
length, it shall be competent for the Mayor and Aldermen to 
lay out such a street as may be required for the public con- 
venience, at such width, not less than thirty feet, as may be 
prescribed by the said Mayor and Aldermen. 

[Passed June 11, 1855.] 



[No. 47.] 

AN ORDINANCE 



Amendatory of " An Ordinance regulating the Eire Depart- 
ment of the City of Roxbury." 

Be it ordained hy the City Council of the City of Boxhury^ 
asfolloivs : 

Sect. 1. That Section 19 of the Ordinance aforesaid, be 
and hereby is repealed. 

Sect. 2. The members of the several companies shall not 
assemble in the houses entrusted to their care, on the Sabbath, 
except for the purpose of taking the Engine or apparatus, on 



CITY ORDINANCES. 107 

an alarm of fire, and of returning the same to the house, and 
taking the necessary care of said apparatus after its return. 
And any member violating this regulation herein made, shall 
be liable to be discharged from the Department by the Mayor 
and Aldermen. This regulation shall not apply to the Officers 
and Stewards of the several companies. 

Sect. 3. No person not connected -with the Department 
shall enter the different engine houses in the City on the 
Sabbath, for any other purpose than to render assistance in 
taking or returning the Engine or Engines, or apparatus, on 
an alarm of fire. And any person so offending shall forfeit 
the sum of five dollars, to be recovered on complaint made to 
the Presiding Justice of the Police Court of said City. 

[Passed June 25, 1855.] 



[No. 48.] 

AN ORDINANCE 
Establishing the Office of City Physician. 

Be it ordained hy the City Council of the City of Roxhury, 
as follows : 

Sect. 1. There shall be chosen forthwith, and hereafter 
annually in the month of May, and whenever a vacancy 
occurs, by concurrent vote of the two branches of the City 
Council, a City Physician, who shall hold his office until he is 
removed, or a successor chosen in his place. He shall be 
removable at the pleasure of the City Council, and shall 
receive such compensation as the City Council shall from time 
to time determine. 

Sect. 2. The said physician shall attend, at his office, or 
at such place as may be designated, at such times during the 
day as the Board of Aldermen may direct; and he shall 
vaccinate any inhabitant of the City, who shall apply to him 
for that purpose, without charge ; he shall also give certifi- 
cates of vaccination to such children as have been vaccinated, 
to enable them to obtain admission to the public schools : 



108 CITY ORDINANCES. 

provided, that no person shall be entitled to the benefits of 
this section, who shall wilfuUj refuse or neglect to return to 
said physician when requested so to do, for the purpose of 
proving the effect of the vaccination, or of renewing the supply 
of virus for the use of said physician. 

Sect. 3. The said City Physician shall always have on 
hand, as far as is practicable, a sufficient quantity of- virus, 
and he shall supply the Consulting Physicians of the City, 
and the physicians of the Roxbury Dispensary, with the same 
without charge. 

Sect. 4. He shall keep a record of all cases of Small Pox, 
or other malignant diseases, attended by him under this Ordi- 
nance, and make a report thereof to the City Council, as often 
as once in three months, or whenever the Board of Aldermen 
may direct. 

Sect. 5. The said City Physician shall examine all causes 
of disease within the City, and inquire into all sources of dan- 
ger to the public health ; and in caSe of an alarm of any con- 
tagious, infectious, or other dangerous disease occurring in 
the City or neighborhood, to give to the Mayor, or either 
Board of the City Council, such professional advice and infor- 
mation as they may request, with a view to the prevention of 
said diseases, and the preservation of the health of the 
inhabitants. 

Sect. 6. The said City Physician shall likewise perform 
all professional services required at the City Almshouse, when 
called upon by the Superintendent of the same, the Overseers 
of the Poor, or Mayor and Aldermen ; and shall likewise per- 
form such duties as are required in " An Act to secure 
general vaccination " as the Mayor and Aldermen may direct. 

Sect. 7. The said City Physician shall attend to all cases 
of disease that may occur among prisoners in the " Lock-up," 
and perform such other professional services as may be re- 
quired at the aforesaid place when called upon by any of the 
City Police. 

Sect. 8. This Ordinance shall go into effect on and after 
its passage. 

[Passed July 16, 1855.] 



Citg 0f |l0^'hry. 



RULES AND ORDERS 



BOARD OF 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. 



110 Bules and Orders of the Board of Aldermen. 

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

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

V. No member shall be interrupted while speaking, but 
by a call to order, or for the correction of a 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 deter- 
mine 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 



COMMON COUNCIL 



RIGHTS AND DUTIES OF THE PRESIDENT. 

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

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 aj0firma- 
tive and negative, to rise and stand until they are counted, 
and he shall declare the result; but no decision shall be 
declared, unless a quorum of the Council shall have voted. 



112 Rules and Orders of the Common Council, 

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, provided 
onc'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 
pi*eVious 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 m. which 
they stand arranged. 

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

Sect. 12. He shall put the previous question in the fol- 
lowing form : — " Shall the main question he noiv put f — 



Lithe Citi/ of Hoxburi/, for 1855. 113 

and all debate upon the main question shall be suspended 
until the previous question shall be decided. After the adop- 
tion 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 ques- 
tions 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. 15. All Committees shall be appointed and an- 
nounced bj the President, except such as the Council deter- 
mine to elect bj ballot ; and it shall be in order for any 
member to move that the President be appointed on any 
Committee. 

EIGHTS AND DUTIES OF MEMBERS. 

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

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

Sect. 18. No member speaking shall be interrupted by 
another, but by rising to call to order, or to correct a mistake. 
15 



114 Rules and Orders of the Common Oouncil, 

When a member is called to order, he shall immediately sit 
down, unless permitted to explain, and the Council, if appealed 
to. shall decide on the case without debate ; and if the de- 
cision is against the member, he shall not be permitted to 
speak, unless bj 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 request it. 

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

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

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

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



J 



In the City of Roxbury,for 1855. 115 

Sect. 26. When the reading of a paper is called for and 
the same is objected to bj any member, it shall be determined 
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 mo- 
tion 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 chair- 
man of more than one. 

OF COMMUNICATION'S, COMMITTEES, REPORTS AND RESOLU- 
TIONS. 

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 otherwise 
direct. And every member presenting a petition, remon-- 
strance, 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. 

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



116 Rules and Orders of the Common Council, 

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

Sect. 34. "When Committees of the Council, chosen by 
ballot, or Committees consisting of one member from each 
ward, have been appointed or elected, whether joint or other- 
wise, 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 j»ro tern. 

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 passed 
by this Council ; and all ordinances after being so passed, 
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-third 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. 

Sect. 40. The Clerk shall keep brief minutes of the votes 
and proceedings of the Council, — entering thereon all accepted 



In the City of Hoxhuri/, for 1855. 117 

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 written 
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 ehgible, 
shall be reported to the Council, but shall not be counted in 
making up the returns, except in cases where this Council 
have only a negative upon nominations made by the Mayor 
and Aldermen. 

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

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



JOWT RULES AND ORDERS 



CITY COUNCIL. 



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

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

A Committee on Accounts : — To consist of two Aldermen, 
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 mem- 
bers of the Common Council. 

A Committee on Public Instruction : — 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. 

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



Joint Rules and Orders of the City Council'. 119 

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

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

A Committee on Lamps : — 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, decease, 
inability or absence of that officer, the Chairman of the Board 
of Aldermen shall act ex officio. And the members of the 
Board of Aldermen and of the Common Council, who shall 
constitute the Joint Standing Committees, shall be chosen or 
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 member, 
shall be its Chairman ; and in case of his resignation or 
inability, the member of the same Board next in order ; 
and after him the member of the 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 whenever the 
Chairman of any such Committee shall have omitted to call a 
meeting of its members for the space of one week from the 
time any subject has been referred to it, either two of the 
members of every such Joint Standing Committee shall have 
power to call meetings thereof. 

