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














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City Document. — No. 10. 



THE 



CONTAINING THE 

CITY CHARTER, 

WITH 

RULES AND ORDEHS 

OF THE 



THE ORDINANCES, 

AND A 

LIST OF THE OFFICERS 

OP THE 



^i0itiir|, 



ROXBUEY : 

NORFOLK COUNTY JOURNAL PRESS. 

1857. 



Digitized by the Internet Archive 

in 2010 with funding from 

Boston Public Library 



http://www.archive.org/details/citydocuments5710roxb 



CITY CHARTER. 



COMMONWEALTH OF MASSACHUSETTS. 



In the Year One Thousand Eight Hundred and Forty-Six. 



AN ACT to Establisli the City of Eoxbury. 

Be it enacted hy the Senate and House of Repre- 
sentatives in General Court assembled, and hy 
the authority of the same, as follows : 

Sect. 1. The inhabitants of the town of Eox- Roxbuyyto 

be a city. 

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 i'fcfenr.en 
principal ofiScer, to be styled the Mayor 5 one ^^o^^coTn- 
council of eight, to be called the board of alder- en. 
men ; and one council of twenty-four, to be called 
the common council ; which boards, in their joint 
capacity, shall be demominated 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. 

stitiitc a quorum, for doing business, and no mem- 
IhiTour ^^^^ ^^ cither board shall receive any compensation 
ray. for his services. 

Sect. 3. It shall be the duty of the selectmen 

of the town of Rosbury, as soon as may be, after 

the passage of this act, and its acceptance by the 

inliabitants, as hereinafter provided, to divide said 

soicctmcn towu iuto eight wards, as follows, to wit :^rs^, by 

tho Town drawing a line between the second and third par- 

mto Wards, jgj^^gg^ ^g j^gr^j. ii^Q qI^ 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 sliall be the duty of the city council, 

iivo'yeIr7 ouco lu fivc ycars, to revise, and, if it be needful, 

comicii. ^'^ alter said wards in such manner as to preserve 

as nearly as may be, an equal number of voters in 

each ward; provided, hoiuever, 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- 

rmd uutie3 *' ' 

of Warden nuallv, tliorc sliall be chosen by ballot, in each of 

and Clerk • . 

and inspc'c- Said wards, a warden, clerk, and three inspectors 
EiecMons. of clcctions, 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 



C I T Y C H A R T E R . - 6 

pro tempore shall be chosen hj ballot. The clerk 
shall record all the proceedings and certify, tlie 
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 v/ar- 
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 v/anants 

for Wnrd 

municipal purposes, to be held either in wards or and city 
in general meeting, shall be issued 'by the mayor ™°°^"'^'^ 
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 
elected by the qualified voters of the city, at large, and city 
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 fi.rst Monday in April : 
and the mayor, until another shall be elected and 
qualified in his place. 

Sect. 6. On the second Monday in March, Proceedings 

n • T J -I n T T n n ^^ Ward 

annually, immediately alter a warden, clerk, and meetings. 
inspectors 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. 



6 CITY CHARTER. 

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 clcrk of the ward, within twenty-four hours 
or Election, r^f^cr sucli clcction, 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 tliat 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 BTippiy In case of the decease, resignation or absence 
ti'ie'office of of the mayor, or his inability to perform the duties 
Mayor ^^ j^-g QfJ^gg^ j^ ^7)^ 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 Alder- 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. 
oaui?'^ ° The oath prescribed by this act shall be admin- 



CITYCHARTER. 7 

istcrcd to the mayor by the city clerk, or any jus- 
tice of the peace for the county of Norfolk. 

The aldermen and common comicilmen 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 Notice to 
has been elected previously to the said first Mon- whllTSo"'' 
day in April, the mayor and aldermen for the time ^iToggn,^^ 
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- organiza- 
said, the two boards shall separate ; and the com- common 
mon council shall be organized by the choice of a ^°""°'^- 
president and a clerk, to hold their office during 
the pleasure of the common council, and to be 
sworn to the faithful performance of their duties. 

In case of the absence of the mayor elect, on in absence 
the first Monday in April, the city government atS°'' 
shall organize itself in the manner hereinbefore mcoung. 
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- Mayor 
men may choose a chairman pro teTrhpore, who shall ^'° 
preside at joint meetings of the two boards. 

Each board shall keep a record of its own pro- Bach Board 
ccedings, and judge of the elections of its own Elections 
members; and in failure of election, or in cases of mem\)er™ 
vacancy, may order new elections. And in case ^°- 
of any such vacancy declared by either board, the 
mayor and aldermen shall order a new election. 



CITY CHARTER 



Duties of 
Mayor. 



Compen- 
sation. 



May be 
.Tppointcd 
Commis- 
Bioner of 
Highways. 



Executive 
power in the 
Mayor and 
Aldermen. 



Police 
Office. 



ConstnbleB' 
bonds. 



Sect. 7. Tlio 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 Roxbury, 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 



CITYCHARTER. ^ 

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 the Licenses, 
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 Jg'J.j'!^^P°'''' 
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- l]^l\^i^ 
lie, and all sittings of the mayor and aldermen 
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 j 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. 
2 



10 CITY CHARTER. 

nomi'nate. 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 
Mombers of aldcrmcn : provided, hoioever, that no person shall 
nit^'c^rgibk'^ ^^ eligible to any office of emolument, the salary 
emoKiment. ^^ which 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. 
DuticBof Sect. 10. The city clerk shall also be clerk of 
' ^ ^^ ' the 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. 
overseera Sect. 11. The qualified voters of each ward, 
of the Poor. ^^ 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. -^^ ^^^ same manner, elect three persons from 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. 
ABBistant The qualified voters shall, at tlie 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 AsseBsors. 
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- conncii 
lected in the manner prescribed by law relative to mrthM^p?o- 
town taxes : provided, however, that it shall be coTiectfon 
lawful for the city council to establish further and »' ^^^eB. 
additional provision for the collection thereof. 

Should there fail to be a choice of overseers of vacancies, 
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 Appeal to 
make complaint to the county commissioners of com°mIs- 
the county of Norfolk, at any meeting held within ^''*°^"- 
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 



CITY CHARTER. 



Common 
Sewers. 



Inspection 
of Lumber, 



Prosecu- 
tions for 
breach of 
City Laws, 
&c. 



be transferred to, and invested in the city council, 
to be carried into execution in such manner as the 
city council shall deem expedient. 

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. 

And the city council may make by-laws, with 
suitable penalties, for the inspection, survey, meas- 
urement and sale of lumber, wood, coal, and bark, 
brought into the city for sale. 

Sect. 15. All fines, forfeitures, and penalties 
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 Roxliury, 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- Represent- 
cil annually, in the month of October, to meet in *"^^^- 
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 county? °' 
qualified to vote in such elections, in their respec- red'erai"* 
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, qyg^ijggjj -j^q yote, 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 be 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- 'th^e city*^ 
ting the same into operation in the first instance, nienu^" 
the selectmen of the town of Roxbury for the time 
being, shall, on some day during the months of 
March and April of the present year, issue their 
warrants seven days at least previous to the day 
so appointed for calling meetings of the said 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 CHARTER. 



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. 

Sect. 21. The city council shall have power to 
make all such salutary and needful by-laws, as 
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 forfeit- 
ures for the breach of any by-law, or ordinance, 
shall be paid into the city treasury. 

Sect. 22. The annual town meeting for the 
iDgsu"pTnd- Town of Roxbury, which by law is required to be 
town officers li^ld vo. thc month of March, or April, is hereby 
to hold over, suspcudcd, 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- 



Power of 
the City 
Council to 
mal^e 
By-Lawfl. 



