^OS T ON PUBLIC LIBRARY
3999906660 785 2
. i ■ .
■\0
, \
THE
MUNICIPAL REGISTER
CONTAINING THE
CITY CHARTER,
WITH
RULES AND ORDERS
OF
THE CITY COUNCIL;
ALSO
THE ORDINANCES,
AND A
LI8T OF THE OFFICERS
OF THE
FOR
1856.
ROXBURY:
NORFOLK COUNTY JOURNAL PRESS.
1856.
Digitized by the Internet Archive
in 2010 with funding from
Boston Public Library
http://www.archive.org/details/citydocuments569roxb
CITY CHARTER
COMMONWEALTH OF MASSACHUSETTS,
In the Year One Thousand Eight Hundred and Forty-Six.
AN ACT to Establish the City of Eoxbury.
Be it enacted by the Senate and House of Repre-
sentatives in General Court assembled, and
by the authority of the same, as follows :
Sect. 1. The inhabitants of the town of Rox- Roxbm-y to
bury shall continue to be a body politic and cor-
porate, under the name of the City of Roxbury,
and as such shall have, exercise and enjoy all the
rights, immunities, 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, Administra-
prudential and municipal affairs of said city, with vested in
the government thereof, shall be vested in one ^"men
principal officer, to be styled the mayor; one mon coun-
council of eight, to be called the board of alder- «i.
men ; and one council of twenty-four, to be called
the common council ; which boards, in their joint
capacity, shall be denominated the city council,
and the members thereof shall be sworn to the
faithful performance of the duties of their respec-
tive offices. A majority of each board shall con-
4 CITY CHARTER.
stitute a quorum, for doing business, and no mem*
To serve ber of either board shall receive any compensation
without „ , . J r
pay. tor his services.
Sect. 3. It shall be the duty of the selectmen
of the town of Roxbury, as soon as may be, after
the passage of this act, and its acceptance by the
inhabitants, as hereinafter provided, to divide said
Beiectmen town into eight wards, as follows, to wit : first, by
to divide the^ raw j n2 . a \{ ne between the second and third par-
Town into o .., 'it
wards. ishes, 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 convenient, 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,
flyeyean 7 once in five years, to revise, and if it be needful,
council t° alter said wards in such manner as to preserve
as nearly as may be, an equal number of voters in
each ward ; provided, 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-
warden 6 and nually, there shall be chosen by ballot in each of
Sspectora said wards, a warden, clerk, and three inspectors
of Elections. f e l ec tions, residents 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 meet-
ing to order, and preside until a warden pro tem-
pore shall be chosen by ballot. And if at any
meetings the clerk shall not be present, a clerk
I T Y C H A R T E E .
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 inspec-
tors of elections, to assist the warden in receiving,
assorting and counting the votes. And the war-
den, clerk and inspectors so chosen, shall respec-
tively make oath or affirmation, faithfully and
impartially to discharge their several duties, rela-
tive to all elections, which oath may be adminis-
tered 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 Nor-
folk.
All warrants for meetings of the citizens for warrants
municipal purposes, to be held either in wards or „nd city
in general meeting, shall be issued by the mayor meeti »s«.
and aldermen, and shall be in such form, and shall
be served, executed 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 Elections of
elected by the qualified voters of the city, at large, city council.
voting in their respective wards, and three com-
mon 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 of-
fices 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- rroceedin gB
nually, immediately after a warden, clerk and in- meetings,
spectors shall have been elected and sworn, the
qualified voters in each ward shall give in their
votes for mayor, aldermen, and common council-
men, as provided in the preceding section ; and all
the votes so given, shall be assorted, counted,
O CITY CHAR TEE.
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,
certificates The clerk of the ward, within twenty-four hours
after such election, shall deliver to the persons
elected members of the common council, certifi-
cates of their election, signed by the warden and
clerk, and by a majority of the inspectors of elec-
tions, and shall deliver to the city clerk a copy of
the records of such election, certified in like man-
ner : provided, however, that if the choice of com-
mon 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 maybe
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 elect-
ed shall refuse to accept the office, 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.
to supply In case of the decease, resignation, or absence
the oflicVof °f the mayor, or his inability to perform the duties
Mayor f ^g ffi ce; 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 Aider- And if it shall appear that the whole number of
aldermen have not been elected, the same proceed-
ings 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.
^ a a t £ or ' s The oath prescribed by this act, shall be admin-
CITY CHARTER. 1
istered to the mayor by the city clerk, or any jus-
tice 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 justice 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 convention
has been elected previously to the said first Mon- when no
Mayor in
day in April, the mayor and aldermen for the time chosen. '
being, shall make a record of that fact ; an attest-
ed 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 afore- organization
said, the two boards shall separate ; and the com- common
mon council shall be organized by the choice of a Counci1 -
president and a clerk, to hold their office during
the pleasure of the common council, and to be
sworn to the faithful performance of their duties.
In case of the absence of the mayor elect, on in absence
the first Monday in April, the city government at first ° r
shall organize itself in the manner hereinbefore meetin s-
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 alder- Ma y° r
, , . J ' , , , n pro tern.
men 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 pro- Each Board
ceedings, and judge of the elections of its own Election*
members; and in failure of election, or in cases of member™
vacancy, may order new elections. And in case &c -
of any such vacancy declared by either board, the
mayor and aldermen shall order a new election.
CITY CHARTER
Duties of
Mayor.
Compensa-
tion.
May be
appointed
CommiH-
sloner of
Highways.
Executive
power in
Ihe Mayor
and Alder-
men.
Police
Office.
Constables'
jlionds-
Sect. 7. The mayor thus chosen and qualified,
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 members ; he shall communicate,
from time to time, to both of them, such informa-
tion, and recommend such measures, as in his
opinion the interests of the city may require ; he
shall preside in the board of aldermen, and in con-
vention of the two branches, but shall have only a
casting vote.
The salary of the mayor for the first year, in
which this charter shall take effect, 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 compen-
sation : provided, however, that the city council
shall have power to appoint the mayor commis-
sioner of highways, when, in their opinion, such an
office is necessary, and allow him a suitable com-
pensation therefor.
Sect. 8. The executive power of said city gen-
erally, and the administration of the police, with
all the powers heretofore vested in the selectmen
of Itoxbury, shall be vested in the mayor and
aldermen, as fully as if the same were herein spe-
cially enumerated.
And the mayor and aldermen shall have full and
exclusive power to appoint a constable and assist-
ants, 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.
And the mayor and aldermen may require any
person, appointed a constable of the city, to give
CITY CHARTER. 9
bonds, with such security as they may deem rea-
sonable, 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 constables' bonds taken by the selectmen
of towns.
And the mayor and aldermen shall have theLicen«es.
same power to grant licenses to innholders, vict-
uallers, and retailers within the city which is pos-
sessed by the mayor and aldermen of the city of
Boston.
The city council shall annually, as soon after to appoint
their organization as may be convenient, elect, by officers,
joint ballot in convention, a treasurer and collector
of taxes, a chief engineer, a city clerk, and three
assessors 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 compensations.
All sittings of the common council shall be pub- sittings
lie, and all sittings of the mayor and aldermen pu
shall also 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 ap-
propriated ; shall secure a just and proper account-
ability by requiring bonds, with sufficient penalties
and sureties, from all persons trusted with the
receipt, custody, 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 purchase property, real or
personal, in the name and for the use of the city,
whenever its interest or convenience 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 particular account
of the receipts and expenditures, and a schedule
of city property.
10 CITY CHARTER
Mayor to Sect. 9. In all cases in which appointments
are directed to be made by the mayor and alder-
men, the mayor shall have the exclusive power of
nomination ; such nomination, however, being sub-
ject to be confirmed or rejected by the board of
Members of aldermen : provided, however, that no person shall
no t t y eii^b"e ll be eligible to any office of emolument, the salary
emolument! °^ w ^ich is payable out of the city treasury, who,
at the time of such appointment, shall be a member
of the board of aldermen or of the common council.
Duties of Sect. 10. The city clerk shall also be clerk of
city cierk. ^ Q board of aldermen, and shall be sworn to the
faithful performance of his duties. He shall per-
form such duties as shall be prescribed by the
board of aldermen, and he shall perform all the
duties, and exercise all the powers, by law incum-
bent 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,
overseers of 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 ward to be an overseer of the poor, who
shall be a resident of said ward ; and the person
thus chosen, together with the mayor, shall consti-
tute the board of overseers of the poor, and shall
have all the powers and be subject to all the du-
ties now by law appertaining to the overseers of
the poor for the town of Roxbury.
school The qualified voters shall, at the same time and
Committee. • x1 -, , ,-, n x1
in the same manner, elect three persons irom the
city at large, and two persons from each ward, to
be members of the school committee ; and the per-
sons thus chosen shall constitute the school com-
mittee, and have the care and superintendence of
the public schools.
Assistant The qualified voters shall, at the same time and
in like manner, elect one person in each ward to be
an assistant assessor, who shall be a resident of
CITY CHARTER, 11
said ward ; and it shall be the duty of the persons
so chosen to furnish the assessors with all neces-
sary information relative to persons and property
taxable in their respective wards, and they shall
be sworn to the faithful performance of their duty.
The persons to be chosen by the city council as Assessors.
assessors, shall constitute the board of assessors,
and shall exercise the powers and be subject to
the duties and liabilities of assessors in towns.
All taxes shall be assessed, apportioned and col- J^nlS
lected in the manner prescribed by law relative to provision for
town taxes: provided, however, that it shall be of Taxes,
lawful for the city council to establish further and
additional provision for the collection thereof.
Should there fail to be a choice of overseers of vacancies,
i i .,, how filled.
the poor, members of the school committee, or
assistant assessors in any ward, the vacancy or
vacancies shall be filled by the city council in con-
vention, in the same manner that is provided for
filling vacancies in the senate of this Common-
wealth.
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 indi-
vidual may sustain thereby ; but all questions
relating to the subject of laying out, accepting,
altering, or discontinuing any street or way, shall
first be acted upon by the mayor and aldermen.
And any person dissatisfied with the decision of
the city council in the estimate of damages, may
make complaint to the county commissioners of qI^] t0
the countv of Norfolk, at any meeting held within c°mmis-
J ,-... J i ° .. sioners.
one year after such decision ; 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 dam-
ages by selectmen, in the twenty-fourth chapter of
the Revised Statutes.
Sect. 13. All power and authority now by law Health,
vested in the Board of Health for the town of
Roxbury, or in the selectmen of said town, shall
12 CUT CHARIEK.
be transferred to, and invested in the city council,
to be carried into execution in such manner as the
city council shall deem expedient.
Common Sect. 14. The city council shall have authority
to cause drains and common sewers to be laid
down through any street or private lands, paying
the owners such damages as they may sustain
thereby; and to require all persons to pay a rea-
sonable sum for the privilege of opening any drain
into said public drain or common sewer.
inspection And the city council may make by-laws, with
of Lumber, .,11 , / » . . J . J '
&c. suitable penalties, lor the inspection, survey, meas-
urement and sale of lumber, wood, coal, and bark,
brought into the city for sale,
fo^breachof Sect. 15. All fines, forfeitures and penalties
city Laws, accruing for the breach of any by-laws of the City
of 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
before any justice of the peace in said City of Rox-
bury, by complaint or information in the name of
the Commonwealth, in the same way and manner
in which other criminal offences are now prose-
cuted before the justices of the peace within this
Commonwealth; reserving, 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 justice of
the peace.
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 thirty-eighth chapter of the Revised Statutes
of this Commonwealth.
And it shall be sufficient in all such prosecutions
to set forth in the complaint the offence fully,
plainly, substantially, and formally, and it shall not
be necessary to set forth such by-law, ordinance or
order, or any part thereof.
All fines, forfeitures, and penalties so recovered
CITY CHARTER. 13
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 be-
havior, and upon not paying the fine, penalty 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 according to law.
The provisions of this section shall also apply
to all prosecutions founded on the by-laws or ordi-
nances of the town of Roxbury, which may con-
tinue in force after this act shall go into operation.
Sect. 16. It shall be the duty of the city coun- itepresen-
cil annually, in the month of October, to meet in a ive6
convention and determine the number of represen-
tatives 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.
Sect. 17. All elections for County, State, and Proceedings
United States officers, who are voted for by the meetings for
people, shall be held at meetings of the citizens count*", ° f
qualified to vote in such elections, in their re spec- | t e 8 d t e 3 r ' a a 1 nd
tive wards, at the time fixed by law for these officers,
elections respectively ; and at such meetings all the
votes given for said several officers respectively,
shall be assorted, counted, declared and registered
in open ward meeting, by causing the names of all
14 CITY CHARTER.
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 certificate of the result of such elections, to
be signed by the mayor and a majority of the al-
dermen, and also by the city clerk, which shall be
transmitted or delivered 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 forthwith issue their
warrant for a new election, conformably to the
provisions of the Constitution, and the laws of the
Commonwealth.
List of Sect. 18. Prior to every election, the mayor
and aldermen shall make out lists of all the citi-
zens of each ward qualified to vote in such elec-
tions, in the manner in which selectmen of towns
are required to make out lists 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, assistant assessors, and
the city officers, and they shall deliver said lists,
so prepared and corrected, to the clerks of said
wards, to be used at such elections ; and no person
shall be entitled to vote whose name is not borne
on such list.