Sect. 2. In all cases of disagreement between the two 
Boards, when either Board shall request a conference and 
appoint a Committee for that purpose, the other Board shall 
also appoint a Committee to confer, which Committees shall 



120 Joint Rules and Orders of the City Council. 

forthwith meet, provided both branches are then in session ; 
otherwise, as soon as convenient, and state to each other, 
either verbally or in writing, as either shall choose, the reasons 
of the respective Boards for and against the amendment, 
confer freely thereon, and report to their respective branches. 

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

Sect. 4. All by-laws passed by the City Council, shall be 
termed Ordinances ; and the enacting style shall be, — " Be 
it ordained hy the City Council of the City of MoxhuryP 

Sect. 5. In all votes, when either or both branches of the 
City Council express any thing 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 consultation, 
and no report shall be received unless agreed to in Committee 
actually assembled. 

Sect. 7. No Chairman of any Committee shall audit or 
approve any bill or account against the City, for any supphes 
or services which shall not have been ordered or authorized 
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 Committees may 
report by ordinance, resolve, or otherwise. 

Sect. 10. All reports and other papers submitted to the 
City Council, shall be written in a fair hand, and no report of 
any kind shall be endorsed on the memorials or other papers 
referred to the Committees of either branch : and the clerks 



Joint Rules and Orders of the City Council. 121 

shall make copies of any papers to be reported bj 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 Resolu- 
tions 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 enrolled ; and 
when the same shall have passed to be enrolled, it shall be 
sent to the other Board for concurrence ; and when such 
Ordinance shall have so passed to be enrolled in each Board, 
the same shall be enrolled by the Clerk of the Common 
Council, and examined by a Committee of that Board ; and 
on being found by said Committee to be truly and correctly 
enrolled, the same shall be reported to the Council, when the 
question shall be on passing the same to be ordained ; and 
when said Ordinance shall have so passed to be ordained, it 
shall be signed by the President of the Common Council, and 
sent to the other Board, when a like examination shall be 
made by a Committee of that Board, and if found correctly 
enrolled, the same shall be reported to the Board, and 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 print- 
ing, for the use of either branch of the City Council, it shall 
be sent to the other Board for concurrence. 

16 



122 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 bj the respective Clerks, and may be trans- 
mitted bj 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 wrecks, 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 spe- 
cific transfer from some of the appropriations contained 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 afiirmative 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 reconsidered 
in either Board after the same has been finally acted upon in 
the other Board, unless the motion for reconsideration be 
made, or notice given at the same meeting at which the vote 
to be reconsidered passed. 



GOVEENMENT 

OF THE 

CITY OF ROXEUEY, 

1855. 



MAYOE. 

JAMES RITCHIE, MarceUa, corner Highland Street, 

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



AXDERMEN. 



CHARLES BUNKER, Cedar, cor. Centre St., At Large, 

CALVIN B. FAUNCE, Washington, cor. Lowell St., " 

SAMUEL S. CHASE, Dana Place, 

ASA WYMAN, Zeigler Street, Ward 1. 

JOSEPH HOUaHTON, Buggies St., cor. Sumner PL, " 2. 

MOSES H. WEBBER, Greenville Street, " 3. 

FRANCIS GARDNER, Centre Street, " 4. 

WILLIAM D. ADAMS, Rockland Avenue, " 5, 



COMMON COUNCIL. 
WILLIAM ELLISON, President, Cedar Square, 

Ward 1. 

Franklin WUliams, . . Zeigler Street. 
William Morse, . . . Davis Street. 

George H. Pike, . . . Eaton Street. 
Asa Wyman, Jr., . . Adams Street, 



126 



CITY OFFICERS 



John M. Marston, 
Alvin M. Robbins, 
William H. Palmer, 

Benjamin S. Noyes, 



Robert Simpson, . 
Robert W. Molineux, 
William R. Huston, 
Joseph H. Swain, 



Samuel A. ShurtlefF, 
William Ellison, . 
Clark I. Grorham, 
Eben'r W. Bumstead, 



Henry P. Shed, . 
Joseph W. Robbins, 
James W. Gushing, 
John W. Wolcott, 



Ward 2. 

Church Place. 
Williams Place. 
Auburn Street. 
Vernon Street. 

Ward 3. 

Suffolk Place. 
Washington, cor. High. St. 
Dudley Street. 
Rockingham Place. 

Ward 4. 

Linwood Place. 
Cedar Square. 
Turnpike. 
Centre Street. 

Ward 5. 

Warren St. , cor. Mt. Vernon PI. 
Elm Street. 
Warren Street. 
Walnut Park. 



City Cle?^k, and Clerk of Board of Aldermen. 
JOSEPH W. TUCKER, Lambert Street. 

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, Ruggles, corner Sumner Place. 

Salary $200. [Chosen by Common Council.] 

City Messenger. 
WILLIAM N. FELTON, Proctor, corner East Street. 

Salary $300. [Chosen by concurrent vote in April. Ordi- 
nance No. 5.] 



CITY OFFICEES. 



12T 



JOINT STANDING COMMITTEES. 



ON FINANCE. 



The Mayor. 

Alderman 
Bunker. 



Aldermen 
Bunker, 
Eaunce. 



Common Council. 

Messrs. Shed, 

Shurtleff, 
Huston, 
Palmer, 
Wjman. 



ON ACCOUNTS. 



Common Council. 
Messrs. Gushing, 
Bumstead, 
Gorham. 



ON PUBLIC PROPERTY. 



Aldermen 
Adams, 
Houghton, 
Bunker. 



Common Council. 
Messrs. WilHams, 

Palmer, 

Wolcott, 

Shurtleff, 

A. M. Robbins. 



ON PUBLIC INSTRUCTION. 



The Major. 

Aldermeti 
Webber, 
Chase. 



Common Council. 
Messrs. EUison, 
Williams, 
Shed, 
Palmer, 
Molineux. 



ON HIGHWAYS, BRIDGES AND SIDEWALKS. 

The Major. Common Council. 

Aldermen Messrs. Wolcott, 

Gardner, Marston, 

Wjman. Huston, 

Bumstead, 
Pike. 



128 



CITY OFEICEES. 



ON THE FIRE 


DEPARTMENT. 


Aldermen 
Faunce, 
Chase, 
Bunker. 


Common Council, 
Messrs. Morse, 
Noyes, 
Simpson, 
Gorham, 
J. W. Bobbins 


ON EtfPvIAL GROUNDS. 


The Mayor. 

Aldermen 
Adams, 
Webber. 


Common Council. 
Messrs. Wyman, 
Noyes, 
Swain, 
Shurtleff, 
J. W. Bobbins 


ON FtTEL. 


Aldej'men 
Wyman, 
Houghton. 


Common Council. 
Messrs. Marston, 
Morse, 
Swain. 


ON POOR ANt> ALMSHOUSE. 


The Mayor. 
Alderman 
Bunker. 


Common Council. 
Messrs. WiUiams, 
Gorham, 
Marston. 


ON LAMPS. 


Aldermen 

Gardner^ 
Faunce. 


Common Council. 
Messrs. Wolcott, 

Pike, 

Bumstead. 



-CITY OFFICERS. ' 129 



STANDING COMMITTEES OF THE BOARD OF 
ALDERMEN. 

ON POLICE. 

The Mayor, Aldermen Bunker and Adams. 

ON LICENSES. 

The Major, Aldermen Gardner and Faunce. 

ON ENROLMENT. 

Aldermen Bunker, Webber and Chase. 

ON LAYING OUT AND WIDENING STREETS. 

The Major, Aldermen Wjman and Houghton. 

ON BILLS OR ACCOUNTS PRESENTED FOR ALLOWANCE OR PAYMENT. 

Aldermen Chase, Gardner and Webber. 



STANDING COMMITTEES OF THE COMMON 
COUNCIL. 

ON ELECTIONS. 

Messrs. Cushing, Bobbins and Shed. 

ON ENROLLED ORDINANCES. 

Messrs. Cushing, Wjman and Simpson. 



TREASURY DEPARTMENT. 

Joseph W. Dudlej, Treasurer and Collector. House, Blan- 
chard Place. Salary $1,200. [Chosen by City Council, 
in Convention, in January. Office, City Hall. See Ordi^ 
nance No. 8.] 