Annual 



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 Roxbiiry, reiivery,&c. 
having the care and custody of any records, pa- to c?°y'^'^^ 
pers or property belonging to said town, shall ^'^''''• 
deliver 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 

' , \ n -i • inconBiBtent 

are inconsistent with the provisions of this act, provisions. 
shall be, and the same are hereby repealed. 

Sect. 25. Nothing in this act contained shall li;^^ aue"/^ 
be so construed as to prevent the Legislature from an<i amend 
altering or amending the same, whenever they shall 
deem it expedient. 

Sect. 26. This act shall be void, unless the ^o^iVnn^iIss 
inhabitants of the Town of Roxbury, at a legal accepted 
town meeting called for that purpose, shall by a inhabitants. 
vote of a majority of the voters present, and 
voting thereon, by a written ballot, determine to 
adopt the same within twenty days from and after 
its passage. 

Sect. 27. This act shall go into operation from ^^e^^effeot 
and after its passage. 

[Passed March 12, 1846.] 



18 ACCEPTANCE OF THE CHAKTER. 



EXTRACT FROM THE RECORDS OF THE TOWN OF 
ROXBURY. 

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. 

Akt. 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, Tmvn 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 Representatives 
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 AAIENDMENT. 21 



ACCEPTANCE OF THE AMENDMENT. 

In Boaed 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. 

T»* TTT A T^rk ' i 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, Citi/ Clerk. 



AMENDMENT. 



COMMONWEA H F MASSACHUSETTS. 



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



AN ACT in further addition to an Act to establish the 
City of Eoxbury. 

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 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 Eoxbury," is hereby so 
far amended, that from and after the election of the five 
additional Common Councilmen for the current municipal 
year, whose election is hereinafter provided for, the Coun- 
cil 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. 2^ 

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 ighall be residents of the wards in which 
they are elected ; all of said officers shall be chosen by 
ballot, and shall enter upon the duties of their respective 
offices as soon as may be after their election, and shall hold 
their respective offices until the first Monday of January 
next ; and ifi case of failure of election, 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 
written vote, adopt the same. 

Sect. 6. All acts, or parts of acts, inconsistent here- 
with, are hereby repealed. 

Sect. 7. This act shall take efiect from and after its 
passage. 

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



24 ACCEPTANCE OF THE AMENDMENT 



ACCEPTANCE OF THE AMENDMENT. 

EXTKACT FROM THE RECORDS OF 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. 

Aet. 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 
acceptance or rejection of the act of the Legislature, enti- 
tled " An Act in further 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 
ConcerniEg the Power of Cities. 

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 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 
Commonwealth, is hereby repealed. 

[Approved by the Governor, April 24, 1847.] 
4 



26 S T A T E L A W S . 

AN ACT 

Relating to a Public Cemetery in the City of Roxbury. 

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

Sect. 1. The City Council of Roxbury is hereby author- 
ized to elect, by joint ballot in convention, a board of live 
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 



STATELAWS. 27 

out said Cemetery in suitable lots, or other subdivisions, 
for family or other burial places, with all the necessary 
paths and avenues, and may plant and embellish the same 
with trees, shrubs, flowers, and other rural ornaments, and 
may enclose and divide the same with proper fences, and 
erect or annex thereto such suitable edifices, appendages 
and conveniences, as -they shall from time to time deem 
expedient; and said board may make all necessary by-laws, 
rules and regulations, in the execution of their trust, not 
inconsistent with this act and the laws of the 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 tlie 
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 lloxbury 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 eifect from and after its 
passage. 

[Approved by the Governor, March 24, 1848.] 
[Accepted by the City Council.] 



28 STATELAWS 



AN ACT 

In Addition to an Act relatino- to a Public Cemetery in 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 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 



STATELAAVS. 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 hy the Senate and House of Representatives 
in General Court assembled, aiid hy the authority of 
the same, as follows : 

Sect. 1. When any town or private way shall be laid 
out, altered, or widened, by selectmen or county 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 STATELAWS. 

to liave relinquished liis right thereto for the benefit of the 
town, if said way be a town way; and if said way be a pri- 
vate 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 
places of transporting gunpowder in, through, and over 



S T A T E L A W S . 31 

said city, or any part thereof, either 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 Rosbury, 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 herein 
before 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 are 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, for the 
purpose of ascertaining whether or not the provisions of 
this act, and the conditions of such party's license, have 
been duly observed and 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 S T A T E L A W S . 

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 practicable, a heap of stones, a living tree, a permanent 
rock, or the corner of an edifice, may be a substitute for 
said stones. 

[Approved by the 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 
wilfully neglect or refuse to perform any of the duties 
required of him by the fifth chapter of the Revised Stat- 
utes, 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.] 



STATELAWS. - 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 follows : 

The City Council of any city in this Commonwealth 
shall have power, from time to time, to make and adopt 
such rules and regulations for the erection and maintenance 
of 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 in- 
stance ; 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 follows : 

Sect. 1. All the powers vested in, and the duties pre- 
scribed to boards of health of towns, by the general laws, 
shall be vested in, and prescribed to, city councils of cities, 
in case no special provision to the contrary is made to such 
laws themselves, or in the special laws applicable to any 
particular city. 

Sect. 2. The power and duties above named, may be 
exercised and carried into effect by city councils, in any 
5 



■34 STATELAWS. 

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 OAvn 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 
exceeding 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 
removal 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 unoc- 
cupied, 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 or occupant, or such other person, shall have had 
actual notice from the board of health, of the existence of 
said nuisance, source of filth, or cause of sickness. 



STATELAWS, 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 Avhich 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 town 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 ACT 



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- 
contmuing 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 STATELAWS. 

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 hy the Senate and House of Representatives 
in General Court assembled, and hy the authority of 
the same, as follows : 

Sect. 1. The application now required by the eightieth 
section of the thirty-ninth chapter of the Revised Statutes 
to be made by selectmen to county commissioners, in the 
matter of a crossing, by a railroad, of any turnpike, high- 
Avay or town way, may, Avhen said crossing is within the 
hmits of the City of Boston, be made, by any two inhabit- 
ants 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 trav- 
elled 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, as 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 E L A W S . 37 

the same crosses such raikoad, instead of across said rail- 
road. 

8ect. 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 Avherein 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, 
de(n'ees and judgments of county commissioners, in all 
cases touching obstructions, by railroads, in any of said 
ways. 

[Approved by the Governor, May 2, 1849.] 



AN ACT 
Concerning Truant Children, and Absentees from School. 

Be it enacted hy the Senate and House of Representatives 
in General Court assembled, and hy the authority of 
the smne, 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 fifteen years ; and also 
all such ordinances and by-laws, respecting said 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. 



38 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-laAvs, 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 judge 
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 ACT 
Providing for the Appointment of Police Officers. 

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

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 oflicers shall hold their offices during the 
pleasure of the mayor and aldermen, and selectmen, by 
whom they are respectively appointed. 
[Approved May 15, 1851.] 



STATELAWS. 39 

AN ACT 

Relating to the Erection and Use of Buildings for Stables 
and Bowling Alleys. 

Be it enacted by the Se7iate and House of Representatives 
in General Court assembled, and by the authority of 
the same, as folloios : 

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 bowhng 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 ACT 
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 
shall have been accepted and laid out according to law, it 



40 STATELAWS. 

shall be the duty of the owners of the lots abutting there- 
on, to grade such street or Avay at their own expense, in 
such manner as the safety and convenience of the public 
shall, in the opinion of the mayor and aldermen of said 
city, require ; and if the owners of such abutting lots shall, 
after reasonable notice given by the said mayor and 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 Roxbury. 