Meetings of Sect. 19. General meetings of the citizens
the citizens, qualified to vote, may, from time to time, be held,
to consult upon the public good ; to instruct their
representatives, and to take all lawful measures to
obtain redress for any grievances, according to the
right secured to the people by the Constitution of
this Commonwealth, And such meetings may and
CITY CHARTER. 15
shall he duly warned, by the mayor and aldermen,
upon the requisition of fifty qualified voters.
Sect. 20. For the purpose of organizing the First organ-
system of government hereby established, and put- { n a e c"ty
ting the same into operation in the first instance, Government -
the selectmen of the town of Koxbury 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 citi-
zens at such place and hour as they may deem
expedient, for the purpose of choosing a warden,
clerk and inspectors for each ward, and all other
officers whose election is provided for in the pre-
ceding sections of this act, and the transcripts of
the records of each ward, specifying the votes given
for the several officers aforesaid, certified by the
warden and clerk of such ward, at said first meet-
ing, 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 completed
at the first meeting, then to issue new warrants
until such elections shall be completed ; and to give
notice thereof in the manner hereinbefore provided
to the several persons elected. And at said first
meeting, 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 selectmen 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 meeting, and a written notice
thereof shall be sent by said selectmen, to the
place of abode of each of the city officers chosen,
16 CITY CHAETER.
as provided in this section. And after this first
election of city officers, and this first meeting for
the organization of the city council, as in this sec-
tion 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 recorded, certified and returned in the manner
provided in the seventeenth section of this act.
powerofthe Sect. 21. The city council shall have power to
fomake Unci1 make all such salutary and needful by-laws, as
By-iaws. towns, by the laws of this Commonwealth, have
power to make and establish, and to annex penal-
ties, not exceeding 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 whatever; provided, however, 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 forfei-
tures for the breach of any by-law, or ordinance,
shall be paid into the city treasury.
Annual town Sect. 22. The annual town meeting for the
Suspended, Town of Eoxbury, which by law is required to be
&c and h e id j n the month of March or April, is hereby
town officers • «• in
to hold over, suspended, and all town officers now in office, shall
hold their places until this act shall go into opera-
tion ; and in case this charter shall not be accept-
ed in the manner and form as hereinafter provided,
then the selectmen shall issue their warrant accord-
CITY CHARTER. 17
ing to law, for holding the annual town meeting of
the inhabitants, in which all the proceedings shall
be the same as if this act had not been passed.
Sect. 23. All officers of the town of Roxbury, Deiivery,<fec.
having the care and custody of any records, papers °o cu C y r 8
or property belonging to said town, shall deliver Clerk '
the same to the city clerk, within one week after
his entering upon the duties of his office.
Sect. 24. All such acts, and parts of acts, as Repeal of
are inconsistent with the provisions of this act, provision's!'
shall be, and the same are hereby repealed.
Sect. 25. Nothing in this act contained shall Legislature
be so construed as to prevent the Legislature from and amend
altering or amending the same, whenever they tlus act '
shall deem it expedient.
Sect. 26. This act shall be void, unless the in- Act to be
habitants of the Town of Roxbury, at a legal town accepted 88
meeting called for that purpose, shall by a vote of ^habitants.
a majority of the voters present, and voting there-
on, by a written ballot, determine to adopt the
same within twenty days from and after its pas-
sage.
Sect. 27. This act shall go into operation from when to
and after its passage. takeeffect -
[Passed March 12, 1846.]
18 ACCEPTANCE OP THE CHART EE.
EXTRACT FROM THE RECORDS OF THE TOWN OF ROX-
BURY.
At a meeting of the Freeholders and other inhabitants
of the Town of Roxbury, 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. D. 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
acceptance or rejection of the Act of the Legislature to
" Establish 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 Eight Hundred and Fifty.
AN ACT in addition to an Act to establish the City of
Roxbury.
Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by 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
addition, shall, subsequently to the March election of the
present year, be chosen on the second Monday of Decem-
ber, annually, and shall enter upon the duties of their re-
spective 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 inspec-
tors, 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 filling vacancies in the com-
mon 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
20 AMENDMENT.
the Revised Statutes, to be done by the selectmen, within
and for their respective towns ; and the lists, when made
out by the mayor and aldermen, shall be submitted to the
common council 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 pow-
ers 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 returned 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
qualified to act.
Sect. 8. This act shall take effect from and after its
passage.
[Approved by the Governor, Feb. 12, 1850.]
ACCEPTANCE OF THE AMENDMENT. 21
ACCEPTANCE OF THE AMENDMENT.
In Board op Aldermen, Feb. 25, 1850.
Ordered, That Aldermen Young and Ward be a Com-
mittee 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 re-
turns of votes from the several wards, as given in this day,
upon an amendment to the City Charter, entitled "An Act
in addition 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.
C. YOUNG, } n
x> ttt a r>TA > Committee.
R. WARD, 5
Report read and accepted, and the amendment declared
to be adopted.
A true copy from the Record.
Attest, JOSEPH W. TUCKER, City Clerk.
AMENDMENT.
COMMONWEALTH OF MASSACHUSETTS.
In the Year One Thousand Eight Hundred and Fifty-Two.
AN ACT in further addition to an Act to establish the
City of Roxbury.
Beit enacted by the Senate and House of Representatives
in General Court assembled, and by 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 terri-
tory 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 num-
ber 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 addi-
tional 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 Alder-
man 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 respec-
tive 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
AMENDMENT. 23
said officers shall be chosen by ballot, and shall hold their
offices for one year from the first Monday of January, and
the Mayor, until another shall be elected and qualified in
his place ; all 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 al-
ready 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 Coun-
cilmen 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 j 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 filling 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 public
notice, of at least seven days, by the Mayor and Aldermen,
shall, (within thirty days from the passage hereof,) by writ-
ten 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, Feb, 11, 1852.]
24 ACCEPTANCE OP THE AMENDMENT.
ACCEPTANCE OF THE AMENDMENT.
EXTRACT FROM THE RECORDS OP THE CITY OP ROXBURY.
At a meeting of the Inhabitants of the City of Roxbury,
qualified to vote in elections, duly warned and legally as-
sembled 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, enti-
tled "An act in farther addition to an Act to establish 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 Rox-
bury," had been accepted by the people.
The meeting was then dissolved.
A true Record.
JOSEPH W. TUCKER, City Clerk.
STATE LAWS
AN ACT
Concerning the Power of Cities.
*5
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of
the same, as folloios :
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 pre-
serve the peace, good order, and internal police of such
city, and they may annex suitable penalties, not exceeding
twenty dollars for any one breach thereof, to be recovered
by complaint before any Police Court in such city, or any
Justice of the Peace in a city where no Police Court is
established. Provided, That nothing herein contained shall
be construed to affect the provisions 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.]
4
26 STATE LAWS
AN ACT
Relating to a Public Cemetery in the City of Roxbury,
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The City Council of Roxbury is hereby author-
ized to elect by joint ballot in convention a board of five
Commissioners, for the term of five years, who shall have
the sole care, superintendence and management of the
Rural Cemetery, 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 hav-
ing 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 Commissioners by death, resigna-
tion, removal or otherwise, such vacancy shall be filled by
the choice of another Commissioner in the manner afore-
said, who shall hold his office for the residue 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 constitute a
quorum for the exercise of the powers and the performance
of the duties of the said office. And the term for which
the several members of the first board of Commissioners
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 office for four years ; the Commissioner next
chosen, shall hold his office for three years; the Commis-
sioner 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 pub-
lic burial place for the use of the inhabitants of the City of
Roxbury, free of any charge therefor ; and they shall lay
STATE LAWS. 27
out said Cemetery 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 ex-
pedient ; 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 Common-
wealth, as they may deem expedient.
Sect. 3. Said board of Commissioners shall have au-
thority to grant and convey to any person or persons by
deeds duly executed, the sole and exclusive right of burial,
and of erecting tombs, cenotaphs, and other monuments in
any of the designated lots or subdivisions of said Ceme-
tery, upon such terms and conditions, as they shall by their
rules and regulations 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 appropriated 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.
Sect. 6. This act shall be void unless the City Council
of Roxbury 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.]
TATE LAWS.
AN A C T
In Addition to an Act relating to a Public Cemetery in the
City of Roxbury.
Be it enacted by the Senate and House of Representatives
in General Court assembled,, and by the authority of
the same, as follows :
Sect. 1. The Board of Commissioners of the Rural
Cemetery in Roxbury, elected by the City Council, pursu-
ant to an act approved March twenty-fourth, One Thou-
sand 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 embellishment 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, dona-
tion or bequest; and whenever any such grant, donation
or bequest, or any deposite shall be made by the proprie-
tor 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 propri-
etor, or his representative, an agreement or obligation, in
such form, and upon such terms and conditions as they may
establish, binding themselves and their successors to pre-
serve and keep in repair said lot, forever, or for such
period as may be agreed on.
Sect. 2. Any sums of money, so received by said Com*
missioners, shall be invested by the City Treasurer of
Roxbury, 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 provision is made by the terms of
any such grant, donation or bequest), shall be made under
the charge of said City Treasurer, but shall always remain
separate from and independent of any other moneys or
property belonging to the City of Roxbury, and free from
STATE LAWS. 29
the control of the City Council. And the income of such
fund or funds shall be received by said Treasurer, subject
to the order of said Commissioners, and shall be appropri-
ated 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 Cemetery, unless such liability shall be ex-
pressed 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 effect from and after its
passage.
[Approved by the Governor, Feb. 25, 1852.]
[Accepted by the City Council.]
AN ACT
Relating to Town and Private Ways.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of
the same, as folloivs :
Sect. 1. When any town or private way shall be laid
out, altered, or widened, by selectmen or county commis-
sioners, they shall, in their report or return thereof, allow
the owner of the land through which said way may pass, a
reasonable time to take off his trees, fences, and other
property, which may obstruct the building of such way.
Sect. 2. If said owner shall not remove the same with-
in the time allowed for that purpose, he shall be deemed
30 STATE LAWS.
to have relinquished 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 dam-
ages 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 afore-
said ; and if the owner shall neglect to remove the same
within such extended time, he shall be deemed to have
relinquished his claim thereto, as before provided.
{Approved by the Governor, April 5, 1848.]
AN ACT
To Regulate the Storage and Transportation of Gunpow-
der in the City of Roxbury.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of
the same, as 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
discharge of military 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
establish rules and regulations relative to the times and
STATE LAWS. 31
places of transporting gunpowder in, through, and over
said city, or any part thereof, cither by land or water ; the
kind of carriages, boats, ships or vessels, in and by which
the same shall be transported ; the manner in which gun-
powder shall be kept by such persons as have been licensed
to keep the same ; and all such other rules and regulations
relative to the keeping 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 per-
formance of military duty, or under a license, as hereinbe-
fore provided, may be seized by any engineer of the Fire
Department of said city, and by him safely kept, until dis-
posed of, as hereinafter provided.
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 pursu-
ance of said libel, as arc provided in said chapter, from the
twentieth 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 gunpowder as above provided,
as fully as if the article of gunpowder were specially men-
tioned therein.
Sect. 6. Either of the engineers of the Fire Depart-
ment of said city may at any time enter into the place of
business of any party licensed to keep gunpowder, lor the
purpose of ascertaining whether or not the provisions of
this act, and the conditions of such party's license, have
been cluly observed and complied with.
Sect. 7. The rules and regulations herein above referred
to, relative to the transportation and keeping of gunpow-
der 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
ordinances of said city.
[Approved by the Governor, April 21, 1848.]
32 STATE LAWS.
AN ACT
Relating to Town and County Roads.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by 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 permanent 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 practica-
ble, 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 Governor, April 25, 1848.]
AN ACT
Imposing a Penalty on Town or City Officers, for Neglect
of certain Duties.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by 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 requir-
ed of him by the fifth chapter of the Revised Statutes, he
shall forfeit a sum not exceeding two hundred dollars, to
be recovered in the manner provided in the twelfth section
of said fifth chapter.
[Approved by the Governor, May 2, 1848.]
STATE LAWS. 33
AN ACT
Concerning the Erection of Balustrades upon Buildings in
Cities.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the
same, as folloivs :
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 mainte-
nance of balustrades, or other projections upon the roofs or
sides of buildings, 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 complaint before the police court of such city,
or any justice of 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
In Relation to Public Health.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the
same, as folloivs :
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 make to such
laws themselves, or in the special laws applicable to any
particular city.
Sect. 2. The power and duties above named, may be
exercised and carried into effect by city councils, in any
5
34 STATE LAWS.
manner which they may prescribe, or through the agency
of any persons to whom they may delegate the same, not-
withstanding 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 author-
ized 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, with-
in 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 pro-
vided in the succeeding section ; and if the owner or occu-
pant shall neglect so to do, he shall forfeit a sum not ex-
ceeding twenty dollars for every day during which he shall
knowingly permit such nuisance or cause of sickness to
remain, after the time prescribed as aforesaid for the re-
moval thereof.
Sect. 4. The order mentioned in the last section shall
be communicated by a written 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 unoccu-
pied, 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 removed, and all expenses incurred thereby shall be
paid by the said owner or occupant, or by such other per-
son as shall have caused or permitted the same, if said
owner of 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.
STATE LAWS. 35
Sect. 6. All expenses incurred by any town or city in
the removal of nuisances or for the preservation of the pub-
lic 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 six-
teen, chapter forty-four, relating to the board of health for
the Toavii of Boston, as is inconsistent with the foregoing
provisions, are hereby repealed, saving all proceedings and
causes of proceeding, and forfeitures incurred under and
by virtue of such repealed acts.