17 



130 



CITY OFFICERS 



ASSESSORS. 



Eben Jones, Walter Farnsworth, Joshua Seaver. [Chosen 
by City Council, in Convention, in April.] Receive $225 
each, and $75 Clerk hire. 



ASSISTANT ASSESSOKS. 



Ward 4. Granville W.Wilson, 
5. Stephen Hammond. 



Ward 1. Tillson Williams, 

2. Gera Farnum, 

3. Moses Gragg, 

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



OVERSEERS OF THE POOR. 

The Mayor, ex officio, Chairman. 



Ward 1. Warren Marsh, 
2. Ira Allen, 



3. Moses Gragg, 



Ward 4. Nelson Worthen, 
5. Cha's W. Newell. 



[Chosen in each Ward where they reside.] 



THE ALMSHOUSE. 



Ezra Young, 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. 



James Ritchie, 
Charles Bunker, 
Calvin B. Faunce, 
Samuel S. Chase, 
Asa Wyman, 



Joseph Houghton, 
Moses H. Webber, 
Francis Gardner, 
William D. Adams. 



CITY OFEICERS. 131 



COMMISSIONER OF STRF.ETS. 



John R. Howard, corner Turnpike and Dale Streets. Salary 
|500. [Chosen by the Mayor and Aldermen, in January. 
See Ordinance No. 40.] 



FIRE DEPARTMENT. 

[Ordinance No. 34.] 
CHIEF ENGINEER. 

John L. Staunton. Salary $200. 

ASSISTANT ENGINEERS. 

1. Jerahmeel C. Pratt, 3. James Munroe, 

2. Gilbert S. May, 4. Amory F. Sherman. 

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

FOREMEN OF ENGINES. 

Warren Co. No. 1. Dudley, corner Warren Street. 
Oliver Blake. 

America Co. No 2. Centre Street. 
George White. 

Jamaica Co. No. 3. Centre, near Perkins Street. 
[Vacant.] 

Torrent Co. No. 6. Eustis Street. 
Phineas D. Allen. 

Tremont Co. No. 7. Ruggles Street. 
Thomas P. Sweat. 



132 



CITY OPPICERS. 



Washington Hooh and Ladder Co. Dudley, cor. "Warren St. 
Charles A. Adams. 

CocTiituate Hose Co. Near Railroad crossing, Wash' ton St. 
Thomas A. Scott. 



THE FOLLOWING TABLE EXHIBITS THE PAT OF THE OFFICERS AND 
MEMBEES OF THE SEVERAL ENGINE COMPANIES. 



Name of Engine. 



s 

o 


O 


CO 


No. of Men 
exclusive of 
Officers. 


$40 


$40 


$100 


38 


40 


40 


100 


38 


40 


40 


100 


38 


40 


40 


100 


38 


40 


35 


25 


18 


40 


35 


50 


10 



o-g 



"Wan-en, No. 1, .... 
America, No. 2, . . . . 
Jamaica, No. 3, ("Vacant,} 
Torrent, No. 6, . . . . 
Tremont, No. 7, . . . . 
Hook and Ladder Company, 
Cochituate Hose Companjj 



$30 
30 

30 
30 
30 
30 



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



POLICE DEPARTMENT. 



POLICE COUKT. 



Established bj an Act of the Legislature, passed April 9th, 
1855. (Page 40.) 



STANDING JUSTICE. 



Francis Hilliard, corner Highland and Cedar Streets. Salary 
$1,000. 

SPECIAL JUSTICES. 

Joshua Seaver, Eben Jones. 



CITY OFFICERS. 



133 



CITY MARSHAL. 



Benjamin Meriam, Turnpike Street. Salary $2 per diem. 
[Ordinance No. 45. Appointed by the Mayor and Al- 
dermen.] 

ASSISTANT MARSHALS, WATCHMEN AND POLICE OFFICERS. 



William D. Cook, 
Henry J. V. Myers, 
Joseph Hubbard, 
Elliot Trask, 



Hawley Folsom, 
Hiram A. Campbell, 
Samuel Mcintosh. 



Salary ^2 per diem ; fixed by the City Council. All fees 
paid into the City Treasury. [Appointed by the Mayor 
and Aldermen.] 



CONSTABLES. 



Benjamin Meriam, 
William D. Cook, 
Henry J. V. Myers, 
Joseph Hubbard, 
Elhot Trask, 
HaAvley Folsom, 
Phineas B, Smith, 
Hiram A. Campbell, 
Luke Jewett, 
John I. Hastings, 



Samuel S. Littlefield, 
Charles T. Trask, 
Morrill P. Berry, 
Samuel Mcintosh, 
Zebedee C. Perry, 
George Everett, 
James Staniels, Jr., 
Ezekiel Merrill, 
Ezra Youns. 



[Appointed by the Mayor and Aldermen.] 

CORONER. 

Thomas Adams, Vernon Street. 



TRUANT OFFICERS. 



Wilham D. Cook, 
Henry J. V. Myers, 
Joseph Hubbard, 
Elliot Trask, 



Hawley Folsom, 
Phineas B. Smith, 
Hiram A. Campbell. 



[Ordinance No. 
men.] 



38. Appointed by the Mayor and Alder- 



134 CITY OFFICERS 



CITY SOLICITOR. 

James M. Keith, corner Turnpike and St. James Streets. 
Salary $500. [Appointed bj the City Comicil. Ordi- 
nance No. 43.] 



HEALTH DEPARTMENT. 

BOARD OF HEALTH. 

The Mayor and Aldermen. 

CONSULTING PHYSICIANS. 

Charles M. Windship, 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.] 

SUPERINTENDENT OF BURIAL GROUNDS. 

The Undertaker. 

UNDERTAKER. 

John C. Seaver, Zeigler Street. [Ordinance No. 12.] 



CEMETERY AT FOREST HILLS. 

BOARD OF COMMISSIONERS. 

[Elected by the City Council. See Act, page 24.] 

Term Expires. 

Francis C. Head 1856. 



Alvah Kittredge, 
William J. Reynolds, 
Linus B. Comins, 
Jonathan French, 



1857. 

1858. 
1859. 
1860. 



Alvah Kittredge, Chairman. 

Francis C. Head, Secretary. 

Joseph W. Dudley, City Treas., Treasurer. 

Joseph W. Tucker, Register. 

Daniel Brims, Superintendent. 



PUBLIC SCHOOLS. 135 

The following officers are first elected by the Mayor and Al- 
dermen, and then sent to the Common Council for their 
concurrence. They are all paid by fees. 

Field Drivers and Hogreeves. — Bradbury Pevear, William 
Lingham, William D. Cook, John I. Hastings, Hiram A. 
Campbell. 

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

Pound Keeper. — Ezra Young. 

Tythingmen. — Elbridge A. Hovey, Phineas B. Smith, 
Nathaniel Adams, Nahum Ward. 

Sealers of Leather. — Reuben Stackpole, Joseph W. 
Winslow. 

Surveyors of Lumber. — Gera Farnum, Tillson Williams. 

Measurers of Wood and Barh. — Joseph Bugbee, Elbridge 
A. Hovey, Royal L. Hodsdon, George B. Faunce, D. Web- 
ster Bullard. 

Weigher of Say. — Andrew W. Newman. 

Sealer of Weights and Measures. — Thomas Taber. 



PUBLIC SCHOOLS. 

SCHOOL COMMITTEE. 

Bradford K. Peirce, Chairman. 
Joshua Seaver, Secretary. 

Fleeted at Large. 

Bradford K. Peirce, John S. Flint, 

Joseph H. Streeter. 

Fleeted hy Wards. 
Ward 1. — ^Horatio G. Morse, Plenry W. Farley. 
Ward 2. — Joshua Seaver, Charles Marsh. 
Ward 3. — William H. Ryder, Benjamin Mann. 
Ward 4. — John Wayland, James Waldock. 
Ward 5. — ^Daniel Leach, Edwm Ray. 



136 



PUBLIC SCHOOLS 



SUB-COMMITTEES. 