Sect. 2. No street or w^ay shall hereafter be opened as 
aforesaid in said city, of a less wadth than thirty feet, 
except with the consent of said mayor and aldermen, in 
writing, first had and obtained for that purpose. 

Sect. 3. This act shall take effect in thirty days from 
the passing thereof, unless the city council of said city 
shall within that time vote not to accept the same. 

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



STATELAWS. 41 



AN ACT 

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 be 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 ahoays, 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 STATELAWS. 

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 
recorded. 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 ACT 
Concerning the Election of City, Town, and County 

Officers. 

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. In all elections hereafter holden for the choice 
of town, city, or county officers, by the people, the person 



STATELAWS. 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 ajid House of Representatives 
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 inclo- 
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.] 



A N 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 STATELAWS. 

in any of the streets or portions of streets in said city, 
they arc 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 Roxbury 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 au- 
thorized for the purpose, before any tribunal or court hav- 
ing 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 
To establish a Police Court in the City of Roxbury. 

Be it enacted by the Senate and House of Representatives 
in General Court assembled, and by the authority of 
the same, as 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 misdemeanors 
committed within said city of Roxbury whereof justices of 
the peace now have or may hereafter have jurisdiction ; 
also of all suits and actions whith may now or at any time 
hereafter be heard, tried and determined before any justice 



STATELAWS. 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 tlius 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. 



STATELAWS. 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 Rosbury. 

Sect. 13. The city council of Eoxbury 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 
Regulating the Use of Steam Engines and Furnaces. 

Be it enacted by the Senate and House of Represe7itatives 
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 



STATELAWS. 49 

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 made 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 espense 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 of 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 impannel- 
led within fourteen days from the issuing of said warrant. 

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 
engine or furnace, until the final determination of such 
application by the jury and court to which such verdict 
may be returned. 

Sect. 8. The jury shall find a verdict either affirming 
or annulling the said order in full, or making alterations 
7 



50 STATELAWS. 

tlicrcin, as they may sec 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 tovm ; 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. 10. 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.] 



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 folloivs : 

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.] 



STATELAWS. 51 

AN ACT 

la 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 follows : 

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.] 



AN AC T 
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 employment which 
is a nuisance, or hurtful to the inhabitants or their estates, 
dangerous to the public health, or the exercise of which is 
attended by noisome or injurious odors, or otherwise inju- 
rious 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 em- 
ployment within the limits of the city or town, or in any 
particular locality thereof. 



52 S T A T E L A W S . 

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 ohej such order within twenty-four 
hours after the said service, by such occupant or other 
jDcrson, 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 Eevised 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. 

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 afiirming 
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 sheriif, for accep- 
tance, 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. K 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. 



STATELAWS. 53 

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 CouiH assembled, and by the authority of 
the same, as follotos : 

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. 

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, 
under 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 
immediate entry, without process of law, upon the prem- 
ises, 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 ex- 
tend to all such cases ; and any person appealing from any 
judgment 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 
hundred and forty-eight. 



54 STATELAWS. 

Sect. 4. If any person shall knowingly let any building 
or tenement, owned by liiiii or under Ms 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 sis months. 

[Approved by tho Governor, May 19, 1855.] 



AN ACT 
Concerning Vacancies in School Committees. 

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

Sect. 1. "Whenever vacancies occur in the school com- 
mittee of any town or city in this Commonwealth, or when 
from any cause any member or members of said committee 
are unable to act, the remaining member or members, to- 
gether with the selectmen of said town, or the mayor and 
aldermen of said city, assembled in convention, shall, by 
joint ballot, fill vacancies in said committee ; and the school 
returns, signed by a majority of the committee thus con- 
stituted, shall be equally valid as if signed by a majority 
of the committee originally chosen. 

Sect. 2. The convention provided for in section first 
shall be called by the remaining member or members of 
the said committee. 

Sect. 3. The act, entitled " An Act concerning vacan- 
cies in School Committees," approved May twenty -fourth, 



STATELAWS. 55 

eighteen hundred and fifty-one, and all other acts or parts 
of acts, inconsistent with this act, are hereby repealed. 

Sect. 4. This act shall take effect from and after its 
passage. 

[Approved by the Governor, April 8, 1856.] 



AN ACT 
Concerning the Election of Civil Officers. 

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. In order to determine the result of any elec- 
tion of any civil officer or officers in this Commonwealth, 
the whole number of persons who voted at such election 
shall first be ascertained by counting the whole number of 
separate ballots given in, and the person or persons who 
shall receive the highest number of votes shall be deemed 
and declared to be elected; and in all returns of elections 
the whole number of ballots given shall be distinctly stated, 
but blank pieces of paper shall not be counted as ballots. 

Sect. 2. If at any election where more than one civil 
officer is to be elected to the same office, any two or more 
candidates shall receive an equal number of votes, being a 
plurality, by reason whereof the whole number to be elect- 
ed cannot be completed, the candidates having such equal 
number of votes, shall be deemed not to be elected. 

Sec. 3. All acts or parts of acts, inconsistent herewith 
or with the fourteenth article of the amendments to the 
Constitution of Massachusetts, are hereby repealed. 

[Approved by the Governor, May 5, 1856.] 



CITY ORDINANCES. 



[All the Ordinances were published in the Municipal Register of 1855.] 



[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 tlie City. 



CITY ORDINANCES. 57 



[No. 7.] 

An Ordinance to preserve the Public Health, by regulatmg 
the use of Chemical Laboratories, and the manufacturing 
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.] 

An Ordinance in relation to Burial Grounds and the Inter- 
ment 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. 



58 CITY ORDINANCES. 

[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.] 

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 " xin Ordinance to prevent 
Unlawful and Injurious Practices in the streets and other 
public places of the City. 



CITT ORDINANCES. 59 

[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, regu- 
lating 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." 



60 CITY ORDINANCES, 



[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.] 

;o Truan 
from School. 



An Ordinance in relation to Truant Children, and Absentees 



[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. 



CITY ORDINANCES. 61 

[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.] 

An Ordinance authorizing the appointment and prescrib- 
ing 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. 



Citii of llo^krg. 



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 for 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. 



64 Rules and Orders of the Board of Aldermen. 

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

IV. Standing Committees shall be appointed on the 
Police of the City, on Licenses, on Laying Out and 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. 



UULES AND ORDEES 

Off 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; and if any member 
doubt the vote, the President, without further debate upon 
the question, shall require the members voting 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. 

9 



66 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 Roxhury,for 1857. 67 

lowing form : — " Shall the main question he 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 intel- 
ligible and respectful. 



68 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 reconsider- 
ation 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 bo 
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 Roxhury , for 1857. 69 

Sect. 24. Every member who shall be in the Comicil 
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, COMMFTTEES, REPORTS AND RESOLU- 
TIONS. 

Sect. 30. All memorials and other papers addressed to 
the Council, shall be presented by the President, or by a 
member in his place, who shall explain the subject thereof, 
and they shall lie on the table, to be taken up in the order 
in which they are presented, unless the Council shall other- 
wise direct. And every member presenting a petition, 
remonstrance, order, resolution, or other paper, shall en- 
dorse 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 



70 Rules and Orders of the Common Council, 

Returns, and on Enrolled Ordinances and Resolutions, 
each to consist of three members. 

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

Sect. 83. 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 pro 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- 



In the City of RoxbMTy,for 1857. 71 

dered, shall consist of three members. And no report shall 
be received from any committee, unless agreed to in com- 
mittee assembled. 