[Approved by the Governor, May 2, 1849.]
AN AC T
In Relation to the Laying out of Highways and other
Ways.
Be it enacted by the Senate and House of Representatives
in General 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 dis-
continuing of any way, which laying out, altering, or dis-
continuing . shall take place after the passage of this act,
shall be drawn in question, the time limited for applications
for a jury, to assess the damages caused by such laying
36 S T A T E I, A W 8 .
out, alteration or discontinuance, shall be so far extended,
that such application 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 dis-
continuance.
[Approved by the Governor, May 2, 1849.]
AN ACT
In Relation to Railroad Crossings.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by 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, high-
way, or town way, may, when said crossing is within the
limits of the City of Boston, be made, by any two inhab-
itants 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 application 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
declared applicable to all crossings by railroads of any
highway, turnpike, town way, 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 travel-
led place, not laid out and adjudged to be a town way or
highway, the said corporation shall provide a gate for the
same, or bars, a,s the county commissioners shall order.
Sect. 3. The county commissioners may direct gates
to be built across the turnpike, highway or town way when
S T A T B L A W S. ."57
the same crosses such railroad, instead of across said rail-
road.
Sect. 4. The original jurisdiction of all questions touch-
ing obstructions to turnpikes, highways, or town ways,
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 juris-
diction in equity, and may compel railroad corporations to
raise or lower any turnpike, highway, or town way, when
the county commissioners have decided, or may decide, in
due and legal form, that such raising or lowering of any
such way is necessary 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 tho Governor, May 2, 184'.).]
A N A C T
Concerning Truant Children, and Absentees from School.
Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by 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 igno-
rance, between the ages of six and lifteen years; and also
all such ordinances and by-laws, respecting sneli 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 exceed-
ing, for any one breach, a fine of twenty dollars; provided,
that said ordinances and by-laws shall be approved by the
court of common pleas for the county, and shall not be
repugnant to the laws of the Commonwealth.
d» STATE LAWS.
Sect. 2. The several cities and towns, availing them-
selves of the provisions of this act, shall appoint, at the
annual meetings of said towns, or annually by the mayor
and aldermen of said cities, three or more persons, who
alone shall be authorized to make the complaints, in every
case of violation of said ordinances or by-laws, to the jus-
tice 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 judi-
cial officers, shall in all cases, at their discretion, in place
of the fine aforesaid, be authorized to order children prov-
ed 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 JAidge
expedient, in such institution 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 availing
itself of the powers herein granted.
[Approved by the Governor, May 3, 1850.]
AN A C T
Providing for the Appointment of Police Officers.
Beit enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of
the same, as folio ids :
The mayor and aldermen of the several cities, and the
selectmen 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 aldermen, and selectmen, by
whom they are respectively appointed.
[Approved May 15, 1851.]
STATE LAWS, S\)
AN A C T
Relating to the Erection and Use of Buildings for Stables
and Bowling Alleys.
Be it enacted by the Senate and House of Representatives in
General Court assembled, and by the authority of the
same, as folloivs :
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 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 A C T
Concerning Streets and Ways in the City of Roxbury.
Be it enacted, by the Senate and House of Representatives in
General Court assembled, and by the authority of the
same, as follows :
Sect. 1. When any street or way, which now is, or
hereafter 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 public, before such street
40 STATE LAWS.
shall have been accepted and laid out according to law, it
shall be the duty of the owners of the lots abutting there-
on, to grade such street or way 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 alder-
men, neglect or refuse to grade such street or way in man-
ner aforesaid, or to close the same from the public, if the
same shall not have been dedicated to the public use, it
shall be lawful for the said mayor and aldermen to cause
the same to be graded as aforesaid, and the expense there-
of 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 : provided, always,
that nothing contained in this act shall be construed to
affect any agreements heretofore 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 Eoxbury.
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 t^- the Governor, April 12, 1853.]
STATE LAWS. 41
AN AC T
In Relation to the Grades of Certain Streets and Ways,
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the
same, as follows :
Sect. 1. When any street or way, which now is, or
hereafter shall he opened, in any city or town which shall
accept this act as hereinafter provided, over any private
land by the owners thereof, and dedicated to, or permitted
to be used by the public, before such street or way shall
have been accepted, and laid out according to law, it shall
be the duty of the owners of the lots abutting thereon, to
grade such street or way 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 any city, or
selectmen of any town, require ; and if the owners of such
abutting lots shall, after reasonable notice given by the
said mayor and aldermen, or selectmen, neglect or refuse
to grade such street or way in manner aforesaid, or to
close the same from public use, it shall be lawful for the
said mayor and aldermen, or selectmen, 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, or selectmen, in such propor-
tions as they shall judge reasonable ; and all assessments
so made shall be a lien upon such abutting lands, in the
same manner as taxes are now a lien upon real estate ;
provided always, that nothing contained in this act shall
be construed to affect any agreements heretofore made,
respecting any such streets or ways as aforesaid, between
such owners and any city or town ; provided, also, that
any such grading of any street or way by the mayor and
aldermen, or selectmen, as aforesaid, shall not be constru-
ed to be an acceptance of such street or way, by any such
city or town, and that the said grading of such street or
way, by any such owners, or on such notice or procurement
of such mayor and aldermen, or selectmen, shall not be
construed to be a dedication to the public use of any such
6
42 STATE LAWS.
street or way, or any part thereof, by the owner or owners
of the same.
Sect. 2. The mayor and aldermen of any city, or the
selectmen of any town, by which this act shall be accepted,
are hereby authorized to fix and establish the grade of any
street or way mentioned in the first section of this act, be-
fore the same is actually graded as therein provided, or of
any other street or way not legally accepted, and to cause
a plan of such grade to be deposited in the office of the
clerk of such city or town ; and all those who improve the
lots abutting on any such street or way after the grade of
it shall have been so established and recorded, shall, in
their improvements, either by building or otherwise, con-
form to said grade, and shall be entitled to no damages
for the making of such street or way according to said
grade, provided such street or way be actually made with-
in two years after the grade thereof is established and re-
corded. The establishing and recording of the grade of
any street or way as aforesaid, shall not be considered an
acceptance of such street or way by any city or town.
Sect. 3. No street or way, mentioned in the first and
second sections of this act, shall be dug up, or in any way
obstructed in any part thereof, without the consent of the
mayor and aldermen of the city, or the selectmen of the
town in which such street or way is situated.
Sect. 4. This act shall not take effect in any city or
town until it shall have been accepted by the city council
of such city, or by the inhabitants of such town, at a legal
meeting.
[Approved by the Governor, May 11, 1853.]
[Accepted by the City Council, June 27, 1853.]
AN AC T
Concerning the Election of City, Town, and County
Officers.
Beit enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. In all elections hereafter holden for the choice
of town, city, or county officers, by the people, the person
STATE LAWS. 43
receiving the highest number of votes, shall be declared
elected.
Sect. 2. Whenever two or more persons are to be
elected to the same office, the several persons, to the num-
ber required to be chosen, having the highest number of
votes, shall be declared elected.
Sect. 3. All acts and parts of acts, inconsistent here-
with, are hereby repealed.
Sect. 4. This act shall take effect from and after its
passage.
[Approved by the Governor, Feb. 27, 1854.]
AN ACT
In Relation to Prosecutions for Fines enuring to the Use
of Cities.
Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority
of the same, as follows :
Sect. 1. The city marshal, or other principal police
officer of any city in the Commonwealth, may prosecute
for all fines and forfeitures which may enure to the use of
such city, or of the poor thereof, and may also prosecute
for trespasses committed on any public building or enclo-
sure within the limits of such city.
Sect. 2. So much of the sixty-second and sixty-third
sections of the fifteenth chapter of the Revised Statutes as
is inconsistent with the provisions of this act, is • hereby
repealed.
[Approved by the Governor, April 29, 1854.]
AN A C T
To Regulate the Sidewalks in the City of Roxbury.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the
same, as follows :
Sect. 1. Whenever the mayor and aldermen of the city
of Roxbury shall deem it expedient to construct sidewalks
44
STATE LAWS.
in 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 abuttors bear-
ing the expense of the materials ; and whenever two-thirds
of the abuttors 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 side-
walks with brick, flat stones or plank, the same shall be
made, and the expense of the above-named materials shall
be assessed upon the abuttors, in proportion 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
abuttor or abuttors to pay the amount so assessed, in such
time as said city government of Eoxbury shall designate,
then such amount or amounts shall be recovered by an ac-
tion of contract to be brought by the mayor and aldermen
of said city, or by any other person or persons duly autho-
rized 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.]
AN ACT
T*o establish a Police Court in the City of Roxbury.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the
same, as 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 exclu-
sive jurisdiction over all crimes, offences and misdemean-
ors committed 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
STATE LAWS. 45
of the peace in the county of Norfolk, whenever all the
parties shall reside in Roxbury, and service of the writ
shall be had on the defendant in said county ; but the juris-
diction of the court of common pleas shall not be affected
by this act. The said court shall have original and con-
current jurisdiction, with justices of the peace, in said
county of Norfolk, over all crimes, offences and misde-
meanors, whereof justices of the peace within said county
now have or may have jurisdiction ; also of all suits and
actions within the jurisdiction of any justice of the peace
within the county of Norfolk.
Sect. 3. An appeal shall be allowed from all judgments
of said police court in like manner and to the same 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 for all services which he is or
may hereafter be required or authorized to perform as said
justice.
Sect. 5. A court shall be held by said justice at some
suitable place in said city of Roxbury, to be provided at
the expense of said city, on every day of the week, Sun-
days, Christmas, the Fourth of July, and public days of
Thanksgiving and Fast excepted, at nine of the clock in
the forenoon, and as much oftener as may be necessary, to
take cognizance of crimes, offences and misdemeanors ; and
on one day in each week, to be appointed and made known
by said justice for the entry and trial of civil actions.
And said justice may adjourn said court as justices of the
peace may now adjourn the same hearings or trials, and he
shall from time to time establish all necessary rules for
the orderly and uniform conducting of the business of the
court.
46 STATE LAWS.
Sect. 6. The justice of said court shall keep a fair
record of all proceedings in said court, and shall make re-
turn to the several courts of all legal processes and of his
doings therein in the same manner as justices of the peace
are now by law required to do ; and he shall also annually
in the month of December, exhibit to the city council of
said city of 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
justice, and shall be by him accounted for and paid over to
the same persons in the same manner and under the same
penalties as are by law prescribed in the case of justices
of the peace. All costs in such prosecutions not thus re-
ceived shall be made up, taxed, certified and allowed, and
shall be paid in like manner as is provided in case of jus-
tices of the peace.
Sect. 8. All fees and charges of said justice, both in
civil and criminal proceedings, shall be received by him,
and by him accounted for and paid to the treasurer of said
city of Roxbury, quarterly.
Sect. 9. The jurisdiction of said police court shall not
be limited by reason of any interest on the part of the
justices of said court in the payment of fines and costs
into the treasury of said city of Roxbury or county of
Norfolk.
Sect. 10. There shall be appointed by the governor,
by and with the advice and consent of the council, two
special justices of said court, either of whom shall have
power, in case of the absence, sickness, interest, or other
disability of the standing justice, to issue the processes of
said court, to hear and determine any matter or cause
pending, and to exercise all the powers of the standing
justice, until such disability be removed. And said special
justices shall be paid for the services as performed by them,
out of the 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.
STATE LAWS. 47
Sect. 12. The governor shall have power, by and with
the advice and consent of the council, to appoint said stand-
ing and special justices at any time after receiving notice
of the acceptance of this act by the city council of Roxbury.
Sect. 13. The city council of Roxbury may, whenever
the business of said court shall, in the judgment of said
council, require it, elect, by concurrent vote, a suitable per-
son to act as clerk of said court. Such clerk, when deter-
mined on, shall be chosen annually, and shall be sworn to
the faithful performance of the duties of his office, and shall
give bond to the city of Roxbury in such sum as the mayor
and aldermen of said city shall from time to time deter-
mine, 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 re-
quired of said standing justice by sections six, seven and
eight of this act. In case of the death or absence of said
clerk after he shall have been chosen, the court shall ap-
point a clerk pro tempore, who shall act until the standing
clerk shall resume the duties of his office, or another shall
be chosen, as herein provided; said clerk pro tempore shall
receive the same rate of compensation for his services as
the standing clerk, to be paid out of the salary of said
standing clerk. Said standing clerk shall receive in full
compensation for all his services as clerk, except for cer-
tificates and copies of papers and proceedings of said court,
such sum, annually, as shall be annually fixed upon by con-
current vote of the city council ; and said salary shall be
paid quarterly from the treasury of the city of Roxbury.
Sect. 14. This act shall be void unless the city council
of Roxbury shall, by concurrent vote, accept the same
within sixty days from and after its passage.
[Approved by the Governor, April 9, 1855.]
[Adopted by the City Council, April 27, 1855.]
48 STATELAWS.
AN ACT
Relating to the By-Laws of Cities and Towns.
Be it enacted by the Senate and House of Representatives
■in General Court assembled, and by the authority of the
same, as follows :
Whenever the inhabitants of any town, or the city coun-
cil of any city, in this Commonwealth, shall, in any lawful
by-law, impose a duty, and shall affix a penalty for neglect
or refusal to perform the same, they may also provide that
the said duty, in case of such neglect and refusal, may be
performed by officers named in such by-law, at the expense
of the party liable, which may be recovered by action of
contract, in the name of any such city or town, in any court
competent to try the same. But the amount recovered
shall never exceed the amount of the penalty fixed in such
by-law.