Boohs. — Messrs. Peirce, Wayland, Leach, Ryder, Morse. 
Finance. — Messrs. Seaver, Flint, Raj. 
Regulations. — Messrs. Ryder, Streeter, Waldock. 
Filling Vacancies in Primary and Intermediate Schools. 
Messrs. Peirce, Wayland, Morse, Leach, Ryder. 



OF DIFFERENT SCHOOLS. 



Schools. 


Location. 


Local Committee. 


English High, for Boys . 


Mount Vernon Place .... 


Ryder, Marsh and Mann. 


Latin 


Mount Vernon Place .... 


Under charge of Trustees. 


High School for Girls . . 


Kenilworth Street 


Peirce, Wayland, Ryder. 


Dudley 


Kenihvorth and Bartlett Streets 


Wayland, Marsh and Ray. 


Washington 


Washington Street 


Leach, Seaver, Waldock. 


Dearborn 


Abney Place, near Davis St. 


Morse, Flint and Farley. 


Comins 


Gore Avenue 


Streeter, Mann and Ray. 


Intermediate 


Vernon Street 


Seaver. 



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

English High School. — Boys. 

S. M. Weston, Principal. 
Robert C. Metcalf, Assistant. 

These Schools are undei- the direction of a Board of Trustees, consisting 
of the following gentlemen : 



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



Samuel H. Walley, 
' Benjamin Kent, 

B. E. Cotting, 
( A. C. Thompson, 

Theodore Otis, 

S. P. Blake, 

I. M. Spelman. 



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



* Samuel Guild has resigned. The vacancy is to be filled. 



PUBLIC SCHOOLS. 137 

High School. — Girls. 
Robert Bickford, Principal. 

Dudley School. — Girls. 
Adeline Seaver, Principal. 
Sophronia F. Wright, Mary Ward, Clara B. Tucker, Ellen 
A. Marean, Caroline Alden, Henrietta M. Young, Assistants. 

Washington School. — Boys. 

John Kneeland, Principal. 

Benjamin C. Vose, Sub-Master. 
Sarah H. Page, Anna M. Williams, Hannah R. Chad- 
bourne, Harriet E. Burrell, Sarah M. Vose, Margaret A. 
Mathews, Caroline C. Drown, Assistants. 

Dearborn School. — Boys. 

William H. Long, Principal. 

Louisa E. Harris, Ruth P. Stockbridge, Martha Stone, 
Louisa J. Eisher, Assistants. 

CoMiNS School. — Girls. 
Sarah A. M. Cushing, Principal. 

Mary C. Eaton, Ehzabeth W. Young, Almira W. Cham- 
berlain, Assistants. 

Intermediate School. — Boys. 

Delia Mansfield, Principal. 
Nancy L. Tucker, Assistant. 

18 



138 



PUBLIC SCHOOLS. 



PEIMAEY SCHOOLS— 1855. 



Teachers. 


Location. 


Committee. 


1. Sarah T. Jennison .... 


Yeoman Street . . . 


Morse. 


2. Caroline J. Nash . . 






Yeoman Street . . . 


Morse. 


3. Sarah E. Spofford . . 






Yeoman Street . . . 


Morse. 


4. Eliza C. Parmelee . . 






Yeoman Street . . . 


Morse. 


5. Elizabeth A. Morse 






Eustis Street .... 


Flint. 


6. L. Annie Sawyer . • 






Eustis Street .... 


Flint. 


7. Maria L. Young . . 






Sumner Street . . . 


Farley. 


9. Ann M. Horn . . 






Vernon Street . . . 


Ryder. 


10. Susannah L. Durant 






Vernon Street . . . 


Ryder. 


12. Susan A. Fall . . 






Sudbury Street . . . 


Marsh. 


13. Cornelia J. BiUs . 






Sudbury Street . . . 


Marsh. 


14. Pluma A. Savage . 






Sudbury Street . . . 


Marsh. 


15. Ann M. Backup 






Avon Place .... 


Waldock. 


16. Ann Crowninshield 






Avon Place .... 


Waldock. 


17. Sarah W. Holbrook 






Mill Dam 


Mai-sh. 


18. Emily Gardner . . 






Orange Street . . . 


Seaver. 


19. F. N. Brooks . . 






Orange Street . . . 


Seaver. 


20. Mary A. Waldock . 






Smith Street .... 


Waldock. 


21. Elvu-a Morse . . 






Smith Street .... 


Waldock. 


22. C. B. Thompson . 






Francis Street . . . 


Mann. 


23. Mary A. Morse . . 






Centi-e Street .... 


Wayland. 


24. Henrietta M. Wood 






Centre Street .... 


Wayland. 


25. Caroline N. Heath . 






Near Jamaica Plain . . 


Streeter. 


26. Persis A. Winn . . 






Edinboro' Street . . . 


Ray. 


28. Margaret G. Chenery 






Munroe Street . . . 


Ray. 


29. Sarah A. Dudley . 






Elm Street .... 


Leach. 


30. H. B. Scamraell . 






Elm Street .... 


Leach. 



Teachers are elected, except 
fixed by the School Committee. 



those in the High School, and their salaiy 



WARD OFFICERS. 



139 



WARD OFFICERS. 
Ward 1. 



Warden, 
Henry W. Farley. 

Clerk, 
Jesse E. Razee. 



Inspectors, 
Chester M. Gay, 
George H. Miller, 
Lucius L. Ryerson. 



Warden, 
Joshua Seaver. 

Clerk, 
Thomas P. Sweat. 



Ward 2. 



Inspectors, 
Charles Williams, 
Henry J. V. Myers, 
Henry Basford. 



Warden, 
Edward T. Cowdry. 

Clerk, 
Joseph H. Swain. 



Ward 3. 



Inspectors, 
Matthew Gannett, 
Robert Simpson, 
Chas. R. M. Pratt. 



Warden, 
Solomon Hopkins. 

Clerk, 
William H. Childs. 



Ward 4. 



Inspectors, 
James Keene, 
E. B. Rumrill, 
Francis Freeman. 



Ward 5. 



Warden, 
Sylvester Bliss. 

Clerk, 
Francis H. Thompson. 



Inspectors, 
Henry Parkhurst, 
Benjamin Meriam, 
Gilbert S. May. 



140 WARDS. 



WARDS, 

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

WARD 1. Beginning on Washington Street, at the 
division line between Boston and Roxbury ; thence on the 
easterly side of Washington Street, to the Norfolk and Bristol 
Turnpike ; thence on the easterly side of said turnpike, to 
Dudley Street ; thence on the northerly side of said street, to 
Eustis Street ; thence on the 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 Ruggles to Parker 
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 Centre 
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. 141 

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 turnpike to a 
stone monument ; thence in a straight line to a stone monu- 
ment near Leonard Hyde's on Centre Street, being the divi- 
sion line between West Roxbury and Roxbury ; thence in a 
direct hne to the division line between Brookline, Roxbury 
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 Hall, Dudley Street. 

" 5. Vestry Methodist Church, Warren, corner Cliff St. 



142 



MODES OP APPOINTMENT OF CITY OFEICERS. 



MODES AND TIMES OF APPOINTMENT OF THE 
VARIOUS CITY OFFICERS. 



City Clerk — in Convention, . . . January. 

Undertaker — Mayor and Aldermen, 

Chief and Assistant Engineers — in Con- 
vention, ...... April. 

Commissioner of Streets — Mayor and Al- 
dermen, . . . . . . January. 

Field Drivers and Hogreeves, Fence View- 
ers, Pound Keeper, Tythingmen, Sealers 
of Leather, Surveyors of Lumber, Meas- 
urers of Wood and Bark, Weigher of 
Hay, Sealer of Weights and Measures, 
Weighers of Coal — Concurrent vote, first 
acted upon by the Mayor and Aldermen, April. 

Officer to complain of Truants — Mayor and 

Aldermen, ..... January. 

Assessors — in Convention, . . . April. 

City Marshal and Assistants, Police and 

Watchmen — Mayor and Aldermen, . April. 

Constables — Mayor and Aldermen, . . April. 

City Treasurer — in Convention, . . January. 

