City Document — JVo. 5.
JOINT SPECIAL COMMITTEE
MATTER OF CITY MARSHAL,
"AUTHOEIZING THE APPOINTMENT AND PRESCRIBING THE
DUTIES OF A CITY MARSHAL."
PRINTED FOR THE CITY COUNCIL.
€ltt3 of Eo^eburn.
Ln Common Council, February 5, 1855.
Mr. Gushing, from the Joint Special Committee, to whom was referred the
Order to consider the expediency of establishing the ofiBce of City Marshal, sub-
mitted the Report of that Committee, recommending the adoption of the accom-
Read, and on motion of Mr. Wolcott, laid on the table and ordered to be
printed for the use of the Council.
JOSHUA SEAVER, Clerk.
The Committee to -whom was referred the subject of the appoint-
ment of a Citj Marshal, have attended to the business entrust-
ed to them, and respectfully submit the following
The Committee regarded the matter as one of no slight impor-
tance, and verj intimately connected with our municipal interests.
There were objections to be considered and doubts to be removed.
It was the determination of the Committee to make a full exami-
nation, and to decide the question upon its merits. Letters were
sent to all the cities of New England, soliciting information as to
the police arrangements in their respective places. To most of
these, answers have been received ; and all, with the exception of
Cambridge, bear testimony to the importance of a City Marshal,
or a single chief, to the efficiency of the Police Department.
The evidence, too, is conclusive on the point that this chief
should be an active pohce officer, devoting himself exclusively to
the business of his office. Your Committee coincide with this
view. They cannot recommend the establishment of an office
which can be made a sinecure, or the appointment of an officer
whose duties shall be merely nominal. An active poHce officer at
the head of the Department exercising control, and at the same
time doing his share of the duty, is altogether a different affair.
Such an officer will add dignity to the executive power, and infuse
energy and directness into all police enforcements of city ordinan-
ces. He will moreover relieve the Mayor of much unpleasant
service not really belonging to his office, and in many particulars
conflicting with his duties.
Your Committee also feel that it is important that the Chief
Magistrate should have confidence in the police system, as through
its action he must expect to accomplish what he deems important
for the peace and good order of the city. To this point your
Committee are inclined to award its due weight. And finding
that the desired officer can be appointed without adding to the
number of the police, or materially to the expenses of the Depart-
ment, they are of opinion that the City Council should establish
the office, and they do accordingly report the following Ordinance.
For the Committee,
JAMES W. CUSHING.
Authorizing the appointment and prescribing the duties
OP A City Marshal.
Be it ordained hy the City Council of the City of Roxhurj, as
follows : —
Sect. 1. The Mayor and Aldermen shall forthwith, and here-
after, 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.
Sect. 2. Said Marshal shall have precedence and command
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, if required, give bonds to the Treasurer of the City
of Roxbury, in the sum of five hundred dollars, 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 offences against the laws, and
against the ordinances of the City, taking the names of the offend-
ers, to the end that the same may be prosecuted. 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 shaU
also be his duty to attend all fires by day and by night, and re-
port himself to the ~Chief Engineer or his successors, and exert
himself to the utmost of his powers to keep good order, to remove
all suspected 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 enforcement of the ordi-
nance 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 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 ail
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 deter-
mination respectively, and once a month furnish the Mayor with a
detailed report, in writing, of such oiiences 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 the vio-
lations 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 assistants,
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 suc-
cessor or successors for the residue of the year.
Sect. 5. The Assistant Marshals shall act under the direc-
tion 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 determine ;
together with all necessary charges for travel, offices, warming
and hghting the same, and for all necessary implements for carry-
ing out the purposes of a police organization.
Sect. 7. The Mayor and Aldermen may appoint special
police, in such numbers, and at such times as they shall deem
necessary, and shall fix their compensation ; and said special
police shall be under the direction of the City Marshal and his
Sect. 8. This ordinance -will go into operation and take
effect from and after its passage.