Sect. 40. The Clerk shall keep brief minutes of the 
votes and proceedings of the Council, — entering thereon 
all accepted 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 ofl&cers shall be voted for by writ- 
ten ballot. 

Sect. 42. It shall be the duty of all Standing Committees 
of the Council, to keep records of all their doings in books 
provided for that purpose by the Clerk ; and it shall be the 
duty of the Clerk to attend the meetings of said Commit- 
tees, 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 con- 
ducted according to " Cushing'a Manual of Parliamentary 
Practice." 



JOINT EULES AIND ORDEHS 

OF THE 

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 Finarice : — 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. 

A Conwiittee on the Fire Department : — To consist of 



Joint Rules and Orders of the City Council. 73 

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 
Boards, when either Board shall request a conference and 

10 



74 Joint Rules and Orders of the City Council. 

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, tho 
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, — 
"i?e it ordained by the City Council of the City of RoxhuryP 

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 " Oedered ;" 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. 75 

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 of 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. 



76 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. 1 8. 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 afiirmative votes of two-thirds of the whole number 
of each branch of the City Council, voting by yea and nay. 

Sect. 21. No vote, by which an order, resolve or ordi- 
nance has been passed in its final stage, shall be reconsid- 
ered in either Board after the same has been finally acted 
upon in the other Board, unless the motion for reconsider- 
ation bo made, or notice given at the same meeting at 
which the vote to be reconsidered passed. 



GOVERNMENT 



OF THE 



CITY OF ROXBUEY, 

18 57. 



MAYOR. 

JOHN S. SLEEPER, Eustis Street. 

[Salary $1000. Charter, Sec. 7.] 



ALDERMEN. 

CHAELES E. GRANT, Chestnut Street, At Large. 

BENJAMIN THOMPSON, Kenilworth St., " 

WALDEN PORTER, Warren Street, " 

JOSEPH H. CHAD WICK, Eustis Street, Ward 1. 

GEORGE S. GRIGGS, Milford Place, « 2. 

HENRY WILLIS, Washington Street, " 3. 

GEORGE LEWIS, Highland Street, " 4. 

CHARLES C. NICHOLS, Circuit Street, " 5. 



COMMON COUNCIL. 
HENRY P. SHED, PrmWew^, Mount Vernon Place. 

Ward 1. 

Franklin Williams, . . Zeigler Street. 

William Morse, . . . Davis Street. 

George J. Lord . . . Mall Street. 

Albert Brewer, . . . Zeigler Street. 



80 



CITY OFFICERS. 



Ward 2. 



William P. Fowle, 
Thomas L. D. Perkins, . 
Pliineas Colburn, . 
Alvin M. Bobbins, 

John W. May, 

Samuel Little, 
Alfred G. Hall, . 
John Bowdlear, . . 

Samuel A. Shurtleff, 
John R. Hall, 
William Graham, 
James A. Tower, 

Robert C. Nichols, 
William K. Lewis, 
Henry P. Shed, . 
William Barton, . 



Ward 3. 



Ward 4. 



Ward 5. 



Auburn Street. 
Washington Street. 
Ruggles Street. 
Williams Place. 

Washington Street. 
Washington Street. 
Phillips Street. 
Rockingham Place. 

Linwood Place. 
Centre Street. 
Norfolk Street. 
Norfolk House. 

Cliff Street. 
Warren Street. 
Mount Yernon Place. 
Warren Place. 



Citi/ Clerk and 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, comer Sumner Place. 

Salary $200. [Chosen by Common Council.] 

City Messenger. 
WILLIAM N. FELTON, Zeigler Street. 
Salary $450. [Chosen by concurrent vote in April. 
Ordinance No. 5.] 



CITY OFFICERS, 



81 



JOINT STANDING COMMITTEES. 



The Mayor. 
Alderman 
Willis. 



Aldermen 

Thompson, 
Lewis. 



ON FINANCE. 

Common Council. 

Messrs. May, 

Williams, 
Shurtleff, 
Fowle, 
Lewis. 

ON ACCOUNTS. 

Common Council. 

Messrs. Little, 
Nichols, 
Brewer. 



ON PUBLIC PROPERTY. 

Aldermen Common Council. 

Grant, Messrs. Williams, 

Lewis, Little, 

Chadwick. Shurtleflf, 

Barton, 
Robbins. 



ON PUBLIC INSTRUCTION. 



The Mayor. 
Aldermen 

Lewis, 
Grant. 



Cornmon Council. 

Messrs. Shed, 
May, 
Tower, 
Lord, 
Fowle. 



ON HIGHWAYS, BRIDGES, AND SIDEWALKS. 



The Mayor. 
Aldermen 

Willis, 

Thompson. 



Common Council. 

Messrs. Nichols, 
May, 
Perkins, 
Hall, J. R. 
Morse. 



11 



82 



CITY OFFICERS 



ON THE FIRE DEPARTMENT. 



Aldermen 

Nichols, 

Chadwick, 

Griggs. 




Common Council. 

Messrs. Morse, 
Lewis, 
Graham, 
Colburn, 
Bowdlear. 


ON 


BURIAL GROUNDS. 


The Mayor. 

Alder meyi 
Porter, 
G-rant. 




Common Council. 

Messrs. Lewis, 
Fowle, 
Brewer, 
Hall, A. G., 
Hall, J. R. 




ON FUEL. 


Aldermen 

Griggs, 
Porter. 




Common Council. 

Messrs. Brewer, 
Perkins, 
Graham. 


ON POOR AND ALMSHOUSE. 


The Mayor. 
Aldei'man 
Porter. 




Common Council. 

Messrs. Shurtleif, 
Bobbins, 
Tower. 




ON LAMPS. 


Alder me7i 

Cliadwick, 
Thompson. 




Common Council. 

Messrs. Little, 
Lord, 
Lewis. 




ON PRINTING. 


Aldermen 

Willis, 
Nichols. 




Common Council. 

Messrs. Nichols, 
Barton, 
Williams. 



CITY OFFICERS. 83 

STANDING COMMITTEES OF THE BOARD OF 
ALDERMEN. 

ON POLICE. 

The Mayor, Aldermen Thompson and Nichols. 

ON LICENSES. 

The Mayor, Aldei'men Grant and Griggs. 

ON ENROLMENT. 

Aldermefi Lewis, Chadwick and Willis. 

ON LAYING OUT AND WIDENING STREETS. 

The Mayor, Aldermen Nichols and Lewis. 

ON BILLS OR ACCOUNTS PRESENTED EOR ALLOWANCE OR 
PAYMENT. 

Aldermen Nichols, Porter and Griggs. 



STANDING COMMITTEES OF THE COMMON 
COUNCIL. 

ON ELECTIONS. 

Messrs. Fowle, A. G. Hall and Colburn. 

ON ENROLLED ORDINANCES. 

Messrs. Barton, Bowdlear and Tower. 



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. 



84 CITY OPFICEES. 

ASSESSORS. 

Joseph N. Brewer, Joshua Seaver, Enos F. Bronsdon. 
[Chosen by City Council, in Convention, in April.] Re- 
ceive $250 each, and $100 Clerk hire. 

ASSISTANT ASSESSORS. 

Ward 1. Joseph Bugbee, |Ward4. Granville W.Wilson, 

2. Gera Farnum, 5. Stephen Hammond. 

3. Uriah T. Brownell, | 

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

OVERSEERS OF THE POOR. 

The Mayor, ex officio, Chairman. 