[Approved by the Governor, May 3, 1855.]
AN A C T
In addition to an Act to Regulate the Storage and Trans-
portation of Gunpowder in the City of Roxbury.
Be it enacted by the Senate and House of Representatives in
General Court assembled, and by the authority of the
same, as folloics :
Sect. 1. Whenever by virtue of an act to regulate the
storage and transportation of gunpowder in the city of
Roxbury, 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 concerning 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.]
STATE LAWS. 49
AN ACT
In Relation to Offensive Trades.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The board of health of any city or town
in this Commonwealth may, from time to time, assign
certain places for the exercising of any trade or employ-
ment which is a nuisance, or hurtful to the inhabitants or
their estates, dangerous to the public health, or the exer-
cise of which is attended by noisome and injurious odors,
or otherwise injurious to their estates, and they may forbid
the exercise of either of them in places not so assigned ;
and the said board may also forbid the exercise of such
trade or employment within the limits of the city or town,
or in any particular locality thereof.
Sect. 2. All orders of the board of health, as provided
in the first section, shall be served upon the occupant of
the place where such trade or employment is exercised, or
upon any person having charge thereof; and in case of
neglect or refusal to obey such order within twenty-four
hours after the said service, by such occupant or other
person, they and each of them shall be liable to a fine of
not less than fifty dollars, nor more than five hundred dol-
lars, to be recovered by indictment ; and in case of such
neglect or refusal, it shall be the duty of said board of
health to prevent the exercise of such trade or employ-
ment, and to take all necessary measures to that end.
Sect. 3. Any person aggrieved at any such order of the
board of health may apply to the court of common pleas, if
sitting in the county in which such order is made, or to any
justice thereof in vacation, for a jury ; and such court or
justice shall issue a warrant for a jury to be impanelled by
the sheriff in the same manner as is provided in the twenty-
fourth chapter of the Revised Statutes in regard to the
laying out of highways. Such application shall be made
within three days after the service of such order, and the
jury shall be impanelled at such time and place as the court
or justice may direct.
l
50 STATE LAWS.
Sect. 4. In case of appeal, as provided in the preceding
section, such trade or employment shall not be exercised
•while the same is pending ; and in case of any violation of
this section, said appeal shall be dismissed forthwith.
Sect. 5. The jury shall find a verdict, either affirming
or annulling the said order in full, or making alteration
therein, as they may see fit, which verdict shall be returned
to the next term of the said court by the sheriff, for ac-
ceptance, in like manner as in the case of highways, and
•Which verdict, being accepted, shall be binding to the same
effect as the original order would have been without such
appeal.
Sect. 6. If the verdict shall affirm such order, costs
shall be recovered by the city or town against such ap-
plicant; if the verdict shall annul such order in whole,
damages and costs shall be recovered by the complainant
against such city or town ; and in case the verdict shall
alter such order in part, the court may render such judg-
ment, as to costs, as to justice shall appertain.
Sect. 7 This act shall take effect from and after its
passage ; but it shall not be in force in any city or town
unless the inhabitants of such town, or the city council of
such city, shall adopt the same at legal meetings.
[Approved by the Governor, May 18, 1855.]
[Approved by the City Council, July 16, 1855.]
AN ACT
For the Suppression of certain Common Nuisances.
Be it enacted by the Senate and House of Representatives in
General Court assembled, and by the authority of the
same, as follows :
Sect. 1. All buildings, places or tenements, used as
houses of ill-fame, resorted to for prostitution, lewdness,
or for illegal gaming, or used for the illegal sale or keep-
ing of intoxicating liquors, are hereby declared to be com-
mon nuisances, and are to be regarded and treated as such.
STATE LAWS. 51
Sect. 2. Any person keeping or maintaining any such
common nuisance shall be punished by fine not exceeding
one thousand dollars, or by imprisonment in the county jail
not more than one year.
Sect. 3. If any person, being a tenant or occupant, un-
der any lawful title, of any building or tenement not owned
by him, shall use said premises, or any part thereof, for
any of the purposes enumerated in the first section of this
act, such use shall annul and make void the lease or other
title under which said occupant holds, and without any act
of the owner, shall cause to revert and vest in him the
right of possession thereof; and said owner may make im-
mediate entry, without process of law, upon the premises,
or he may avail himself of the remedy provided in the one
hundred and fourth chapter of the Eevised Statutes ; and
the provisions of said chapter shall be deemed to extend
to all such cases ; and any person appealing from any judg-
ment rendered upon said complaint, shall be required to
enter into the same recognizance now provided by the one
hundred forty-second chapter of the laws of eighteen hun-
dred and forty-eight.
Sect. 4. If any person shall knowingly let any building
or tenement owned by him, or under his control, for any of
the purposes in the first section of this act enumerated, or
shall knowingly permit any such building or tenement, or
any part thereof, to be so used while under his control,
or shall, after due notice of any such use of said building
or tenement, omit to take all reasonable measures to eject
the said person or persons from said premises, as soon as
the same may lawfully be done, he shall be deemed and
taken to be guilty of aiding in the maintenance of such
nuisance, and be punished by a fine of not less than one
hundred, nor more than one thousand dollars, or by im-
prisonment in the county jail not less than thirty days, nor
more than six months.
[Approved by the Governor, May 19, 1855.]
52
TATE LAWS
AN AC T
Regulating the Use of Steam Engines and Furnaces.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the
same, as follows :
Sect. 1. No furnace for melting of iron, or stationary
steam engine, designed for use in any mill for the planing
or sawing of boards, or turning of wood in any form, or
when any other fuel than coal is used to create steam,
shall hereafter be erected, or put up to be used, in any city
or town in this Commonwealth, unless the mayor and
aldermen of such city, or selectmen of such town, shall
have previously granted license therefor, designating the
place where the building or buildings shall be erected, in
which such steam engine or furnace shall be used, the ma-
terials and construction thereof, and such other provisions
and limitations, as to the height of flues, and protection
against fire, as they shall judge necessary for the safety of
the neighborhood ; such license to be granted on written
application, and to be recorded in the records of such city
or town.
Sect. 2. Whenever the mayor and aldermen of any
city, or the selectmen of any town, after due notice in
writing to the owner of any such steam engine or furnace
heretofore erected, or in use, and a hearing of the matter,
shall adjudge the same to be dangerous, or a nuisance to
the neighborhood, they may make and record an order,
prescribing such rules, restrictions and alterations, as to
the building in which such steam engine or furnace is con-
structed or used, the construction and height of its smoke-
flues, or other provisions, as they shall deem the safety of
the neighborhood to require ; and it shall be the duty of
the city or town clerk to deliver a copy of such order to a
constable, who shall serve such owner with an attested
copy thereof, and make return of his doings thereon to
said clerk, within three days from the delivery thereof to
him.
Sect. 3. Any such engine or furnace hereafter erected
without license made and recorded as aforesaid in section
STATE LAWS. 53
first, shall be deemed and taken to be a common nuisance,
without any other proof thereof than proof of its use ; and
any steam engine or furnace used contrary to the provi-
sions of section second of this act, shall be taken and
deemed to be a common nuisance.
Sect. 4. The mayor and aldermen of any city, or select-
men of any town, shall have the same power and authority
to abate and remove any such steam engine or furnace
erected or used contrary to the provisions of this act, as
are given to the board of health, in the tenth and eleventh
sections of the twenty-first chapter of the Revised Statutes.
Sect. 5. Whenever application shall be make for
license as aforesaid, the mayor and aldermen of any city,
or selectmen of any town, shall assign a time and place for
the consideration of the same, and shall cause public no-
tice thereof to be given at least fourteen days beforehand,
in such manner as said mayor and aldermen or selectmen
may direct, and at the expense of the applicant, in order
that all persons interested may be heard before the grant-
ing of a license.
Sect. 6. Any owner of a steam engine or furnace, ag-
grieved by any such order, as provided in section second
of this act, may apply to the court of common pleas, if sit-
ting in the county, in which such engine or furnace is situ-
ated, or to any justice thereof in vacation, for a jury, and
such court or justice shall issue a warrant for a jury to be
impannelled by the sheriff, in the same manner as is pro-
vided in the twenty-fourth chapter of the Revised Statutes,
in regard to the laying out of highways ; such application
shall be made within three days after such order is served
upon the said owner ; and the said jury shall be impan-
nelled within fourteen days from the issuing of said war-
rant.
Sect. 7. Upon any application to said court of common
pleas, or to any justice thereof, for a jury, said court^ or
justice, on granting the same, may, in its or his discretion,
issue an injunction restraining the further use of said en-
gine or furnace, until the final determination of such appli-
cation by the jury and court to which such verdict may be
returned.
54 STATE LAWS.
Sect. 8. The jury shall find a verdict either affirming
or annulling the said order in full, or making alterations
therein, as they may see fit ; which verdict shall be return-
ed to the next term of the said court by the sheriff for
acceptance, in like manner as in the case of highways, and,
which verdict being accepted, shall be binding to the same
effect as the original order would have been without such
appeal.
Sect. 9. If the verdict shall affirm such order, costs
shall be recovered by the city or town against such appli-
cant ; if the verdict shall annul such order in whole, dam-
ages and costs shall be recovered by the complainant
against such city or town ; and in case the verdict shall
alter such order in part, the court may render such judg-
ment as to costs, as to justice shall appertain.
Sect. 10. This act shall not be in force in any town or
city, unless the inhabitants of the town or the city council
of the city, shall adopt the same at a legal meeting of said
inhabitants or city council called for that purpose.
Sect. 11. This act shall take effect from and after its
passage.
[Approved by the Governor, April 25, 1845.]
[Adopted by the City Council, April 30, 1855.]
CITY ORDINANCES.
[B3P" All the Ordinances were published in the Municipal Register
of last year.]
[No. 1.]
An Ordinance prescribing the manner of Recording the
Ordinances of the City.
[No. 2.]
An Ordinance concerning the form of "Warrants, and the
service and return thereof.
[No. 3.]
An Ordinance relating to the election of certain City
Officers.
[No. 4.]
An Ordinance authorizing the appointment and prescribing
the duties of a City Marshal.
[No. 5.]
An Ordinance establishing the office of City Messenger.
[No. 6.]
An Ordinance establishing a system of accountability in
the expenditures of the City.
56 CITY ORDINANCES.
[No. 7.]
An Ordinance to preserve the Public Health, by regulating
the use of Chemical Laboratories, and the manufactur-
ing of White Lead and Red Lead.
[No. 8.]
An Ordinance establishing a system for Collecting the
Taxes of the City of Roxbury.
[No. 9.]
An Ordinance establishing the office of Commissioner or
Commissioners of Highways, and defining the duties
thereof.
[Repealed.]
[No. 10.]
An Ordinance regulating the Fire 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.
[No. 12.]
Am Ordinance in relation to Burial Grounds, and the In-
terment of the Dead.
[No. 13.]
An Ordinance to prevent unlawful and injurious practices
in the streets and other public places of the City.
[No. 14.]
An Ordinance prescribing Rules and Regulations relative
to nuisances, sources of filth, and causes of sickness,
within the City of Roxbury.
CITY ORDINANCES. 57
[No. 15.]
An Ordinance directing the manner in which the Ordi-
nances of the City Council shall be promulgated.
[No. 16.]
An Ordinance restraining the going at large of Dogs within
the City of Roxbury.
[No. 17. J
An Ordinance requiring a separate Record to be kept of the
Streets and Highways in the City.
[No. 18.]
An Ordinance to establish the City Seal.
[No. 19.]
An Ordinance relative to the enacting style of the City
Ordinances.
[No. 20.]
An Ordinance providing for the execution of Deeds, Leases,
and other legal instruments in behalf of the City.
[No. 21.]
An Ordinance in addition to an Ordinance regulating the
Fire Department of the City of Roxbury.
[Repealed.]
[No. 22.]
An Ordinance relating to the Expenditures for Schools.
[No. 23.]
An Ordinance in addition to " An Ordinance to prevent
unlawful and injurious practices in the streets and other
public places of the City.' 3
58 CITY ORDINANCES.
[No. 24.]
An Ordinance establishing the Name of the Rural Cemetery.
[No. 25.]
An Ordinance in relation to Numbering Houses and other
Buildings.
[No. 26.]
An Ordinance in addition to "An Ordinance prescribing
Rules and Regulations relative to nuisances, sources of
filth and causes of sickness within the City of Roxbury."
[No. 27.]
An Ordinance in addition to " An Ordinance in relation to
Burial Grounds and the Interment of the Dead."
[No. 28.]
An Ordinance in addition to " An Ordinance to prevent
unlawful and injurious practices in the streets and other
public places in the City."
[No. 29.]
An Ordinance prescribing the form of Deeds to be executed
for the conveyance of Lots in Forest Hills Cemetery.
[No. 30.]
An Ordinance in addition to an Ordinance No. 10, regulat-
ing the Fire Department of the City of Roxbury.
[Repealed.]
[No. 31.]
An Ordinance in addition to "An Ordinance to establish a
Watch for preserving the safety and good order of the
City of Roxbury."
CITY ORDINANCES, 59
[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."
[No. 33.]