Consulting Physicians — Mayor and Al- 
dermen, ...... May or June. 

City Messenger — Concurrent vote, first 

elected by the Mayor and Aldermen, . April. 

Superintendent of Burial Grounds — Mayor 

and Aldermen, ..... April. 

City Solicitor — Concurrent vote of both 

branches of the City Council, . . February. 

City Physician — Concurrent vote of both 

branches of the City Council, . . May. 



TAXES. 143 



TAXES. 



The amount of taxes assessed on the Real and Personal 
Estates in the City of Roxburj, 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 . 6,502.00 

Total Tax for 1846, . . . $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 



144 TAXES. 



1849. 




Valuation of Real and Personal Estates, 


$13,476,600.00 


At $6.20 per $1,000, is 

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


$83,554.92 
5,973.00 


Total Tax for 1849, 


$89,527.92 


1850. 




Valuation of Real Estate, 
Valuation of Personal Estate, . 


. $9,560,800.00 
. 4,152,000.00 




$13,712,800.00 


At $6.20 per $1,000, is 

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


$85,019.36 
6,187.50 


Total Tax for 1850, 


$92,106.86 


1851.* 




Valuation of Real Estate, 
Valuation of Personal Estate, . 


. $9,649,600.00 
. 4,283,600.00 




$13,933,200.00 


At $6.60 per $1,000, is 

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


$91,959.12 
6,334.50 


Total Tax for 1851, 


$98,293.62 



* West Roxbury set ofif this year. Valuation of whole included. 



TAXES. 145 



1852. 



Valuation of Real Estate, . . . |8,786,400.00 

Valuation of Personal Estate, . . . 3,148,800.00 



111,935,200.00 



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 



1854. 

Valuation of Real Estate, . . . $9,472,400.00 

Valuation of Personal Estate, . . . 3,896,800.00 



$13,369,200.00 



At $7.80 per $1,000, is ... $104,279.76 

No, of Polls 3,833, at $1.50 each, is . 5,749.50 



Total Tax for 1854, . . . $110,029.26 

19 



146 



VALUATION OF ESTATES, ETC, 



VALUATION OF ESTATES, AND NUMBER OF POLLS IN 
KOXBURY, FROM 1836 TO 1855. 



1836 






$5,582,400 


1,833 


183T 






5,875,000 


2,114 


1838 






5,979,900 


2,047 


1839 






6,438,600 


2,129 


1840 






6,721,000 


2,300 


1841 






6,941,600 


2,474 


1842 






7,341,600 


2,570 


1843 






7,710,000 


2,554 


1844 






8,578,600 


2,977 


1845 






9,569,800 


3,433 


1846 






12,543,900 


3,668 


184T 






12,628,300 


3,806 


1848 






13,174,600 


3,999 


1849 






13,476,600 


3,982 


1850 






13,712,800 


4,125 


1851 






13,933,200 


4,223 


1852 - 






11,935,200 


3,440 


1853 






12,432,600 


3,623 


1854 






13,369,200 


3,833 



* West Koxbuiy set off, 1851. 



•OPULATION OF 


EOXBURY AT 


DIFFERENT PERIODS 


1765 1,487 


1790 








2,226 


1800 








2,765 


1810 








3,669 


1820 








4,135 


1830 






. 


5,247 


1840 








0,089 


1850 








18,316 



AMOUNT PAID FOR SCHOOLS, ETC. 



147 



MIOIINT PAID FOR SCHOOLS, INCLUDING THE BUILD- 
ING AND EEPAIR OF SCHOOL HOUSES. 



Year. 


Teachers' Pay, Fuel, 
and Contingencies. 


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 


1849 


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 


1854 


30,284.69 


26,802.92 


57,08.7.61 



A3VI0UNT PAID FOR REPAIR OF HIGHWAYS. 



1846 

1847 










$7,750.83 
9,853.38 


1848 










10,029.93 


1849 










12,015.06 


1850 
1851 










12,129.46 
9,698.58 


1852 
1853 
1854 










19,364.30 
15,537.45 
18,608.96 



148 



PAID POR SUPPORT OP POOR, ETC, 



AMOUNT PAID FOR SUPPORT OF POOR.— NET COST. 



Year. 


Average 
No. inmates. 


Whole No. 
admitted. 


Net Cost. 


1846 . 


120 


410 


$5,586.15 


1847 . 

1848 . 


187 
242 


762 
710 


9,751.95 
6,152.40 


1849 . 

1850 . 


216 
240 


627 
628 


9,207.40 
8,229.08 


1851 . 

1852 . 

1853 . 


227 
185 
155 


630 
507 
356 


8,478.96 
6,737.49 
7,227.14 


1854 . 


52 


292 


7,776.21 



Note. The amount given as the net cost of the respective years, is not 
strictly correct in every instance, as the accounts against the Commonwealth 
have in some instances been disallowed by the State Auditor, and a part of 
them subsequently 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 


6,407.76 


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 


1854 . 




8,681.84 


8,681.84 



PAID FOR POLICE AND WATCH, AND LAMPS. 



149 



AMOUNT PAID FOR POLICE AND WATCH. 



1846 












$2,863.96 


1847 












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 


1854 












5,370.68 



AMOUNT PAID FOE 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 


1854 












2,592.75 



MMES OP MEMBERS OE 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. 

James Ritchie, 1855. 



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 liingsbury, 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. 

Hu-am 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. 

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



MEMBERS OP THE CITY GOVERNMENT. 151 

Charles Hickling, 1853, 54. 
Joseph Nathaniel Brewer, 1854. 
George Jefterds Lord, 1854. 
Eobert Wilkins Ames, 1854. 
Calvm Barstow Faunce, 1854, 55. 
Benjamin Perkins, 1854. 
Charles Bunker, 1855. 
Samuel Sinclair Chase, 1855. 
Joseph Houghton, 1855. 
Asa Wyman, 1855. 
*Moses Howe Webber, 185-5. 
Francis Gardner, 1855. 
William Davis Adams, 1855. 



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 Monroe Keith, 1854. 
William Ellison, 1855. 



COMMON COUNCIL. 

Waed 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.t 

John Parker, 1850, 51, 52. 

Daniel Putnam Upton, 1851, 52, 53. 

Eeuben Winslow, 1851. 

John Reed Howard, 1851.| 

George Jeiferds Lord, 1852, 53. 

Franldm Williams, 1853, 54, 55. 

Joseph Houghton Chadwick, 1853, 54. 

Joseph Gendell Torrey, 1854. 

Thomas Farmer, 1854. 

William Morse, 1855. 

George Hams Pike, 1855. 

Asa Wyman, Jr., 1855. 



* See page 125. In the enumeration of Aldermen upon that page, against the name of 
Mr. Webber is the name of the street in which he now resides ; he having moved, 
some months after his election, from Washington Place, Ward 3, into Greenville Street, 
Ward 5. 

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

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



152 MEMBERS OF THE CITY GOVERNMENT, 



Waed 2. 

Abraham Gearfield Parker, 1846, 47, 48. 
George Smith Griggs, 1846, 47, 48. 
Esdras Lord, 1846, 47, 48. 
Thatcher Sweat, 1849, 50, 51. 
Uriah Tompkins Brownell, 1849, 50, 51. 
William Seaver, 1849, 50, 51. 
John Milton Hewes, 1852, 53, 54. 
Arial Ivers Cummings, 1852, 53. 
Joseph Houghton, 1852, 53, 54. 
Wilder Beal, 1852. 
Phineas Colbum, 1853, 54. 
Henry Basford, 1854. 
John Mon-ill Marston, 1855. 
Alvin Mason Bobbins, 1855. 
William Hyde Palmer, 1855. 
Benjamin Simons Noyes, 1855. 

Waed 3. 

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

William Greene Eaton, 1846, 47, 48. 

John Lansdorf DeWolf, 1846. 

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

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

Joseph 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. 

Robert Simpson, 1855. 

Robert Webb Molineux, 1855. 

William Ricker Huston, 1855. 

Joseph Henry Swain, 1855. 

Waed 4. 