Ward 1. Warren Marsh, Ward 4. Nelson Worthen, 

2. Ira Allen, 5. George Gregerson. 

3. S. S. Littlefield, 

[Chosen in each Ward where they reside.] 



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. 



George S. Griggs, 
Henry Willis, 
George Lewis, 
Charles C. Nichols. 



John S. Sleeper, 
Charles E. Grant, 
Benjamin Thompson, 
Walden Porter, 
Joseph G. Chadwick, 

COMmSSIONER OF STREETS. 

Richard Ward, Lambert Avenue. Salary $650. Chosen 
by the Mayor and Aldermen, in January. See Ordi- 
nance No. 40.] 



CITY OFFICERS. 85 

FIRE DEPARTMENT. 

[Ordinance No. 34.] 

CHIEF ENGINEER. 

Samuel F. Train. Salary $225. 

ASSISTANT ENGINEERS. 



1. Gilbert S. May, 

2. Jonas Fillebrown, 



3. John Withers, 

4. Reuben Weeks. 



[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. 

Warre?i Co. No. 1. Dudley, corner Warren Street. 
John A. Foley. 

America Co. No. 2. Centre 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. 
Abraham Baldner. 

Washington Hook ^ Ladder Co. Dudley, cor. Warren St. 
Charles A. Adams. 

Cochituate Hose Co. Near Railroad Crossing, Wash'ton St. 
Thomas A. Scott. 



86 



CITY OFFICERS 



THE FOLLOWING TABLE EXHIBITS THE PAY OP THE OFFICERS AND MEMBERS 
OF THE SEVERAL ENGINE COMPANIES. 



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, 



P^ 



80 

80 
80 
70 
65 



^70 
70 

70 
70 
60 
55 



$100 
100 

100 
100 

80 
65 



'^ oO 

$38 
38 

38 
38 
18 
10 






36 

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 DEPAKTMENT. 

POLICE C OURT. 
STANDING JUSTICE. 

Peter S. Wheelock, Bower Street. 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 



87 



ASSISTANT MARSHALS, WATCHMEN AND POLICE OFFICERS. 



William D. Cook, 
Henry J. V. Myers, 
Joseph Hubbard, 
James Ball, 
Elliott Trask, 
Hawley Folsom, 

[* Pay as Night Watchmen, f 1.50.] 

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



Hiram A. Campbell, 
Samuel Mcintosh, 
Henry L. Ford,* 
Charles T. Trask,-^ 
Jeremiah M. Sweat,"^" 
Matthew Clark.* 



CONSTABLES. 



A. S. Parker, 
William D. Cook, 
Henry J. Y. Myers, 
Joseph Hubbard, 
Elliott Trask, 
Hawley Folsom, 
James Ball, 
Hiram A. Campbell, 



Samuel S. Littlefield, 
Charles T. Trask. 
Morrill P. Berry, 
Samuel Mcintosh, 
Bartlett W. Dexter, 
Henry L. Ford, 
Ezra Young, 
Jeremiah M. Sweat, 
Matthew Clark. 



Luke Jewett, 

[Appointed by the Mayor and Aldermen.] 



CORONERS, 



Thomas Adams, 
Morrill P. Berry, 



Yernon Street. 
Yernon Street. 



TRUANT OFFICERS. 



William D. Cook, 
Henry J. Y. Myers, 
Joseph Hubbard, 

[Ordinance No. 38. 
men.] 



Elliott Trask, 
Hawley Folsom, 
Hiram A. Campbell. 

Appointed by the Mayor and Alder- 



CITY SOLICITOR. 

William Gaston, Linden Park. Salary $800. [Ordinance 
No. 43.] Chosen by concurrent vote, in February. 



88 CITYOFFICERS. 

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. 

William J. Reynolds, . . . . 1858. 

Linus B. Comins, 1859. 

Jonathan French, ..... 1860. 

Francis C. Head, 1861. 

AlVah Kittredge, 1862. 

Alvah Kittredge, Ohairman. 

Francis C. Head, Secretary. 

Joseph W. Dudley, City Treas., Treasurer. 

Joseph W. Tucker, Register. 

Daniel Brims, Superintendent. 



P U B li I C SCHOOLS. 89 

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, Hiram A. Campbell, 
Henry L. Ford. 

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

Pound Keeper — Ezra Young. 

Tythi7igmen — Elbridge A. Hovey, Phineas B. Smith, 
Nathaniel Adams. 

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

Surveyors of Lumber — Gera Farnum, Tillson Williams. 

Measurers of Wood and Bark — Joseph Bugbee, El- 
bridge A. Hovey, Stephen Faunce, William Seaver, Henry 
Basford, George B. Faunce, Stephen Hammond. 

Weigher of Hay — Andrew W. Newman. 

Sealer of Weights and Measures — Melzar Waterman. 



PUBLIC SCHOOLS. 

SCHOOL COMMITTEE. 

William H. Ryder, Chairmati. 
Arial L Cummings, Secretary. 

Elected at Large. 
George Putnam, Julius S. Shailer, William H. Ryder. 

Elected by Wards. 
Ward 1. — Horatio G. Morse, Henry W. Farley. 
Ward 2. — Joshua Seaver, Ira Allen. 
Ward 3. — Timothy R. Nute, A. I. Cummings, 
Ward 4. — Joseph N. Brewer, Jonathan P. Robinson. 
Ward 5. — Edwin Ray, Alfred P. Putnam. 
12 



90 



PUBLIC SCHOOLS. 



SUB-COMMITTEES. 

Books. — Messrs. Ryder, Shailer, Morse, Farlej^, Brewer. 
Finance. — Messrs. Seaver, G. Putnam, Robinson. 
Regulatiojis. — Messrs. Shailer, Nute, Seaver. 
Filling Vacaiicies in Primary Sf' Intermediate Schools.- 
Messrs. Ryder, Morse, Shailer, Cummings, Ray. 

or DIFFERENT SCHOOLS. 



Schools. 


Location. 


Local Committee. 


English High, for 


Boys 


Mt. Vernon Place 


G. Putnam, Morse, Robinson. 


Latin .... 




Mt. Vernon Place 


Under charge of Trustees. 
Shailer, Brewer, Cummings. 


High School for Girls 


Kenilworth Street 


Dudley . . . 


■\ 


Kenilworth and > 
Bartlett Streets ) 


Brewer, A. P. Putnam, Nute. 


Washington . . 




Washington Street 


Seaver, Allen, Ray. 


Dearborn . . . 




Abney Place 


Morse, Ray, A. P. Putnam. 


Eliot .... 




Gore Avenue . 


Farley, Nute, Robinson. 


Francis Street 




Francis Street . 


Allen, Robinson, Cummings. 


Intermediate . . 




Vernon Street . 


Seaver. 



LATIN SCROOL.—Boijs. 
Augustus H. Buck, Principal. 

ENGLISH HIGH SCHOOL.— B03/S. 

S. M. Weston, Principal. 
George H. Gorely, Assistant. 

These Schools are under the direction of a Board of Trustees, consist- 
ing of the following gentlemen : 



George Putnam, President. 
James Guild, Treasurer. 
Charles K. Dillaway, Secretary. 
Enoch Bartlett, 
Thomas D. Anderson, 
D. A. Simmons, 
Samuel H. Walley, 



Benjamin Kent, 
B. E. Cotting, 
A. C. Thompson, 
Theodore Otis, 
S. P. Blake. 
James Guild, 
John S. vSleeper. 



[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. 91 



HIGH SCHOOL.— Gir/5. 

Robert Bickford, Principal. 
Martha S. Price, Assistant. 