An Ordinance in relation to Truant Children and Absentees
from School.
[Repealed.]
[No. 34.]
An Ordinance regulating the Fire Department of the City
of Roxbury.
[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 Regulations relative to nuisances, sources of
filth and causes of sickness within the City of Roxbury."
[No. 37.]
An Ordinance establishing the Office of City Crier.
[No. 38.]
An Ordinance in relation to Truant Children and Absentees
from School.
[No. 39.]
An Ordinance concerning the removal of House Offal and
Night Soil from the City.
60 CITY ORDINANCES,
[No. 40.]
An Ordinance establishing the Office of Commissioner of
Streets, and defining the Duties thereof.
[No. 41.]
An Ordinance in relation to the Acceptance of Streets in the
City of Roxbury.
[No. 42.]
An Ordinance to repeal " An Ordinance authorizing the ap-
pointment and prescribing the duties of a City Marshal."
[No. 43.]
An Ordinance establishing the Office of City Solicitor.
[No. 44.]
An Ordinance relating to Expenditures for Lamps.
[No. 45. J
An Ordinance authorizing the appointment and prescribing
the duties of City Marshal.
[No. 46.]
An Ordinance amendatory of " An Ordinance in relation to
the acceptance of Streets in the City of Roxbury."
[No. 47.]
An Ordinance amendatory of " An Ordinance regulating the
Fire Department of the City of Roxbury."
[No. 48.]
An Ordinance establishing the Office of City Physician.
Cits of lUdwrg.
RULES AND ORDERS
OF THE
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 read-
ing, passage to be enrolled, passage to be ordained ; and
every joint resolution shall have two several readings be-
fore the question shall be taken on its final passage.
62 Rules mid 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 Widen-
ing 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.
VI. All Committees shall be appointed and announced
by the Mayor, except such as the Board of Aldermen shall
determine 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
OF THE
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, any
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 votiug in the affirm-
ative 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.
Sect. 4. He shall rise to address the Council, or to put
a question, but may read sitting.
64 Rules and Orders of the Common Council,
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, pro-
vided one-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 previous 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 cer-
tain, to commit, to amend, or to postpone indefinitely;
which several motions shall have precedence in the order
in 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-
In the City of Ro.vbury,for 1856. 65
lowing form : " Shall the main question be now put ? " —
and all debate upon the main question shall be suspended
until the previous question shall be decided. After the
adoption 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
questions 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 by the President, except such as the Council de-
termine to elect by ballot ; and it shall be in order for
any member to move that the President be appointed on
any Committee.
Rights and Duties of Members.
Sect. 16. When any member is about to speak in de-
bate, 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 such other designation as may be intelli-
gible and respectful.
66 Rules and Orders of the Common Council,
Sect. 18. No member speaking shall be interrupted by
another, but by rising to call to order, or to correct a
mistake. When a member is called to order, he shall im-
mediately sit down, unless permitted to explain, and the
Council, if appealed to, shall decide on the case without
debate ; and if the decision is against the member, he shall
not be permitted to speak, unless by 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 re-
quest it.
Sect. 22. When a vote has passed, it shall be in order
for any member of the majority to move for a reconsidera-
tion 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.
In the City of Roxburyjor 1856. 6f
Sect. 24. Every member who shall be in the Council,
when a question is put, shall vote, unless for special rea-
sons excused.
Sect. 25. The division of a question may be called for
when the sense will admit of it.
Sect. 26. When the reading of a paper is called for,
and the same is objected to by 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 motion 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 chairman of more than one.
Of Communications, Committees, Reports and Resolutions.
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 other-
wise direct. And every member presenting a petition,
remonstrance, 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.
68 Rules and Orders of the Common Council,
Sect. 32. No Committee shall sit during the sitting of
the Council, without special leave.
Sect. 33. The rules of proceeding in Council shall be
observed in Committee of the Whole, so far as they may
be applicable, excepting the rules limiting the time of speak-
ing; 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
otherwise, 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^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.
In the City of Rozbury, for 1856. 69
Sect. 40. The Clerk shall keep brief minutes of the
votes and proceedings of the Council, — entering thereon
all accepted 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 writ-
ten ballot.
Sect. 42. It shall be the duty of all Standing Commit-
tees 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
eligible, 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 Parliamenta-
ry Practice."
JOINT 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 Alder-
men, 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
members 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 Highways, 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. 71
A Committee on the Fire Department : — To consist of
three members of the Board of Mayor and Aldermen, and
five members of the Common Council.
A Committee on Burial Grounds : — To consist of the
Mayor, 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.
A Committee on Printing : — To consist of two mem-
bers 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, de-
cease, inability or absence of that officer, the Chairman of
the Board of Aldermen shall act ex officio. And the mem-
bers of the Board of Aldermen and of the Common Coun-
cil, 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 mem-
ber, 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 when-
ever the Chairman of any such Committee shall have omit-
ted 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
72 Joint Rules and Orders of the City Council.
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
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 amend-
ment, 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 by the City Council of the City of Roxbury"
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 consulta-
tion, 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 sup-
plies or services which shall not have been ordered or au-
thorized 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 Commit-
tees may report by ordinance, resolve, or otherwise.
Joint Rules and Orders of the City Council. 13
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 shall make copies of any papers to be re-
ported by 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 Reso-
lutions 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 en-
rolled; 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.
10
74 Joint Rules and Orders of the City Council.
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 printing, for the use of either branch of the City Coun-
cil, it shall be sent to the other Board for concurrence.
Sect. 15. No enrolled Ordinance shall be amended.
Sect. 16. All messages between the two Boards shall
be reduced to writing by the respective clerks, and may be
transmitted by the Clerk or the Messenger.
Sect. 17. It shall be the duty of every Joint Commit-
tee, (the Committee on Highways, Bridges and Sidewalks
excepted,) to whom any subject may be specially referred,
to report thereon within four weeks, 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
previously agreed upon.
Sect. 20. After the annual appropriations shall have
been passed, no subsequent expenditure shall be author-
ized for any object, unless provision for the same shall be
made by a specific transfer from some of the appropria-
tions 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 affirmative 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 reconsid-
ered in either Board after the same has been finally acted
upon in the other Board, unless the motion for reconsider-
ation be made, or notice given at the same meeting at
which the vote to be reconsidered passed.
GOVERNMENT
CITY OF ROXBURY,
1856.
MAYOR.
JOHN S. SLEEPER, Eustis Street.
[Salary $800. Charter, Sec. 7.]
ALDERMEN.
NELSON CURTIS,
BENJAMIN THOMPSON,
CHARLES E. GRANT,
JOSEPH G. TORREY,
GEORGE S. GRIGGS,
NAHUM WARD,
JONA. P. ROBINSON,
CHARLES C. NICHOLS,
Dudley Street, At Large.
Kenil worth Street, "
Chestnut Street, "
Eustis Street, Ward 1.
Milford Place, " 2.
Washington Street, " 3.
Cedar Street, " 4.
Circuit Street, " 5.
COMMON COUNCIL.
JOHN W. MAY, President, Washington Street.
Ward 1.
Franklin Williams,
William Morse, .
George H. Pike, .
Samuel Pearson, Jr.
Zeigler Street.
Davis Street.
Eaton Street.
Davis Street.
78
CITY OFFICERS
Ward 2.
Timothy R. Nute,
William P. Fowle,
Thomas L. D. Perkins,
Phineas Colburn,
John W. May, .
John E. Go wen, .
William F. Dunning,
Samuel Little,
Samuel A. Shurtleff,
Ebenezer W. Bumstead.
Alonzo W. Folsom,
Daniel W. Glidden,
James W. Cushing,
Robert C. Nichols,
John T. Ellis,
William K. Lewis,
Ward 3.
Ward 4.
Ward 5.
Vernon Street.
Auburn Street.
Washington Street.
Ruggles Street.
Washington Street.
Linden Park.
Linden Park.
Washington Street.
Lin wood Place.
Centre Street.
Parker Street.
Edinboro' Street.
Warren Street.
Cliff Street.
Eustis Street.
Warren Street.
City Clerk mid Clerk of Board of Aldermen.
JOSEPH W. TUCKER, Lambert Street.
Salary $1000 ; 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 $450. [Chosen by concurrent vote in April.
Ordinance No. 5.]
CITY OFFICERS
79
JOINT STANDING COMMITTEES.
ON FINANCE.
The Mayor.
Alderman
Nichols.
Common Council.
Messrs. Little,
Pearson,
Lewis,
Fowle,
Slmrtleff.
ON ACCOUNTS.
Aldermen
Grant,
Thompson.
Common Council.
Messrs. Cushing,
Ellis,
Nute.
ON PUBLIC PROPERTY.
Aldermen
Curtis,
Griggs,
Robinson.
Common Council.
Messrs. Ellis,
Little,
Slmrtleff,
Perkins,
Pike.
ON PUBLIC INSTRUCTION.
The Mayor.
Aldermen
Robinson,
Thompson.
Common Council.
Messrs. May,
Nichols,
Bumstead,
Nute,
Williams.
ON HIGHWAYS, BRIDGES AND SIDEWALKS.
The Mayor.
Aldermen
Thompson,
Curtis.
Common Council.
Messrs. Nichols,
Folsom,
Dunning,
Col burn,
Pike.
80
CITY OFFICERS.
ON THE FIRE DEPARTMENT.
Aldermen
Kobinson,
Nichols,
"Ward.
Common Council.
Messrs. Folsom,
Colburn,
"Williams,
Dunning,
Lewis.
ON BURIAL GROUNDS.
The Mayor.
Aldermen
Ward,
Grant.
Aldermen
Griggs,
Grant.
Common Council.
Messrs. Lewis,
Glidden,
Morse,
Fowle,
Pearson.
ON FUEL.
Common Council.
Messrs. Gowen,
Perkins,
Glidden.
ON POOR AND ALMSHOUSE.
The Mayor.
Alderman
Torrey.
Common Council.
Messrs. Nute,
Shurtleff,
Cushing.
ON LAMPS.
Aldermen
Ward,
Torrey.
Aldermen
Thompson,
Grant.
Common Council.
Messrs. Little,
Bumstead,
Ellis.
ON PRINTING.
Common Council.
Messrs. Nichols,
Williams,
Perkins.
CITY OFFICERS. 81
STANDING COMMITTEES OF THE BOARD OF
ALDERMEN.
ON POLICE.
The Mayor, Aldermen Thompson and Nichols.
ON LICENSES.
The Mayor, Aldermen Torrey and Grant.
ON ENROLMENT.
Aldermen Torrey, Robinson and Ward.
ON LAYING OUT AND WIDENING STREETS.
The Mayor, Aldermen Griggs and Curtis.
ON BILLS OR ACCOUNTS PRESENTED FOR ALLOWANCE OR
PAYMENT.
Aldermen Nichols, Ward and Thompson.
STANDING COMMITTEES OF THE COMMON
COUNCIL.
ON ELECTIONS.
Messrs. Fowle, Pearson and Gowen.
ON ENROLLED ORDINANCES.
Messrs. Gushing, Gowen and Morse.
TREASURY DEPARTMENT.
Joseph W. Dudley, Treasurer and Collector. Blanchard
Place. Salary $1,400. [Chosen by City Council, in
Convention, in January. Office, City Hall. See Ordi-
nance No. 8.]
11
82 CITY OPFICEES.
ASSESSORS.
Joseph N. Brewer, Joshua Seaver, Enos F. Bronsdon.
[Chosen by City Council, in Convention, in April.] Re-
ceive $225 each, and $100 Clerk hire.
ASSISTANT ASSESSORS.
Ward 4. Granville W.Wilson,
5. Stephen Hammond.
Ward 1. Joseph Bugbee,
2. G-era Farnum,
3. Uriah T. Brownell,
[Chosen in each Ward where they reside.] Eeceive $
each.
OVERSEERS OF THE POOR.
The Mayor, ex officio, Chairman.
Ward 1. Warren Marsh,
2. Ira Allen,
3. S. S. Littlefield,
[Chosen in each Ward where they reside.]
Ward 4. Nelson Worthen,
5. George Gregerson.
THE ALMSHOUSE.
Ezra Young, Superintendent. Salary $500. [Appointed
by Overseers of the Poor.]
Joseph H. Streeter, M. D., Physician. Salary $100.
[Appointed by Overseers of the Poor.]
SURVEYORS OF HIGHWAYS.
John S. Sleeper,
Nelson Curtis,
Benjamin Thompson,
Charles E. Grant,
Joseph G. Torrey,
George S. Griggs,
Nahum Ward,
Jona. P. Robinson,
Charles C. Nichols.
COMMISSIONER OF STREETS.
Richard Ward, Lambert Avenue. Salary $650. [Chosen
by the Mayor and Aldermen, in January. See Ordi-
nance No. 40.]
CITY OFFICERS. 83
FIRE DEPARTMENT.
[Ordinance No. 34.]
CHIEF ENGINEER.
Samuel F. Train. Salary $225.
ASSISTANT ENGINEERS.
1. Gilbert S. May, 3. Jonas Fillebrown,
2. Daniel E. Page, 4. John Withers.
[The Chief and Assistant Engineers are chosen by the City
Council, in Convention, in April. The rank of the
Assistant Engineers is determined by the Mayor and
Aldermen. They receive $60 each ; the Secretary an
additional sum of $15.]
FOREMEN OF ENGINES.
Warren Co. No. 1. Dudley, corner Warren Street.
John A. Foley.