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

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

James Guild, 1846. 

Nathaniel Mayhew, 1847, 48, 49, 50. 

George Davenport, 1851, 52. 

George Lewis, 1852, 53. 

Frederick Guild, 1852. 

Charles Frederick Bray, 1853. 

Henry Davenport, 1853, 54. 

Joseph Bond Wheelock, 1854. 

George William Tuxbury, 1854. 

John Roulston Hall, 1854. 

Samuel Atwood ShurtlefF, 1855. 

William Ellison, 1855. 

Clark Idc Gorham, 1855. 

Ebcnezer Waters Bumstead, 1855. 



SINCE THE ADOPTION OF THE CITY CHARTER. 153 



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 Da^as Williams, Jr., 1849, 50, 51. 

Hiram Hall, 1850. 

Kobert Whipple Parker, 1850. 

Horace Williams, 1851. 

Charles HickUng, 1852. 

William Sherman Leland, 1852, 5.3. 

William Davis Adams, 1852, 53, 54. 

Isaac Sanderson Burrell, 1852, 53. 

William Bird May, 1853, 54. 

Waldeu Porter, 1854. 

James Monroe Keith, 1854. 

Hem-y Pinkham Shed, 1855. 

Joseph Willett Robbins, 1855. 

James William Gushing, 1855. 

John Wesley Wolcott, 1855. 



Waed 6.* 

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



Ward 7. 

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



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

20' 



154 MEMBERS OF THE CITY GOVERNMENT. 



"Ward 8. 

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

James W Wason, 1851. 

Aaron Cass, 1851. 



NOTE. 

The love 
Of mighty minds doth hallow in the core 
Of human hearts, the ruin of a wall 
Where dwelt the wise and wondrous. 

Byron. 

RoxBURY has several localities illustrative of the past history of 
our country, or interesting by their association with the memories 
of good and great men. Of these, not the least attractive is the . 
birth-place of Warren. 

In the engraving which makes the frontispiece of this volume of 
the Register, the artist has endeavored to present a view of the 
house in which Warren was born. 

Its site was the spot which is now the corner of Warren and 
Winthrop Streets. Having fallen into decay, the old house was 
in 1846 taken down and a stone dwelling was erected in its place, 
on the front of which are two tablets, bearing the following 
inscriptions : 

On one, — 

On this spot stood a house, erected in 1720 by Joseph Warren of 
Boston, remarkable for being the birth-place of General Joseph 
Warren, his grandson, who was killed on Bunker Hill, June 17, 
1775. 

On the other, — 

John Warren, a distinguished physician and anatomist, was also 
born here. The original mansion being in ruins, this house was built 
by John C. Warren, M. D., in 1846, son of the last named, as a per- 
manent memorial of the spot. 



156 NOTE. 

These taljlets identify the hallowed ground : the engraving per- 
petuates the likeness of the dwelling place. But it should be the 
pride, as it is the duty of the city of his birth, to rear within its 
limits a monument to Him, the self-sacrificing hero, who, on the 
morning of that day on which he went forth to the great fight on 
Bunker Hill, replied to the entreaties of friends who would hold 
him back from the field, " I know that I may fall ! but where is 
the man who does not think it glorious and delightful to die for 
his country?" 

Private virtues, fervid and fearless eloquence, high intellectual 
culture, personal graces which were but the reflex of a delicate and 
noble sentiment within, early wisdom, valor and conduct happily 
combined, patriotic martyrdom sanctify the name of Warren. 

For the Committee on 

Revision and Publication of Ordinances. 

C. BUNKER, Chairman. 



I^DEX. 



ACCOUNTS, joint standing committee on, 50, 127. 

standing committee shall examine claims, 51. 

standing committee shall report annually whole amount of claims 
allowed, 51. 

standing committee shall audit accounts of treasurer, 52. 

committee of aldermen on accounts, 129. 
ALDEKMEN, board of to consist of eight persons, 3, 21. 

majority to constitute a quorum, 3. 

with common council to compose city council, 3. 

election of, 5, 18, 21. 

term of office, 5, 18, 22. 

may issue warrants for elections to fill vacancies in their body, 6, 

shall take oath of office, 6. 

organization in absence of the mayor, 7. 

may judge of elections of their own members, 7. 

may confirm or reject nominations of the mayor, 9. 

names of aldermen, 125. 
ALMSHOUSE, joint committee on, 128. 

superintendent and physician of, 130. 
AMENDMENTS TO CITY CHARTER, 18, 21. , 
ASSESSORS, how elected, 8. 

compensation, 8, 130. 

duties of, 10. 

names of, 130. 
ASSISTANT ASSESSORS, how elected, 10, 18. 

duties of, 10. 

names and compensation, 130. 
BALUSTRADES ON BUILDINGS, rales concerning the erection of, 31, 
BARK, measurement of, 11, 80. 

measm-ers of, 47, 135. 
BOWLING ALLEYS, regulations relative to, 37. 

BURIAL GROUNDS, (see cemetery,} regulations concerning the use of, 
56, 78, 79, 85. 

not to be enlarged or established without permission of City Council, 78. 

joint committee on, 128. 
CEMETERY, rural, pForest Hills,) legislative act, concerning, 24, 26. 

powers and duties of commissioners, 24, 25, 26, 27. 

funds of to be kept separate from other city funds, 25. 

commissioners to make annual report, 25. 

commissioners may i-eceive and hold property for the improvement of, 26, 

act establishing its name to be Forest Hills, 77. 

forai of deeds for conveyance of lots, 81. 

names of commissioners, 134. 



158 INDEX. 

CHIEF ENGINEER, see Eire Department. 
CITY CHARTER, passage of act granting, 3. 

repeal of all acts inconsistent with, 16. 

legislature may alter or amend, 16. 

adoption of by citizens of Roxbury, 17. 

amendments to, 18, 21. 
CITY COUNCIL, to consist of mayor, aldermen and common council, 3. 

shall elect city treasurer, chief engineer, collector, clerk and assessors, 8. 

shall require bonds from persons entrusted with the public moneys, 9. ' 

shall have superintendence of city buildings, 9. 

may purchase property in name of city, 9. 

shall publish yearly account of city finances, 9. 

no member to be eligible to civic office of emolument, 9. 

may lay out streets, 10. 

shall have powers of board of health, 11. 

may cause the construction of drains and common sewers, 11. 

may make by-laws respecting lumber, wood, coal and bark, 1 1 . 

shall determine annually the number of representatives to General 
Court, 12. 

shall have power to make by-laws and annex penalties, 15, 30. 

shall elect commissioners of rural cemetery, 24. 

may elect clerk of police court, 42. 

shall elect city solicitor, 101. 

shall elect city physician, 107. 

list of joint standing committees, 127. 

names of members of city council, 125. 
CITY OF ROXBURY, organization of government, 14, 15. 

division into wards, 4, 21. 

government of, 125. 
CITY SEAL, 72, 73. 

CLERK OF BOARD OF ALDERMEN, see Clerk of City. 
CLERK OF CITY, shall administer oath of office to mayor, 6. 

election of, 8. 

compensation fixed by city council, 8. 

shall also be clerk of board of aldermen, 9. 

term of office and liability to removal, 9. 

general duties of, 9. 

name and salary of, 125. 
CLERK OF COMMON COUNCIL, election of, 7. 

name and salary, 125. 
CLERKS OF ENGINE COMPANIES, see Fire Department. 
CLERK OF ENGINEERS, see Fire Department. 
CLERK OF POLICE COURT, may be elected by city council, 42. 

shall give bonds, 42. 

duties of, 42. 

compensation, 42, 43. 
CLERK OF WARD, election of, 4. 

term of office, 5, 18, 19. 

general duties of, 5, 13. 

names of, 139. 
COAL, sale and measurement of, 11. 
COLLECTOR OF TAXES, see Treasurer. 
COMMISSIONER OF STREETS, how appointed, 98. 

duties of, 98, 99. 

name and salary, 131. 
COMMON COUNCIL, with aldermen to compose city council, 3. 

number of councilmen, 3, 21. 