DUDLEY SCHOOL.— Gz>/5. 

Adeline Seaver, Principal. 

Ellen M. Haskell, Caroline Alden, Ellen A. Marean, 
Clara B. Tucker, Caroline J. Nash, C. B. Thompson, Helen 
J. Otis, Assistants. 

WASHINGTON SCHOOL.— 5oy5. 
John Kneeland, Principal. 
Harriet E. Burrell, Anna M. Williams, Alice C. Pierce, 
Sarah M. Vose, Rebecca Jordan, Margaret A. Mathews, 
Caroline C. Drown, Assistants. 

DEARBORN SCHOOL.— 5oy5. 
William H. Long, Principal. 
Louisa E. Harris, Ruth P. Stockbridge, S. Frances Has- 
kell, Louisa J. Fisher, Henrietta M. Young, Assistants. 

ELIOT SCHOOL.— Gir/5. 
Sarah A. M. Cushing, Principal. 
Mary C. Eaton, Elizabeth W. Young, Almira W. Cham- 
berline. Assistants. 

FRANCIS STREET SCHOOL.— ^oi/i Sexes. 
Sophronia F. Wright, Principal. 

INTERMEDIATE SCHOOL.— ^oys. 

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

CURATOR. 

Jonas Pierce, Jr. 



92 



PUBLIC SCHOOLS. 
PKIMARY SCHOOLS — 1857, 



Teachers. 


Location. 


Committee. 


1 


Sarah T. Jennison 


Yeoman Street 


Morse. 


2 


Eliza C. Parmelee 


Yeoman Street 


Morse. 


3 


Sarah 0. Babcock 


Yeoman Street 


Morse. 


4 


Julia B. Burrill 


Yeoman Street 

Eustis Street 


Morse. 


5. 


Elizabeth A. Morse 


Cummings. 


G 


INIargaret E. Davis 


Eustis Street 


Cummings. 




jNIaria L Younc 


Sumner Street 


Farley. 


8 


Vacant 




9 


Harriet H. Fay 


Vernon Street 


Shailer 


10. 


Susan L. Durant 


Vernon Street 


Shailer. 


n 


Emily Gardner 


Sudbury Street 

Sudbury Street 

Sudbury Street 


Allen. 


lo 




Allen. 


13. 


Cornelia A.Bills 


Allen. 


14. 


Charlotte Williams 


Sudbury Street 


Allen. 


15 


Ann M. Backup 

Carrie M. Adams 


Avon Place 


Ray. 
Ray. 
Allen. 


Ifi 


Avon Place 


17. 
18. 


Sarah W. Holbrook 

Almira B. Russell 


Mill Dam 


Orange Street 


Seaver. 


If) 


Eliza Brown 


Orange Street 

Smith Street 


Seaver. 


OQ 


Mary A. Waldock 

Elvira Morse 


Nute. 


'>! 


Smith Street 


Nute. 


22. 


Elizabeth Waldock 


Francis Street 


Nute. 


2'^, 


Henrietta M. Wood 

Mary A . INIorse 


Centre Street 


Brewer. 


o^ 


Centre Street 


Brewer. 


25. 


Caroline N. Heath 


Near Jamaica Plain. . . 


Robinson. 


26. 


Plooma A. Savage 


Edinboro' Street 


G. Putnam. 


07 


Mary G. Hewes 


Edinboro' Street 

Munroe Street 


G. Putnam. 


28. 


Margaret G. Chenery. . . . 


Ray. 


oq 


Sarah A. Dudley 

H. B. Scammell 


Elm Street 


A. P. Putnam. 


30. 


Elm Street 


A. P. Putnam. 


31. 


Caroline N. Stowell 


Wash'ton, C.Suffolk PI. 


Farley. 


32. 


Frances N. Brooks 


Winthrop Street 


Cummings. 



Teachers are elected, except those in the High School, and their salary 
fixed by the School Committee. 



WARD OFFICEES. 



93 



WARD OFFICERS. 



WARD 1. 



Warden, 
Samuel P. Kent. 

Clerk, 
Theodore A. Sampson. 



Inspectors, 
Chester M. Gay, 
Charles Erskine, 
Solomon Sanborn. 



WARD 2. 



JVai'den, 
Joshua Seaver. 

Clerk, 
Anthony B. Shaw. 



Inspectors, 
Squire G. Brooks, 
Jeremiah M. Sweat, 
Charles H. Crawford. 



WARD 3. 



Warden, 
Joseph Wiggin. 

Clerk, 
Joseph N. Pennock. 



Inspectors, 
Jonathan M. Harmon, 
Moses Gragg, 
George Wiggin. 



WARD 4. 



Warden, 
Hartley E. Woodbridge. 

Clerk, 
Edward B. Reynolds. 



Inspectors, 
Francis Freeman, 
John Stockman, 
Richard H. Wiswall. 



WARD 5. 



Wcu^den, 
William K. Lewis. 

Clerk, 
John H. Sleeper. 



Inspectors, 
Henry Parkhurst, 
Theodore H. Bell, 
Benjamin Meriam. 



94 WARDS 



W A 11 D S , 

As divided and established by the Board of Selectmen of 
the Town of Koxbury, 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. 95 

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. 



ard 1. 


u 


2. 


it 


3. 


a 


4. 


u 


5. 



WARD ROOMS. 

Primary School House, Eustis Street. 
Vestry Tremont Baptist Church, Ruggles Street. 
City Hall, Dudley Street. 
Octagon Hall, Dudley Street. 
Vestry Methodist Church, Warren, corner Cliff 
Street. 



96 



MODES OP APPOINTMENT OP CITY OPPICERS. 



MODES AND TIMES OF APPOINTMENT OF THE 
VARIOUS CITY OFFICERS. 



City Clerk — in Convention, . . January. 

Undertaker — Mayor and Aldermen, 
Chief and Assistant Engineers — in Con- 
vention, • . . . , April. 
Commissioner of Streets — Mayor and 

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. 97 



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 
13 



98 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 4,223, 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. 



TAXES. 99 



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 ... . $104,27076 

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

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



100 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 S1,000, is . . . . $121,502.16 

No. of Polls 3,804, at $1.50 each, is . 5,706.00 

Total Tax for 1855, . . . $127,208.16 



1856. 

Valuation of Real Estate, . . . $11,594,400.00 

Valuation of Personal Estate, . . 5,066,000.00 

$16,660,400.00 

At $9.00 per $1,000, is . . . . $149,943.60 

No. of Polls 4,118, at $1.50 each, is . 6,177.00 

Total Tax for 1856, . . . $156,120.60 



VALUATION OF ESTATES, ECT. 



101 



VALUATION OF ESTATES, AND NUMBER OF POLLS IN 
ROXBURY FROM 1836 TO 1857. 



1836 
1837 






$5,582,400 
5,875.000 


1,833 
2,114 


1838 






5,979,900 


2,047 


1839 






6,438,600 


2.129 


1840 






6,721,000 


2', 300 


1841 

1842 






6,941,600 
7,341,600 


2,474 
2,570 


1843 






7,710,000 


2,554 


1844 






8,578,600 


2,977 


1845 
1846 






9,569,800 
12,543.900 


3,433 

3,668 


1847 
1848 






12,628^300 
13,174,600 


3,806 
3,999 


1849 






13,476,600 


3,982 


1850 






13,712,800 


4,125 


1851* 
1852 






13,933,200 
11,935,200 


4,223 
3,440 


1853 






12,432,600 


3,623 


1854 
1855 






13.369,200 
15^577,200 


3,833 

3,804 


1856 






16,660,400 


4,118 



POPULATION OF ROXBURY AT DIFERENT PERIODS. 