America Co. No. 2. Center Street.
George White.
Jamaica Co. No. 3. Centre, near Perkins Street.
[Vacant.]
Torrent Co. No. 6. Eustis Street.
Chester M. Gay.
Tremont Co. No. 7. Ruggles Street.
Theo. S. Robinson.
Washington Hook $f Ladder Co. Dudley, cor. Warren St.
Charles A. Adams.
Cochitaate Hose Co. Near Railroad Crossing, Wash' ton St.
Thomas A. Scott.
84
CITY OFFICERS.
THE FOLLOWING TABLE EXHIBITS THE PAY OF THE OFFICERS AND MEMBERS
OF THE SEVERAL ENGINE COMPANIES.
<D o
£ s
111
Name of Engine.
Warren, No. 1, . , . .
America, No. 2, . . . .
Jamaica, No. 3, (Vacant,)
Torrent, No. 6, . . . .
Tremont, No. 7, . . . :
Hook and Ladder Company,
Cochituate Hose Company,
$80
80
80
50
50
$70
70
70
70
40
40
$100
100
100
100
50
55
38
38
38
38
18
10
$36
30
36
36
36
36
The Members of the Engine Companies are appointed by the Mayor
and Aldermen. Their compensation is determined by the City Council.
POLICE DEPARTMENT.
POLICE COURT.
STANDING JUSTICE.
Francis Hilliard, corner of Highland and Cedar Streets.
Salary $1,000. Fees payable into City Treasury.
SPECIAL JUSTICES.
JOshua Seaver, Eben Jones.
CITY MARSHAL.
Abraham S. Parker, Tremont Street. Salary $2.25 per
diem. [Ordinance No. 45. Appointed by the Mayor
and Aldermen.]
CITY OFFICERS.
85
ASSISTANT MARSHALS, WATCHMEN AND POLICE OFFICERS.
William D. Cook,
Henry J. Y. Myers,
Joseph Hubbard,
James Ball,
Elliott 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.
A. S. Parker,
William D. Cook,
Henry J. V. Myers,
Joseph Hubbard,
Elliott Trask,
Hawley Folsom,
James Ball,
Hiram A. Campbell,
Luke Jewett,
Samuel S. Littlefield,
Charles T. Trask,
Morrill P. Berry,
Samuel Mcintosh,
Bartlett W. Dexter,
Henry L. Ford.
Ezra Young,
[Appointed by the Mayor and Aldermen.]
CORONERS.
Thomas Adams,
Morrill P. Berry,
Vernon Street.
Vernon Street.
TRUANT OFFICERS.
William D. Cook,
Henry J. V. Myers,
Joseph Hubbard,
Elliot Trask,
Hawley Folsom,
Hiram A. Campbell.
[Ordinance No. 38. Appointed by the Mayor and Alder-
men.]
CITY SOLICITOR.
"William Gaston, Linden Park. Salary $500. [Ordinance
No. 43.] Chosen by concurrent vote, in February.
86
CITY OFFICERS
HEALTH DEPARTMENT.
BOARD OF HEALTH.
The Mayor and Aldermen.
CONSULTING PHYSICIANS.
Charles M. Windship, M. D. John S. Flint, M. D.
Timothy R. Nute, M. D.
[Appointed by the Mayor and Aldermen, in May or June.
Ordinance No. 14.]
CITY PHYSICIAN.
Arial I. Cummings, M. D., Dudley Street. Salary $200.
[Chosen by concurrent vote in the City Council in May.
Office, rear of City Hall.]
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 26.]
Term Expires
Alvah Kittredge, ....
1857.
William J. Reynolds,
1858.
Linus B. Comins, ....
1859.
Jonathan French, . ...
1860.
Francis C. Head,
1861.
Alvah Kittredge, Chairman.
Francis C. Head, Secretary.
Joseph W. Dudley, City Treas., Treasurer.
Joseph W. Tucker, Register.
Daniel Brims, Superintendent.
PUBLIC SCHOOLS. 87
The following Officers are first elected by the Mayor and
Aldermen, and then sent to the Common Council for
their concurrence. They are all paid by fees.
Field Drivers and Hogreeves. — Bradbury Pevear, Wil-
liam 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.
Sealers of Leather. — Reuben M. Stackpole, Joseph W.
Winslow.
Surveyors of Lumber. — Cera Farnum, Tillson Williams.
Measurers of Wood and Bark. — Joseph Bugbee, El-
bridge A. Hovey, Royal L. Hodsdon, Stephen Faunce, D.
Webster Bullard.
Weigher of Hay. — Andrew W. Newman.
Sealer of Weights and Measures. — Thomas Taber.
PUBLIC SCHOOLS.
SCHOOL COMMITTEE.
William II. Ryder, Chairman.
Arial I. Cummings, Secretary.
Elected at Large.
George Putnam, Julius S. Shatter, William H. Ryder.
Elected by Wards.
Ward 1. — Horatio G. Morse, Henry W. Farley.
Ward 2. — Joshua Seaver, Ira Allen.
Ward 3. — William A. Crafts, A. I. Cummings.
Ward 4. — James Waldock, Joseph N. Brewer.
Ward 5.— Samuel Walker, Theodore Otis.
88
PUBLIC SCHOOLS.
SUB-COMMITTEES.
Books. — Messrs. Ryder, Shatter, Morse, Farley, Crafts.
Finance. — Messrs. Seaver, Putnam, Walker.
Regulations. — Messrs. Shatter, Crafts, Farley.
Filling Vacancies in Primary 8f Intermediate Schools. -
Messrs. Eyder, Morse, Otis, Shatter, Cummings.
OF DIFFERENT SCHOOLS.
Schools.
Location -
Local Committee.
English High, for Boys
Mt. Vernon Place
Putnam, Walker, Morse.
Mt. Vernon Place
Under charge of Trustees.
High School for Girls
Kenilworth Street
Shailer, Brewer, Otis.
Dudley . .
\
Kenilworth and }
Bartlett Streets $
Otis, Walker, Farley.
"Washington .
Washington Street
Waldock, Seaver, Allen.
Dearborn . .
■I
Abney Place, )
near Davis St. $
Morse, Farley, Cummings.
Eliot . . .
Gore Avenue .
Crafts, Cummings, Waldock.
Francis Street
Francis Street .
Farley, Brewer, Crafts.
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 under the direction of a Board of Trustees, consist-
ing of the following gentlemen :
George Putnam, President. Benjamin Kent,
I. M. Spelman, Treasurer. B. E. Cotting,
Charles K. Dillaway, Secretary. A. C. Thompson,
Enoch Bartlett, Theodore Otis,
Thomas D. Anderson, S. P. Blake,
D. A. Simmons, I. M. Spelman,
Samuel H. Walley, James Guild.
[The City pays an annual sum towards the support of these Schools,
and by a mutual arrangement the School Committee have a joint juris-
diction over the English High School.]
PUBLIC SCHOOLS. 89
HIGH SCHOOL.— Girls.
Robert Bickford, Principal.
Martha S. Price, Assistant.
DUDLEY SCHOOL.— Girls.
Adeline Seaver, Principal.
Caroline Alden, Mary "Ward, Clara B. Tucker, Ellen A.
Marean, Henrietta M. Young, C. B. Thompson, Lydia M.
Harris, Assistants.
WASHINGTON SCHOOL.— Boys.
John Kneeland, Principal.
Benjamin C. Yose, 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, Louisa J. Fisher,
S. Francis Haskell, Caroline J. Nash, Assistants.
ELIOT SCHOOL.— Girls.
Sarah A. M. Cushing, Principal.
Mary C. Eaton, Elizabeth W. Young, Almira W. Cham-
berlain, Assistants.
FRANCIS STREET SCHOOL.— Both Sexes.
Sophronia F. Wright, Principal.
INTERMEDIATE SCHOOL.— Boys.
Delia Mansfield, Principal.
Nancy L. Tucker, Assistant.
CURATOR.
Jonas Pierce, Jr.
12
90
PUBLIC SCHOOLS.
PRIMARY SCHOOLS — 1856.
Teachers.
Location.
Committee.
1.
Morse.
2.
Morse.
3.
Sarah 0. Babcock. ......
Morse.
4
Burrill
Morse .
5.
Cumniings.
6.
Cummings.
7
Sumner Street
Farley.
8
9
Harriet H. Fay
Shailer.
10.
Shailer.
11.
Allen.
12.
Allen.
13.
Allen.
14.
Allen.
15.
Otis.
16
Avon Place
Otis.
17
Mill Dam
Allen.
18.
Seaver.
IP
F. N. Brooks
Seaver.
?,(\.
Crafts.
91
22.
Crafts.
23.
Brewer.
24
Brewer.
25.
Near Jamaica Plain. . .
Waldock.
26.
Putnam.
97
28.
Margaret G. Chenery. . . .
Putnam.
29.
Elm Street
"Walker.
30
Elm Street
Walker.
31.
Wash'ton, c. Suffolk PI.
Brewer.
Teachers are elected, except those in the High School, and their
Balary fixed by the School Committee.
WAED OFFICERS
91
WARD OFFICERS.
AVard 1.
Warden,
Samuel P. Kent.
Clerk,
Jesse E. Razee.
Inspectors,
Chester M. Gay.
George H. Miller,
Lucius L. Ryerson.
Ward 2.
Warden,
Joshua Seaver.
Clerk,
Anthony B. Shaw.
Inspectors,
Squire G. Brooks.
Benjamin Anthony,
George H. Bills.
Ward 3.
Warden,
Joseph Wiggin.
Clerk,
George Morrill.
Inspectors,
Laban S. Beecher,
Dexter Dana.
Nelson Curtis.
Ward 4.
Warden,
John Stockman,
Clerk,
Edward B. Reynolds.
Inspectors,
Francis Freeman,
Hartley E. Woodbridge,
Richard H. Wiswall.
Ward 5.
Warden,
William K. Lewis.
Clerk,
John H. Sleeper.
Inspectors,
Henrv Parkhurst,
Theodore R. Bell,
James T. Bicknell.
92 WARDS
WARDS,
As divided and established by the Board of Selectmen of
the Town of Roxbury, March 26, 1846, (see City Char-
ter, Sect. 3,) and revised by the City Council in 1851.
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 turn-
pike, 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 Rug-
gles 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 Wash-
ington 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. MS
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 monument near Leonard Hyde's on Centre Street,
being the division line between West Roxbury and Roxbu-
ry; thence in a direct line 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 northerly 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
Street.
94
MODES OP APPOINTMENT OF CITY OFFICERS.
MODES AND TIMES OF APPOINTMENT OF
VARIOUS CITY OFFICERS.
THE
City Clerk — in Convention, . . January.
Undertaker — -Mayor and Aldermen,
Chief and Assistant Engineers-! — in
Convention, ..... April.
Commissioner of Streets-^Mayor and
Aldermen, ..... January.
Field Drivers and Hogreeves, Fence
Viewers, Pound Keeper, Tything-
men, Sealers of Leather, Surveyors
of Lumber, Measurers 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. 95
TAXES.
The amount of taxes assessed on the Real and Personal
Estates in the City of Roxbury, 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 . . 5,502.00
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
96 TAXES
1849.
Valuation of Real and Personal Estates, $13,476,600.00
At $6.20 per $1,000, is .... $83,554.92
No. of Polls 3,982, at $1.50 each, is . 5,973.00
Total Tax for 1849, . . . $89,527.92
1850,
Valuation of Real Estate, •. . . $9,560,800.00
Valuation of Personal Estate, . . . 4,152.000.00
$13,712,800.00
At $6.20 per $1,000, is . . . , $85,019.36
No. of Polls 4,125, at $1.50 each, is . 6,187.50
Total Tax for 1850, . . , $91,206.86
1851.*
Valuation of Real Estate, . . . $9,649,600.00
Valuation of Personal Estate, . . . 4,283,600.00
$13,933,200.00
At $6.60 per $1,000, is . . . . $91,959.12
No. of Polls 4,125, at $1.50 each, is . 6,334.50
Total Tax for 1851, . . . $98,293.62
* West Roxbury set off this year. Valuation of whole included.
T A X E
1852
Valuation of Real Estate, . . , $8,786,400.00
Valuation of Personal Estate, . . , 3,148,800.00
$11,935,200.00
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, . . . $110,02926
13
98 TAXES.
1855.
Valuation of Real Estate, . . . $10,714,800.00
Valuation of Personal Estate, . . . 4,862,400.00
$15,577,200.00
At $7.80 per $1,000, is .... $121,502,16
No. of Polls 3,804, at $1.50 each, is . 5,706.00
Total Tax for 1855, . . . $127,208.16
VALUATION OP ESTATES, ETC.
99
VALUATION OF ESTATES, AND NUMBER OF POLLS IN
ROXBURY, FROM 1836 TO 1856.
1836
$5,582,400
1,833
1837
5,875,000
2,114
1838
• 5,979,900
2,04?
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
1847
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
1855
'. 15,777,200
3,804
POPULATION OF ROXBURY AT DIFFERENT PERIODS.
1765
1,487
1790
, ,
2,226
1800
,
2,765
1810
, ,
3,669
1820
.
4,135
1830
t
5,247
1840
.
9,089
1850f
,
18,316
1855
18,532
• West Roxbury set off, 1851
t Inclu
ling W
sat Roxbury.
100 AMOUNT PAID FOR SCHOOLS, flTC*
amount paid for schools, including the building
and repair op school houses.