INDEX. 159 

COMMON COUNCIL, majority to constitute a quorum, 3. 

term of office, 5, 18. 

election of, 5, 18, 22. 

how to be sworn, 6. 

organization of, 7. 

vacancies to be filled by new elections, 7. 

may judge of elections of its own members, 7. 

sittings to be public, 9. 

names of members, 125. 
CONSTABLES, appointed by mayor and aldermen, 8. 

names of, 133. 
COEONEE, 133. 
COMMITTEES, STANDING, of city council, 127. 

of aldermen, 129. 

of common council, 129. 
COUNTY COMMISSIONEES, to set bounds at road angles, 31. 

appeals may be made to for damages, from decision of mayor and 
aldermen, 11. 

may regulate railroad crossings, 35, 36. 
COUET, see Police Court. 
CEIER, act establishing office of, 94. 
DEEDS, to be executed by mayor, 75. 
DOGS, not to go at large unless licensed, 70. 

troublesome and mischievous dogs to be removed or destroyed, 71. 
DEAINS, may be built by order of city council, 1 1 . 
ELECTIONS, of ward officers, 4. 

of mayor, aldermen and common councilmen, 5, 18, 21, 22. 

in case of no election of mayor, 6. 
of aldermen, 6, 7. 
of common councilmen, 7. 

elections of city treasurer and collector, city clerk, assessors and other 
subordinate officers, 8, 142. 

of engineers, 8, 86, 142. 

of foremen, 89, 90. 

of overseers of poor, 10, 18, 142. 

of school committee, 10, 18, 142. 

of county. State and United States officers, 13, 142. 

of commissioners of rural cemetery, 24, 142. 

of 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, tythingmen, sealers of 
leather and hogreeves, 47, 142. 

of city messenger, 49, 142. 
ENGINEEES, see Fire Department. 
ENGINEMEN, see Fire Department. 
ENROLMENT, committee of aldermen on, 129. 

committee of common council on, 129. 
FENCE VIEWERS, 47, 135, 142. 
FIELD DRIVEES, 47, 135, 142. 
FINES, see Penalties. 
FINANCE, joint committee on, 127. 
FIEE DEPAETMENT, act concerning, 86. 

election of chief engineer, 8, 86. 

duties of chief engineer, 88. 

election of assistant engineers, 86. 

organization of engineers, 87. 

authority and duty of engineers, 87. 



160 INDEX. 

FIRE DEPARTMENT, election of foremen, assistant foremen, and clerk, 
89, 90. 

hosemen, 92. 

appropriations for, to be expended under direction of committee of 
city council, 89. 

only citizens of United States to be members of, 89. 

terms of service of members, 89. 

members not to unnecessarily assemble in engine houses, 92. 

joint committee of city council on, 128. 

names of officers and engines, 131. 

pay of members of department, 132. 

amount paid annually for support of department, 148. 
EOREST HILLS, see Cemetery. 
EUEL, joint committee on, 128. 
GATES, not to swing into streets, 77. 
GOVERNMENT OF CITY, members of, 125, 150. 
GUNPOWDER, acts to regulate transportation and storage of, 28, 43. 

licenses for its sale, 28. 

forfeiture of, when unlawfully kept, 29, 43. 

mayor and aldennen may make rules concerning its transportation 
and sale, 28. 
HAY, weighers of, 47, 135. 
HEALTH, powers of board of health vested in city council, 1 1 . 

mayor and aldermen shall perfonn duties of board of health, 93. 

concerning removal of nuisances, or causes of sickness, 33, 64, 68, 93. 

relating to chemical laboratories and lead manufactories, 53. 

consulting physicians may be appointed, 65. 

tenements to have suitable vaults and drains, 65, 66, 93. 

mayor and aldermen may prohibit keeping of swine and goats, 67. 

city marshal, or person authorized by mayor, may examine buildings, 
for the pui-pose of investigating or removing nuisances, 68. 

relative to the use of burial grounds and burial of the dead, 56, 78, 85. 

officer of health department, 134. 
HOGREEVES, 47, 135. 
HOSEMEN, see Fire Department. 
INNHOLDERS, mavor and aldermen mav license, 8. 
INSPECTORS OF 'ELECTIONS, election and duties of, 4, 5. 
INSTRUCTION, public, joint committee on, 127. 
JURORS, preparation of lists by mayor and aldermen, and drawing of 

jurors, 18, 19. 
JUSTICE, see Police Court. 
LAMPS, expenditures for, 103. 

duties of joint committee on, 103. 

names of members of joint committee, 128. 

annual expenditure for lamps, 149. 
LICENSES, committee of aldermen on, 129. 

LICENSED HOUSES, mayor and aldermen may license inuholders, vic- 
tuallers and retailers, 8. 
LUMBER, city council may make by-laAvs for sale and measurement of, 11. 

surveyers of, 47, 135. 
MARSHAL, CITY, to be appointed or removed by mayor and aldermen, 
8, 48, 49, 103, 105. 

when appointed, 48, 103. 

shall give bonds, 48, 104. 

authority and duties of, 48, 49, 104, 105. 

compensation of, 49, 105. 

name and salaiy of, 133. 



INDEX. 161 

MAYOE, with alrferMen and common council to have government of city, 3. 

election of, 5, 18. 

term of office, 5, 18, 19. 

shall administer oath to members of city council, 6. 

his duty to enforce laws, 7. 

in case of no election of mayor, 7. 

power to remove subordinate officers for neglect of duty, 7. 

may call special meetings of city council, 7. 

shall preside at meetings of board of aldermen, and in convention of 
city council. 7. 

salary of, 8, 125. 

shall have power of nomination in appointments, subject to confirma- 
tion of aldermen, 9. 

shall be one of overseers of poor, 10. 

shall execute and affix city seal to deeds, 72. 
MAYOR AND ALDERMEN, with common council, to have the govern- 
ment of the city, 3. 

may issue warrants for public meetings for municipal purposes, 5, 

duties of, in case of no election of mayor, 7. 

executive power and administration of police vested in them, 8. 

may appoint and remove police officers, 8, 38. 

may license innholders, victuallers and retailers, 8. 

sittings of, to be public, 8. 

shall prepare lists of voters previous to elections, 13. 

shall warn public meetings on requisition of fifty voters, 14. 

shall prepare lists of jurors, 18, 19. 

may grant licenses for sale of gunpowder, and make rules for its stor- 
age and transportation, 28, 29. 

may oblige owners of private streets to grade them properly, 39, 

may construct sidewalks, the abuttors to pay for the materials, 43, 44, 

shall appoint city marshal, 48, 103. 

shall appoint watchmen, 55, 84. 

shall appoint undertakers, 56. 

may grant licenses for building, and for obstructing streets, 59. 

may appoint consulting physicians, and take measures for preserva- 
tion of public health, 64, 65, 66, 67, 68, 69, 93. 

may license city criers, 94. 
MEASURERS OF WOOD AND BARK, 47, 135. 
MEETINGS, PUBLIC, may be held for certain purposes, 13, 14. 

shall be duly warned by mayor on requisition of fifty voters, 14. 
MESSENGER, CITY, election and duties, 49, 50. 

name and salary, 126. 
MONEYS, PUBLIC, (see Treasury,) city council may require bonds of 
persons receiving, keeping, or disbursing, 9. 

annual statement of, to be published, 9. 
NUISANCES, see Health. 
OEEICERS OF CITY, names of, 125, 150. 

subordinate officers elected by city council, 8. 

duties of subordinate officers defined, and compensation fixed by city 
council, 8. 

penalty of, for neglect of duty, 32. 
ORDINANCES, manner of recording, 45. 

method of promulgation, 69. 

enacting style of, 73, 74. 
OVERSEERS OF POOR, election of, 10, 18. 

names of, 130. 

21 



162 ' INDEX. 