1765 

1790 










1,487 
2,226 


1800 










2,765 


1810 










3,669 


1820 










4,135 


1830 

1840 

18501 

1855 










5,247 

9,089 

18,316 

18,477 



* West Roxbury set off, 1851. 



t Including West Eoxbxiry. 



102 



AMOUNT PAID FOR SCHOOLS, ETC. 



AMOONT PAID FOR SCHOOLS, INCLUDING THE BUILDING 
AND REPAIR OF SCHOOL HOUSES. 



Year. 


Teachers' Pay, Fuel, 
and Contingencies. 


New School Houses, 


Total. 


1846 


$17,104.01 


$8,887.96 


$27,991.97 


1847 


20,555.23 


7,953.37 


28,508.60 


1848 


24,422.69 


20,916.54 


45,338.13 


1849 


25,480.80 


4,198.59 


29,578.39 


1850 


26,177.86 


3,660.55 


29,738.41 


1851 


21,976.32 


15,013.31 


36,989.63 


1852 


24,709.61 


7,949.24 


32,658.85 


1853 


26,391.51 


3,899.12 


30,290.63 


1854 


30,284.69 


26,802.92 


57,087.61 


1855 


32,616.68 


6,239.07 


38,855.75 


1856 


36,266.58 


5,309.16 


41,575.74 



AMOUNT PAID FOR REPAIR OF HIGHWAYS. 



1846 

1847 
1848 
1849 
1850 
1851 
1852 
1853 
1854 
1855 
1856 



$7,750.83 
9,853.38 
10,029.93 
12,015.06 
12,129.46 
9,698.58 
19,364.30 
15,537.45 
18,608.96 
29,080.96 
20,370.12 



PAID FOR SUPPORT OF POOR, ETC. 103 



AMOUNT PAID FOR SUPPORT OF POOR— NET COST. 



Average No, 
Inmates. 


Whole No. 
admitted. 


Net Cost. 


120 
187 
242 
216 
240 


410 

762 
710 
627 
628 


$5,586.15 
9,751.95 
6,052.40 
9,207.40 
8,229.08 


227 


630 


8.478.96 


185 


507 


6.737.49 


155 

52 
25 


356 

292 

90 


7,227.14 

7,776.21 
4,543.92 


25 


112 


5,491.64 



Year. 

1846 
1847 
1848 
1849 
1850 
1851 
1852 
1853 
1854 
1855 
1856 



Note. — The amount given as the net cost of the respective years, is not 
strictly correct in every instance, as the accounts against the Common- 
Tvealth 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. 

1846 
1847 
1848 
1849 
1850 
1851 
1852 
1853 
1854 
1855 
1856 



Reservoirs. 

$1,299.00 

2,090.00 

1,993.81 

1,271.47 

912.44 

670.77 
1,747.33 

1,593.49 
258.56 



Fire Department. 

$5,941.12 
6,635.79 
5,493.06 
5,869.14 
5,407.76 
6,618.99 
7,634.54 
8,232.33 
8,681.84 
10,655.08 
12,203.13 



Total. 

$7,240.12 

8,725.29 
7,468.87 
7,140.61 
6.320.20 
6^618.99 
8,305.31 
9,979.66 
8,681.84 
12,248.57 
12,461.69 



104 



PAID FOR POLICE AND WATCH, AND LAMPS. 



AMOUNT PAID FOR POLICE AND WATCH. 



1846 










$2,363.96 


1847 










3.965.65 


1848 










4^408.41 


1849 










5,004.08 


1850 










4,075.89 


1851 










3,427.27 


1852 










4,271.30 


1853 










4,419.75 


1854 










5,370.68 


1855 










7,817.60 


1856 










9,290.88 



AMOUNT PAID FOR LAMPS. 



1846 










1849.06 


1847 










935.94 


1848 










899.01 


1849 










1,094.75 


1850 










1,221.18 


1851 










1,362.63 


1852 










2,431.47 


1853 










3,243.14 


1854 










2,592.75 


1855 










11,469.66 


1856 










8,551.78 



Barnes of Pemks of t\t Cit]} iofernment 

SINCE THE ADOPTION OF THE CITY CHAKTER. 



MAYORS. 

John Jones Clarke, 1846. 

Henry Alexander Scammel Dearborn, 1847, 48, 49, 50, 51.* 

Samuel Walker, 1852, 53. 

Linus Bacon Comins, 1854. 

James Ritchie, 1855. 

John Sherburne Sleeper, 1856, 57. 



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. 

Alvah Kittredge, 1852, 53. 

Horace Williams, 1852, 53. 

James Guild, 1852. 

John Hunt, 1852. 



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

14 



106 MEMBERS OP THE CITY GOVERNMENT. 

John Sherbiirne Sleeper, 1863. 
Charles Hickling, 1853, 54. 
Joseph Nathaniel Brewer, 1854. 
George JefFerds Lord, 1854. 
Kobert 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 AYebber, 1855. 
Francis Gardner, 1855. 
William Davis Adams, 1855. 
Benjamin Thompson, 1856, 57. 
Charles Edward Grant, 1856, 57. 
Joseph Gen dell Torrey, 1856. 
George Smith Griggs, 1856, 57. 
Nahum Ward, 1856. 
Jonathan Pratt Robinson, 1856. 
Charles Carter Nichols, 1856, 57. 
Walden Porter, 1857. 
Joseph Houghton Chadwick, 1857. 
Henry Willis, 1857. 
George Lewis, 1857. 



PRESIDENTS OF THE COMMON COUNCIL. 

Francis George Shaw, 1846. 
Linus Bacon Comins, 1847, 48. 
WiUiam Augustus Crafts, 1849, 50, 51. 
William Gaston, 1852, 53. 
James Monroe Keith, 1854. 
William Ellison, 1855. 
John Wilder May, 1856. 
Henry Pinkham Shed, 1857. 



COMMON COUNCIL. 

Wakd 1. 

Daniel Jackson, 1846, 47, 48. 
Sylvester Bowman, 1846, 47, 49, 50. 
WiUiam 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 AVinslow, 1851. 
John Reed Howard, 1851.* 

* Besigned, and John Parker was elected to fill the vacancy. 



i 



MEMBERS OP THE CITY GOVERNMENT. 107 

George Jefferds Lord, 1852, 53, 57. 
Franklin Williams, 1853, 54, 55, 56, 67. 
Joseph Houghton Chadwick, 1853, 54. 
Joseph Gendell Torrey, 1854. 
Thomas Farmer, 1854. 
William Morse, 1855, 56, 57. 
George Harris Pike, 1855, 56. 
Asa Wyman, Jr., 1855. 
Samuel Pearson, Jr., 1856. 
Albert Brewer, 1857. 

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, 57. 

Henry Basford, 1854. 

John Morrill Marston, 1855. 

Alvin Mason Bobbins, 1855, 57. 

William Hyde Palmer, 1855. 

Benjamin Simons Noyes, 1855. 

Timothy Bicker Nute, 1856. 

William Parker Fowle, 1856, 57. 

Thomas Langdon Dodge Perkins, 1856, 57. 



Ward 3. 

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

William Greene Eaton, 1846, 47, 48. 

John Lansdorff DeWolf, 1846. 

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

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

Joseph Crawshaw, 1851, 

True Russell, 1852. 

John Wells Parker, 1852, 53. 

Calvin Barstow Faunce, 1852, 53. 

William Lewis Hall, 1853. 

Charles Bayley Bryant, 1854. 