Teachers' Pay, Fuel,
Year.
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
3j660.55
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
57,0s7.61
1855
32,616.68
6^239.07
38,855,75
AMOUNT PAID FOR REPAIR OF HIGHWAYS.
1846
» • •
$7,750.83
1847
■
9,853.38
1848
■ • •
10,029.93
1849
. #
12,015.06
1850
« O 1
12.129.46
1851
• • 1
9,698.58
1852
» • 1
19,364.30
1853
« • 1
15,537.45
1854
.
18,608.96
1855
• . 1
29,080.96
PAID FOR SUPPORT OF P R , fc T C
101
AMOUNT PAID FOR SUPPORT OF POOR.—
NET COST.
Average
Whole No
Year. No. Iumates.
admitted
Net Cost.
1846 ; . 120
410
$§,586.15
1847
187
762
9.751.95
1848
242
710
6-152.40
1849
216
627
9.207.40
1850
240
628
8.229.08
1851
227
630
Si478.96
1852
185
507
6,737.49
1853
155
356
7,227.14
1854
52
292
7,776.21
1855
25
90
4*543.92
Note. — The amount given as the net cost of the respective years, is
not strictly correct in every instance, as the accounts against the Com-
monwealth 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
8,725.29
1848
1,993.81
5,493.06
7,468.87
1849
1,271.47
5,869.14
7,140.61
1850
912.44
5,407.76
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
1855
'. 1,593,49
10,655.08
12,248.57
102
PAID FOR POLICE AND WATCH AND LAMPS.
AMOUNT PAID FOR POLICE AND WATCH.
1846
1847
1848
1849
1850
1851
1852
1853
1854
1855
$2,363.96
3,965.65
4,408.41
5,004.08
4,075.89
3,427.27
4,271.30
4,419.75
5,370.68
7,817.60
AMOUNT PAID FOR LAMPS.
1846
1847
1848
1849
1850
1851
1852
1853
1854
1855
$849.06
935.94
899.01
1,094.75
1,221.18
1,362.63
2,431.47
3,243.14
2,592.75
11,469.66
Itames of Pemkrs of % <fitg <§ofantment
SINCE THE ADOPTION OF THE CITY CHAETER.
MAYORS.
John Jones Clarke, 1846.
Henry Alexander Scammel Dearborn, 1847, 48, 49, 50, 51.*
Samuel Walker, 1852, 53.
Linus Bacon Coming, 1854.
James Ritchie, 1855.
John Sherburne Sleeper, 1856.
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 Kingsbury, 1847, 48, 49, 50.
Calvin Young, 1847, 48, 49, 50, 51.
Nelson Curtis, 1847, 49, 50, 52, 53, 54, 56.
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.
Hiram Hall, 1851.
Theodore Dunn, 1851.
George Brown, 1851.
Abraham Gearfield Parker, 1852, 53.
B 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.
104 MEMBERS OF THE CITY GOVERNMENT.
Alvah Kittredge, 1852, 53.
Horace Williams, 1852, 53.
James Guild, 1852.
John Hunt, 1852.
John Sherburne Sleeper, 1853,
Charles Hickling, 1853, 54.
Joseph Nathaniel Brewer, 1854.
George Jefferds Lord, 1854.
Robert Wilkins Ames, 1854.
Calvin Barstow Faunce, 1854, 55.
Benjamin Perkins, 1854.
Charles Bunker, 1855.
Samuel Sinclair Chase, 1855.
Joseph Houghton, 1855.
Asa Wyman, 1855.
Moses Howe Webber, 1855.
Francis Gardner, 1855.
William. Davis Adams, 1855,
Benjamin Thompson, 1856.
Charles Edward Grant, 1856.
Joseph Gendell Torrey, 1856.
George Smith Griggs, 1856.
Nahum Ward, 1856.
Jonathan Pratt Robinson, 1856.
Charles Carter Nichols, 1856.
PRESIDENTS OF THE COMMON COUNCIL.
Francis George Shaw, 1846.
Linus Bacon Oomins, 1847, 48.
William Augustus Crafts, 1849, 50, 51.
William Gaston, 1852, 53.
James Monroe Keith, 1854.
William Ellison, 1855.
John Wilder May. 1856.
COMMON COUNCIL.
Ward 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.*
John Parker, 1850, 51, 52.
Daniel Putnam Upton, 1851, 52, 53.
Reuben Winslow, 1851.
* Resigned, and John Packer was fleeted to fill the vacancy.
MEMBERS OF THE CITY GOVERNMENT. 105
John Reed Howard, 1851.*
George Jeffords Lord, 1852, 53.
Franklin Williams, 1853, 54, 55, 56.
Joseph Houghton Chadwick, 1853, 54.
Joseph Gendell Torrey, 1854.
Thomas Farmer, 1854.
William Morse, 1855, 56.
George Harris Pike, 1855, 56.
Asa Wyman, Jr., 1855.
Samuel Pearson, Jr., 1856.
Ward 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 Colburn, 1853, 54, 56.
Henry Basford, 1854.
John Morrill Marston, 1855.
Alvin Mason Robbins, 1855.
William Hyde Palmer, 1855.
Benjamin Simons Noyes, 1855.
Timothy Ricker Nute, 1856.
William Parker Fowle, 1856.
Thomas Langdon Dodge Perkins, 1856.
Ward 3.
William James Reynolds, 1846, 47, 48, 49, 50.
William Greene Eaton, 1846, 47, 48.
John LansdorffDeWolf, 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.
Resigned, and John Parker was elected to fill the vacancy.
14
106 MEMBERS OF THE CITY GOVERNMENT.
Robert Simpson, 1855.
Robert Webb Molineux, 1855.
William Ricker Huston, 1855.
Joseph Henry Swain, 1855.
John Wilder May, 1856.
John Emory Gowen, 1856.
William Francis Dunning, 1856.
Samuel Little, 1856.
Ward 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, 56.
William Ellison, 1855.
Clark Ide Gorham, 1855.
Ebenezer Waters Bumstead, 1855, 56.
Daniel Wingate Glidden, 1856.
Alonzo William Folsom, 1856.
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 Davis Williams, Jr., 1849, 50, 51.
Hiram Hall, 1850.
Robert Whipple Parker, 1850.
Horace Williams, 1851.
Charles Hickling, 1852.
William Sherman Leland, 1852, 53.
William Davis Adams, 1852, 53, 54.
Isaac Sanderson Burrell, 1852, 53.
William Bird May, 1853, 54.
Walden Porter, 1854.
James Monroe Keith, 1854.
Henry Pinkham Shed, 1855.
Joseph Willett Robbins, 1855.
John Wesley Wolcott, 1855,
MEMBERS OP THE CITY GOVERNMENT. 10*1
James William Cushing, 1855, 56.
Robert Cofield Nichols, 1856.
John Thomas Ellis, 1856.
William King Lewis, 1856.
Ward 6.*
George James, 1846, 47.
Joseph Richards Weld, 1846.
Calvin Young, 1846.
Franklin Fearing, 1847, 48.
George Henry Williams, 1847.
Atkins Augustus Clark, 1848, 49.
Enoch Nute, 1848.
John Flavel Jenkins Mayo, 1849, 50.
Jonas Barnard, 1849, 50.
Hosea Ballou Stiles, 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.
Ward 8.
Francis George 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.
* Wards G, 7 and 8, with parts of Wards 4 and 5, were set off and incorporated, by
Act of the Legislature, May 24, 1851, into the Towu of West Roxbury.
INDEX.
[The references to the Ordinances are to the number of the Ordinance, which may be
found in full in Register of last year.]
ACCOUNTS, joint standing committee on, 79.
committee of aldermen on accounts, 81.
ALDERMEN, board of, to consist of eight persons, 3, 22.
majority to constitute a quorum, 3.
with common council to compose citv council, 3.
election of, 5, 19, 22.
term of office, 5, 19, 22.
may issue warrants for elections to fill vacances 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, 10.
names of aldermen, 77.
ALMSHOUSE, joint committee on, 80.
superintendent and physician of, 82.
AMENDMENTS TO CITY CHARTER, 19. 22.
ASSESSORS, how elected, 9.
compensation, 8, 82.
duties of, 11.
names of, 82.
ASSISTANT ASSESSORS, how elected, 10, 19.
duties of, 11.
names and compensation, 82.
BALUSTRADES ON BUILDINGS, rules concerning the erection of, 33.
BARK, measurement of, 12.
measurers of, 87.
BOWLING ALLEYS, regulations relative to, 39.
BURIAL GROUNDS, (see cemetery,) regulations concerning the use
of, Ords. 12, 26, 32.
not to be enlarged or established without permission of city
council, Ord. 26.
ioint committee on, 80,
CEMETERY, rural, (Forest Hills,) legislative act concerning, 26, 28.
powers and duties of commissioners, 26, 27, 28.
funds of, to be kept separate from other city funds, 27.
commissioners to make annual report, 27.
INDEX. 109
CEMETERY, commissioners may receive and hold property for the
improvement of, 28.
ordinance establishing its name to be Forest Hills, Ord. 24.
form of deeds for conveyance of lots, Ord. 29.
names of commissioners, SO.
CHIEF ENGINEER, see Fire Department.
CITY CHARTER, passage of act granting, 3.
repeal of all acts inconsistent with, 17.
legislature may alter or amend, 17.
adoption of, by citizens of Roxbury, 18.
amendments to, 19, 22.
CTTY COUNCIL, to consist of mayor, aldermen and common council, 3.
shall elect city treasurer, chief engineer, collector, clerk and
assessors, 9.
shall require bonds from persons entrusted with the public
monej-s, 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, 10.
may lay out streets, 10.
shall have powers of board of health, 11.
may cause the construction of drains and common sewers, 12.
may make by-laws respecting lumber, wood, coal and bark, 12.
shall determine annually the number of representatives to Gene-
ral Court, 13.
shall have power to make by-laws and annex penalties, 16, 25.
shall elect commissioners of rural cemetery, 26.
may elect clerk of police court, 47.
shall elect city solicitor, Ord. 43.
shall elect city physician, Ord. 48.
list of joint standing committees, 79.
names of members of city council, 77.
CITY OF ROXBURY, organization of government, 15, 16.
division into wards, 4, 22.
government of, 77.
CITY SEAL, Ord. 18.
CLERK OF BOARD OF ALDERMEN, see Clerk of City.
CLERK OF CITY, shall administer oath of office to mayor, 7.
election of, 9.
compensation fixed by city council, 9.
shall also be clerk of board of aldermen, 10.
term of office and liability to removal, 10.
general duties of, 10.
name and salary of, 78.
CLERK OF COMMON COUNCIL, election of, 7.
name and salary, 78.
CLERKS OF ENGINE COMPANIES, see Fire Department.
CLERK OF ENGINEERS, see Fire Department.
CLERK OF POLICE COURT, may be elected by city council, 47.
shall give bonds, 47.
duties of, and compensation, 47.
110 INDEX.
CLERK OF WARD, election of, 4.
term of office, 4, 19.
general duties of, 4, 14.
names of, 91.
COAL, sale and measurement of, 12.
COLLECTOR OF TAXES, see Treasurer.
COMMISSIONER OF STREETS, how appointed, Ord. 40.
duties of, same.
name and salary, 82.
COMMON COUNCIL, with aldermen to compose city council, 3.
number of councilmen, 3, 23.
majority constitute a quorum, 3.
term of office, 5, 19, 23.
election of, 5, 19, 23.
how to be sworn, 7.
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, 77, 78.
CONSTABLES, appointed by mayor and aldermen, 8.
names of, 85.
CORONERS, 85.
COMMITTEES, STANDING, of city council, 79, 80.
of aldermen, 81.
of common council, 81.
COUNTY COMMISSIONERS, to set bounds at road angles, 32.
appeals may be made to for damages, from decision of mayor
and aldermen, 11.
may regulate railroad crossings, 36, 37.
COURT, see Police Court.
CRIER, act establishing office of, Ord. 37.
DEEDS, to be executed by mayor, Ord. 20.
DOGS, not to go at large unless licensed, Ord. 16.
troublesome and mischievous to be removed or destroyed, Ord. 16.
DRAINS, may be built by order of city council, 12.
ELECTIONS, of ward officers, 4.
of mayor, aldermen and common councilmen, 5, 19, 22.
in case of no election of mayor, 7.
of aldermen, 6.
of common councilmen, 7.
of city treasurer and collector, city clerk, assessors, and other
subordinate officers, 9, 94.
of engineers, 9, 94, Ord. 34.
of foremen, Ord. 34.
of overseers of poor, 10, 19, 94.
of school committee, 10, 19, '94.
of county, State, and United States officers, 13.
of commissioners of rural cemetery, 26, 94.
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, tyth-
ingmen, sealers of leather, and hogreeves, Ord. 3, 94.
INDEX. Ill
ELECTION of city messenger, Ord. 5, 94.
ENGINEERS, see Fire Department.
ENGINEMEN, see Fire Department.
ENROLMENT, committee of aldermen on, 81.
committee of common council on, 81.
FENCE VIEWERS, Ord. 3, 87, 94.
FIELD DRIVERS, Ord. 3, 87, 94.
FINES, see Penalties.
FINANCE, joint committee on, 79.