PENAIjTIES, how to be recovered, 11, 12. 

power of city council to make them, 15. 
PHYSICIAN, election and duties of, 107. 

name and salary of, 130. 
POLICE COURT, act establishing, 40. 

extent of jurisdiction, and power of appeal, 40. 

salary of standing justice, 40, 132. 

court to be held daily, 41 . 

justice to keep fair record of proceedings, 41 . 

justice to account for fines, forfeitures, fees and charges, 41 . 

special justices of court, 42, 132. 

clerk of court may be elected by city council, 42. 

duties and compensation of clerk, 42. 
POLICE DEPARTMENT, (see PoUce Court,) administration of, in 
mayor and aldermen, 8. 
• police officers appointed and removed by mayor and aldermen, 8, 38. 

members of department, 132, 133. 

amount annually paid for support of department, 149. 
POLLS, number of, 146. 
POOR, amount paid for support of, 148. 

joint committee on poor and almshouse, 128. 
POPULATION of city, 146. 
POUND KEEPER, 47, 135. 

PUBLIC PROPERTY, joint committee on, shall consult school committee 
respecting the erection or enlargement of school houses, 76 ; shall 
furnish and cause necessary repairs to school houses, 76. 

names of committee on, 127. 
QUORUM, majority of either branch of city government shall constitute, 3. 
RAILROADS, must provide gates at crossings, if deemed necessary by 

county commissioners, 36. 
REPRESENTATIVES to Legislature, number detennined in convention 
of city council, 12. 

method of election, 13. 
ROADS, see Streets. 
ROXBURY, see City of Roxbury. 
RULES AND ORDERS, (see index of, p. 165,J) of board of aldermen, 109. 

of common council. 111. 

of city council, 118. 
SCHOOL COMMITTEE, election of, 10, 18. 

how vacancy in, shall be filled, 10, 18. 

shall have care and suijerintendence of schools, 10. 

shall have charge of ai^propriations for salaries of teachers, 76. 

shall repair schools, and provide furniture, &c., to the extent of fifty 
dollars, 76. 

names of, 135, 136. 
SCHOOLS, shall be under superintendence of school committee, 10. 

city authorized to provide against truant children and absentees, 36. 

powers of school committee and committee on public property, in 
relation to, 76. 

names of schools and teachers, 136, 137, 138. 

amount annually paid for support of, in past years, 147. 
SEAL or CITY, 72, 73. 
SEALERS of leather, 47, 135. 

of weights and measures, 47, 135. 
SEWERS may be constructed by order of city councU, 11. 
SOLICITOR, CITY, office of, established, 101. 



INDEX, 



163 



SOLICITOE, CITY, election and duties of, 101. 

compensation of, determined by city council, 102. 

name and salary of, 134. 
STEEETS, may be laid out by city council, 10. 

in relation to the recovery of damages caused by laying out or alter- 
ing streets, 10, 11, 29, 30, 34, 35. 

county commissioners shall provide permanent bounds for town and 
county roads, 31. 

act for the regulation of railroad crossings, 35. 

mayor and aldermen may oblige o^vners of private ways to keep them 
properly graded, 39. 

no street shall be opened of less Avidth than thirty feet, 39. 

no street shall be accepted of less width than fifty feet, 99. 

surveyors of highways, how elected, 47 ; names of, 130. 

no obstructions to be placed in streets without license, 58, 59, 60, 61, 
63. 

cellar-ways to be properly guarded, 59. 

regulations concerning carriages and horses, 60, 61. 

games of chance prohibited in, 62. 

discharge of firearms, and other explosive materials, forbidden, 62. 

orderly behavior required of passengers, 62. 

no horses, 'cattle, swine, &c., to go at large in, 63. 

blasting rocks prohibited vvdthin fifty rods of highway, 63. 

separate record of streets and highways to be kept by city clerk, 72. 

no gates to swing into street, 77. 

appointment and duties of commissioner of streets, 98, 99. 

ordinance relative to tlie acceptance of streets, 99, 106. 

members of joint committee on liighways, bridges and sidewalks, 127. 

members of committee of aldermen on laying out and widening 
streets, 129. 

amount paid annually in past years for repairs of, 147. 
SURVEYORS of highways, election of, 47 ; names of, 130. 

of lumber, election of, 47 ; names of, 135. 
SWIMMING, when exposed to view, forbidden, 61. 
T^VXES, assessment and apportionment of, 10. 

annual amount of, in past years, 143, 144, 145. 
TREASURER AND -COLLECTOR, election of, 8. 

compensation fixed by city council, 8. 

shall collect and receive city accounts, rents, &c., 51, 52. 

shall give bonds, 52. 

name and salary of, 129. 
TREASURY, no money to be paid out of, unless on order of the mayor, 51. 
TRUANT CHILDREN, power of city to take action concerning theto, 37. 

may be punished by fine or committed to almshouse, 95. 
TYTHINGMEN, election of, 47 ; names of, 135. 
UNDERTAKER, appointed by mayor and aldermen, 56. 

duties of, 57 ; compensation, 57, 79. 

name of, 134. 
VALUATION OF ESTATES, 146. 
VAULTS, regulations concerning the emptying of, 96, 97. 
VICTUALERS, mayor and aldermen may license, 8. 
VOTERS, see Elections. 
WARDS, division of the city into, 4, 21. 

may be altered, if necessary, once in five years, 21. 

names of officers of, 139. 

description of wards, 140. 



164 INDEX. 

WAEDEN, election of, and term of office, 5, 19. 

shall preside at ward meetings, 4. 

shall take, and administer oath of office, 5. 

shall sign certificates of election, 5. 
WAED MEETINGS, how conducted, 4. 

issue of warrants for^ 5. 
WARD ROOMS, 141. 
WARRANTS for public meetings, form of, 45, 46. 

service and return of, 46, 47. 
WARREN, birth-place of. See note p. 155. 
WATCHMEN shall be appointed by mayor and aldermen, 55, 84. 

compensation fixed by mayor and aldermen, 56. 

names and salaries of, 133. 
WEIGHERS OF HAY, election of, 47 ; names, 135. 
WOOD AND BARK, sale and measurement of, 11, 80. 

measurers of, 47, 135. 



INDEX, 



165 



INDEX OF RULES AND ORDERS. 



BOARD OP ALDERMEN. 

Committees, appointed or elected, 110. 

standing committees, 110. 
Order of business, 109. 
Ordinances, passage of, 109; rejection, 110. 
Suspension of rules, 110. 

COMMON COUNCIL. 
Committees, appointed or elected, 113. 
list of standing committees, 115. 
standing committees shall keep rec- 
ords of their proceedings, 117. 
organization of committees, 116. 
special committees to consist of three 
members unless otherwise order- 
ed, 116. 
duty of committees to report within 

four weeks, 117. 
committee of whole, 116. 
Communications, reception of, 115. 
Division of question may be called, 114. 
Elections by bnllot, 117. 
Members, rights and duties of, 113, 114, 115. 
conduct of, 113. 

limit to speaking on one question, 114. 
obliged to vote unless specially ex- 
cused, 114. 
not obliged to act on more than three 
standing committees, 115. 
Motions in order, 112. 

shall be reduced to writing if desir- 
ed, 114. 
Orders, passage of, 116. 
Ordinances, passage of, 116. 
President, rights and duties of, 111, 112, 113. 
proceedings in absence of, 111. 



Previous question, 112. 
Questions, taking of, 112. 
Reconsideration of vote, 114. 
Resolutions, passage of, 116. 
Seats of members, 116. 
Suspension of rules, 115. 
Votes, declaration of, 111. 
Yeas and nays, may be called at request of 
three fourths members present, 112. 

CITY COUNCIL. 
Committees, joint standing, 118. 

members of, chosen by re- 
spective boards, 119. 
chairmen of, 119. 
in relation to calling meet- 
ings of, 119. 
shall report within four 
weeks, 122. 
committees of conference, 119. 

proceedings in case of non- 
concurrence of, 120. 
regulations respecting action of com- 
mittees, 120. 
Debt, created by what vote, 122. 
Messages between boards, 122. 
Orders and resolutions, passage of in either 

board, 121 
Ordinances, enacting style of, 120. 
titles of to be prefixed, 121. 
passage of, 121. 
Transmission of papers from board to board, 

121. 
Votes, form of, 120. 

reconsideration of, 122.