[City documents, 1847-1867]

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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. 0

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 0 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.