FIRE DEPARTMENT, ordinance concerning, No. 34.
election of chief engineer, 9.
duties of chief engineer.
election of assistant engineers.
organization of engineers.
authority and duty of engineers.
election of foremen, assistant foremen, and clerk.
hosemen.
appropriations for, to be expended under direction of committee
of city council.
only citizens of United States to be members of.
terms of service of members.
members not to unnecessarily assemble in engine houses.
joint committee of city council on, 80.
names of officers and engines, 83.
pay of members of department, 84.
amount paid annually for support of department, 101.
FOREST HILLS, see Cemetery.
FUEL, joint committee on, 80.
GATES, not to swing into streets, Ord. 23.
GOVERNMENT OF CITY, members of, 77, 103.
GUNPOWDER, acts to regulate transportation and storage of, 30, 48.
licenses for its sale, 30.
forfeiture of, when unlawfully kept, 31, 48.
mayor and aldermen may make rules concerning the transporta-
tion and sale, 30.
HAY, weighers of, Ord. 3, 87.
HEALTH, powers of board of health vested in city council, 11.
mayor and aldermen shall perform duties of board of health,
Ord. 36.
concerning removal of nuisances or causes of sickness, 34, Ord. 14.
relating to chemical laboratories and lead manufactories, Ord. 7.
consulting physicians may be appointed, Ord. 14.
tenements to have suitable vaults and drains, Ords. 14 and 36.
mayor and aldermen may prohibit keeping of swine and goats,
Ord. 14.
city marshal, or person authorized by mayor, may examine build-
ings, for the purpose of investigating or removing nui-
sances, Ord. 14.
relative to the use of burial grounds and burial of the dead,
Ord. 12, 26, 32.
officer of health department, 86.
HOGREEVES, Ord. 3, 87.
112 INDEX.
HOSEMEN, see Fire Department.
INNHOLDERS, mayor and aldermen may license, 9.
INSPECTORS OF ELECTIONS, election and duties of, 4, 5.
INSTRUCTION, public, joint committee on, 79.
JURORS, preparation of lists by mayor and aldermen, and drawing of
jurors, 19, 20.
JUSTICE, see Police Court.
LAMPS, expenditures for, Ord. 44, 103.
duties of joint committee on, Ord. 44.
names of members of joint committee, 80.
annual expenditure for lamps, 102.
LICENSES, committee of aldermen on, 81.
LICENSED HOUSES, mayor and aldermen may license innholders,
victuallers and retailers, 9.
LUMBER, city council may make by-laws for sale and measurement
of," 12.
surveyors of, Ord. 3, 87.
MARSHAL, CITY, to be appointed or removed by mayor and alder-
men, 8.
when appointed, — shall give bonds, — authority and duties of, —
compensation of, — name and salary of, see Ord. 45.
MAYOR, with aldermen and common council to have government of
city, 3.
election of, 5, 19.
term of office, 5, 19, 20.
shall administer oath to members of city council, 7.
his duty to enforce laws, 8.
in case of no election of mayor, 7.
power to remove subordinate officers for neglect of duty, 8.
may call special meetings of city council, 8.
shall preside at meetings of board of aldermen, and in conven-
tion of city council, 8.
salary of, 8, 77.
shall have power of nomination in appointments, subject to con-
firmation of aldermen, 10.
shall be one of overseers of poor, 10.
shall execute and affix city seal to deeds, Ord. 20.
MAYOR AND ALDERMEN, with common council, to have the gov-
ernment of the city, 3.
may issue warrants for public meetings for municipal purposes, 5.
duties of, in case of no election of mayor, 6.
executive power and administration of police vested in them, 8.
may appoint and remove police officers, 8, 38.
may license innholders, victuallers and retailers, 9.
sittings of, to be public, 9.
shall prepare lists of voters previous to elections, 14.
shall warn public meetings on requisition of fifty voters, 14.
shall prepare lists of jurors, 19, 20.
may grant licenses for sale of gunpowder, and make rules for
its storage and transportation, 30, 31.
may oblige owners of private streets to grade them properly, 39.
may construct sidewalks, the abutters to pay for the materials,
43, 44.
INDEX. 113
MAYOR AND ALDERMEN shall appoint city marshal, Ord. 45.
shall appoint watchmen, Ords. 11, 31.
shall appoint undertakers, Ord. 12.
may grant licenses for building and for obstructing streets,
Ord. 13.
may appoint consulting physicians, and take measures for pre-
servation of public health, Ords. 14, 36.
may license city criers, Ord. 37.
MEASURERS OP WOOD AND BARK, Ord. 3, 87.
MEETINGS, PUBLIC, may be held for certain purposes, 14, 15.
shall be duly warned by mayor on requisition of fifty voters, 15.
MESSENGER, CITY, election and duties, Ord. 5.
name and salary, 78.
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.
OFFICERS OF CITY, names of, 77, 103.
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, 55.
method of promulgation, Ord. 15.
enacting style of, Ord. 19.
OVERSEERS OF POOR, election of, 11, 19.
names of, 82.
PENALTIES, how to be recovered, 12.
power of city council to make them, 16.
PHYSICIAN, election and duties of, Ord. 48.
name and salary of, 86i
POLICE COURT, act establishing, 44.
extent of jurisdiction, and power of appeal, 44, 45.
salary of standing justice, 45, 84.
court to be held daily, 45.
justice to keep fair record of proceedings, 46.
justice to account for fines, forfeitures, fees and charges, 46.
special justices of court, 46, 84.
clerk of court may be elected by city council, 47.
duties and compensation of clerk, 47.
POLICE DEPARTMENT, (see Police Court,) administration of, in
mayor and aldermen, 8.
police officers appointed and removed by mayor and aldermen, 8,
38.
members of department, 84, 85.
amount annually paid for support of department, 102.
POLLS, number of, 99.
POOR, amount paid for support of, 101.
joint committee on poor and almshouse, 80.
POPULATION of city, 99.
POUND KEEPER, Ord. 3, 87.
PUBLIC PROPERTY, names of committee on, 79.
15
114 INDEX.
PUBLIC PROPERTY, joint committee on, shall consult school com-
mittee respecting the erection or enlargement of school
houses ; shall furnish and cause necessary repairs to school
houses, Ord. 22.
QUORUM, majority of either branch of city government shall consti-
tute, 3.
RAILROADS must provide gates at crossings, if deemed necessary by
county commissioners, 36.
REPRESENTATIVES to Legislature, number determined in convention
of city council, 13.
method of election, 13, 14.
ROADS, see Streets.
ROXBURY, see City of Roxbury.
RULES AND ORDERS (see index of, p. 116) of board of aldermen, 61.
of common council, 63.
of city council, 70.
SCHOOL COMMITTEE, election of, 10, 19.
how vacancy in, shall be filled, 10, 19.
shall have care and superintendence of schools, 10.
shall have charge of appropriations for salaries of teachers,
Ord. 22.
shall repair schools, and provide furniture, &c. to the extent of
.fifty dollars, Ord. 22.
names of, 87.
SCHOOLS, shall be under superintendence of school committee, 10.
city authorized to provide against truant children and absentees,
37.
powers of school committee and committee on public property,
in relation to, Ord. 22.
names of schools and teachers, 88, 89, 90.
amount annually paid for support of, in past years, 100.
SEAL OF CITY, Ord. 18.
SEALERS of leather, Ord. 3, 87.
of weights and measures, 87.
SEWERS may be constructed by order of city council, 12.
SOLICITOR, CITY, office of, established, Ord. 43.
election and duties of, Ord. 43.
compensation of, determined by city council, Ord. 43.
name and salary of, 85.
STREETS, may be laid out by city council, 11.
in relation to the recovery of damages caused by laying out or
altering streets, 11, 12, 29, 30, 35.
county commissioners shall provide permanent bounds for town
and county roads, 32.
act for the regulation of railroad crossings, 36.
mayor and aldermen may oblige owners of private ways to keep
them properly graded, 39, 40.
no street shall be opened of less width than thirty feet, 40.
no street shall be accepted of less width than fifty feet, Ord. 41.
surveyors of highways, how elected, Ord. 3 ; names of, 82.
no obstructions to be placed in streets without license, Ord. 13.
cellar ways to be properly guarded ; regulations concerning car-
riages and horses ; games of chance prohibited in, Ord. 17.
INDEX. 115
STREETS, discharge of firearms and other explosive materials forbidden ;
orderly behavior required of passengers ; no horses, cattle,
swine, &c. to go atdarge in ; blasting rocks prohibited with-
in fifty rods of highway ; separate record of streets and
highways to be kept by city clerk, Ord. 17-
no gates to swing into street, Ord. 23.
appointment and duties of commissioner of streets, Ord. 40.
ordinance relative to the acceptance of streets, Ords. 41, 46.
members of joint committee on highways, bridges, sidewalks, 79.
members of committee of aldermen on laying out and widening
streets, 81.
amount paid annually in past years for repairs of, 100.
SURVEYORS of highways, election of, Ord. 3 ; names of, 82.
of lumber, Ord. 3 ; names of, 82.
SWIMMING, when exposed to view, forbidden, Ord. 13.
TAXES, assessment and apportionment of, 11,
annual amount of, in past years, 95, 96, 97, 98.
TREASURER AND COLLECTOR, election of, 9.
compensation fixed by city council, 9.
shall collect and receive city accounts, rents, &c, Ord. 6.
shall give bonds, 11.
name and salary of, 81.
TREASURY, no money to be paid out of, unless on order of the mayor,
Ord. 6.
TRUANT CHILDREN, power of city to take action concerning them, 37.
may be punished by fine or committed to almshouse, Ord. 38.
TYTHINGMEN, election of, Ord. 3 ; names of, 87.
UNDERTAKER, appointed by mayor and aldermen, Ord. 12.
duties of, and compensation, Ords. 12, 27.
name of, 86.
VALUATION OF ESTATES, 99.
VAULTS, regulations concerning the emptying of, Ord. 39.
VICTUALERS, mayor and aldermen may license, 9.
VOTERS, see Elections.
"WARDS, division of the city into, 4, 22 ; description of wards, 92.
may be altered, if necessary, once in five years, 22.
names of officers of, 99.
WARDEN, 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 elections, 5,
WARD MEETINGS, how conducted, 4.
issue of warrants for, 5.
WARD ROOMS, 93.
WARRANTS for public meetings, form of; service and return of,
Ord. 2.
WATCHMEN shall be appointed by mayor and aldermen, Ord. 11, 31.
compensation fixed by mayor and aldermen, Ord. 11.
names and salaries of, 85.
WEIGHERS OF HAY, election of, Ord. 3 ; names, 87.
WOOD AND BARK, sale and measurement of, 11, Ord. 28.
measurers of, 87.
116
INDEX.
INDEX OF RULES AND ORDERS.
BOARD OF ALDERMEN.
Committees, appointed or elected, 62.
standing committees, 62.
Order of business, 61.
Ordinances, passage of, 61.
rejection, 62.
Suspension of rules, 62.
COMMON COUNCIL.
Committees, appointed or elected, 65.
standing committees, 67.
standing committees shall keep re-
cords of their proceedings, 69.
organization of committees, 68.
special committees to consist of three
members unless otherwise ordered,
68,
duty of committees to report within
four weeks, 69.
committee of whole, 68.
Communications, reception of, 67.
Division of question may be called, 67.
Elections by ballot, 69.
Members, rights and duties of, 65, 66, 67.
conduct of, 65.
limit to speaking on one question, 66.
obliged to vote unless specially ex-
cused, 67.
not obliged to act on more than three
standing committees, 67.
Motions in order, 64.
shall be reduced to writing if desir-
ed, 66.
Orders, passage of, 68.
Ordinances, passage of, 68.
President, rights and duties of, 63, 64» 65.
President, proceedings in absence of, 63.
Previous question, 64.
Questions, taking of, 64.
Reconsideration of vote, 66.
Resolutions, passage of, 68.
Seats of members, 68.
Suspension of rules, 67.
Votes, declaration of, 63.
Yeas and nays, may be called at request of
three-fourths members present, 64.
CITY COUNCIL.
Committees, joint standing, 70.
members of, chosen by
respective boards, 71.
chairmen of, 71.
in relation to calling
meetings of, 71.
shall report within four
weeks, 74.
committees of conference, 72.
proceedings in case of
non-concurrence of, 72.
regulations respecting action of com-
mittees, 72.
Debt, created by what vote, 74.
Messages between boards, 74.
Orders and resolutions, passage of in either
board, 73.
Ordinances, enacting style of, 72.
titles of, to be prefixed, 73.
passage of, 74.
Transmission of papers from board to board,
73.
Votes, form of, 72.
reconsideration of, 74.
PUBLIC LIBRARY
OK TTIE
CITY OF BOSTON.
ABBREVIATED REGULATIONS.
One volume can be taken at a time from the
Lower Hall, and one from the Bates Hall.
Books can be kept out 14 days.
A line of 2 cents for each volume will be
incurred for each day a book is detained more
than 14 days.
Any book detained more than a week be-
yondthe time limited, will be sent for at the
expense of the delinquent.
No book is to be lent out of the household
of the borrower.
The Library hours for the delivery and re-
turn of books are from 10 o'clock, A. M., to
*8 o'clock, P. M., in the Lower Hall ; and from
10 o'clock, A. M., until one half hour before
sunset iu the Bates Hall.
Every book must, under penalty of one dol-
lar, be returned to the Library at such time
in August as shall be publicly announced.
The card must be presented whenever a
book is returned. For renewing a book the
card must be presented, together with the
book, or with the shelf-numbers of the book.
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