Horace King, 1854. 

Obed Rand, 1854. 

Alden Graham, 1854. 

Robert Simpson, 1855. 

Robert Webb Molineux, 1855. 

William Ricker Huston, 1855. 

Joseph Henry Swain, 1855. 

John Wilder May, 1856, 57. 



108 MEMBERS OF THE CITY GOVERNMENT. 



John Emory Gowon, 1856. 
William Francis Dunning, 1856. 
Samuel Little, 1856, 57. 
Alfred Gowen Hall, 1857. 
John Bowdlear, 1857. 

Ward 4. 

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

Joseph Nathaniel Brewer, 1846, 47, 48, 49, 50, 51, 62, 53. 

James Guild, 1846. 

Nathaniel Mayhew, 1847, 48, 49, 50. 

George Davenport, 1851, 52. 

George Lewis, 1852, 53. 

Prederick Guild, 1852. 

Charles Frederick Bray, 1853. 

Henry Davenport, 1853, 54. 

Joseph Bond Wheelock, 1854. 

George William Tuxbury, 1854. 

John Roulston Hall, 1854, 57. 

Samuel Atwood Shurtleff, 1855, 56, 57. 

William Ellison, 1855. 

Clark Ide Gorham, 1855. 

Ebenezer Waters Bumstead, 1855, 56. 

Daniel Wingate Glidden, 1856. 

Alonzo Williams Folsom, 1856. 

William Graham, 1857. 

James Augiistus Tower, 1857. 



Waed 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, 57. 

Joseph Willett Robbins, 1855. 

John Wesley Wolcott, 1855. 

James William Cushing, 1855, 56. 

Robert Cofield Nichols, 1856, 57. 

John Thomas Ellis, 1856. 

William King Lewis, 1856, 57. 

William Barton, 1857. 



MEMBERS OP THE CITY GOVERNMENT. 109 

Ward 6.* 

George James, 1846, 47. 
Joseph Eichards 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. 

Wakd 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. 
Chancy Jordan, 1847, 48, 49, 50. 
George Brown, 1847, 48, 49, 50. 
Benjamm Guild, 1848. 
Charles Gideon Mackintosh, 1849, 50, 51. 
Cornelius Cowing, 1851. 

James W Wason, 1851. 

Aaron Cass, 1851. 



•' Wards 6, 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 Town of Weat Eoxbury. 



INDEX. 



[The references to the Ordinances are to the number of the Ordinance, 
which may be found in full in Register of 1855.] 



ACCOUNTS, joint standing committee on, 81. 

committee of aldermen on accounts, 83. 
ALDERMEN, board of, to consist of eight persons. 3, 22. 

majority to constitute a quorum, 3. 

with common council to compose city council, 3. 

election of, 5, 19, 22. 

term of office, 5, 19, 23. 

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

shall take oath of office, 7. 

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, 79. 
ALMSHOUSE, joint committee on, 82. 

superintendent and physician of, 84. 
AMENDilENTS TO CITY Charter, 19, 22. 
ASSESSORS, how elected, 9. 

compensation, 9, 84. 

duties of, 11. 

names of, 84. 
ASSISTANT ASSESSORS, how elected, 10, 19. 

duties of, 11. 

names and compensation, 84. 
BALUSTRADES ON BUILDINGS, rules concerning the erection of, 33. 
BARK, measurement of, 12. 

measurers of, 89. 
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 coun- 
cil, Ord. 26. 

joint committee on, 82. 
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. 

commissioners may receive and hold property for the improvement 
of, 28. 

ordination establishing its name to be Eorest Hills, Ord. 24. 

form of deeds for conveyance of lots^ Ord. 29. 

names of commissioners, 88. 



112 INDEX. 



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 citzens of Roxbiiry, 18. 

amendments to, 19, 22. 
CITY COUNCIL, to consist of mayor, aldermen and common council, 3. 

shall elect city treasurer, chief engineer, collector, clerk, and asses- 
sors, 9. 

shall require bonds from persons entrusted with the public mo- 
neys, 9. 

shall have superintendence of city buildings, 9. 

may purchase property in name of city, 9. 

shaE publish yearly accouirt of city finances, 9. 

no member to be eligible to civic office of emolument, 10. 

may lay out streets, 11. 

shall have powers of board of health, 11. 

may cause the construction of drains and common servers, 12. 

may make by-laws respecting lumber, wood, coal and bark, 12. 

shall determine annually the number of representatives to General 
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, 81. 

names of members of city council, 79, 80. 
CITY OF ROXBURY, organization of government, 15, 16. 

division into wards, 4, 22. 

government of, 79. 
CITY SEAL, Ord. 18. 

CLERK OF BOARD OF ALDERISIEN, see Clerk of City. 
CLERK OF CITY, shall administer oath of office to mayor, 6, 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, 80. 
CLERK OF COMMON COUNCIL, election of, 7. 

name and salary, 80. 
CLERKS OF ENGINE COMPANIES, see Fire Department. 
CLERK OF ENGINEERS, see Fii-e Department. 
CLERK OF POLICE COURT, may be elected by city council, 47. 

shall give bonds, 47. 

duties of, and compensation, 47. 
CLERK OF WARD, election of, 4. 

term of office, 4, 19, 

general duties of, 4, 5, 14. 

names of, 93. 
COAL, sale and measurement of, 12. 
COLLECTOR OF TAXES, see Treasurer. 
COMMISSIONER OF STREETS, how appointed, Ord. 40. 

duties of, Ord. 40. 

name and salary, 84. 



INDEX. 113 

COMMON COUNCIL, with aldermen, to compose city council, 3. 

number of councilmen, 3, 23, 

majority constitute a quorum, 3, 4. 

term of office, 5, 19, 23. 

election of, 5, 19, 22, 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, 79, 80. 
CONSTABLES, appointed by mayor and aldermen, 8. 

names of, 87. 
CORONERS, 87. 
COMMITTEES, STANDING, of city council, 81, 82. 

of aldermen, 83. 

of common council, 83. 
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 af city council, 12. 
ELECTIONS, of ward officers, 4. 

of civil officers, 55. 

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, 96. 

of engineers, 9, 96, Ord. 34. 

of foremen, Ord. 34. 

of overseers of poor, 10, 19, 84. 

of school committee, 10, 19, 89. 

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

of commissioners of rural cemetery, 26, 88. 

of surveyors of highways, surveyors of lumber, measurers of wood 
and bark, weighers of hay, sealers of Aveights and measures, 
field drivers, fence viewers, pound keeper, tythingmen, sealers 
of leather, and hogreeves, Ord. 3, 96. 

of city messenger, Ord. 5, 96. 
ENGINEERS, see Fire Department. 
ENGINEMEN, see Eire Department, 
ENROLMENT, committee of aldermen on, 83. 

committee of common council on, 83. 
FENCE VIEWERS, Ord. 3, 89, 96. 
FIELD DRIVERS, Ord. 3, 89, 96. 
FINES, see Penalties. 
FINANCE, joint committee on, 81. 
FIRE DEPARTMENT, ordinance concerning. No. 34. 

election of chief engineer, 9. 
15 



114 INDEX. 

FIRE DEPARTMENT, duties of chief engineer, Ord. 34. 

election of assistant engineers, Ord. 34. 

organization of engineers, Ord. 34. 

authority and duty of engineers, Ord. 34. 

election of foremen, assistant foremen, and clerk, Ord. 34. 

hosemen, Ord. 34. 

appropriations for, to be expended under direction of committee of 
city council, Ord. 34. 

only citizens of United States to be members of, Ord. 34. 

terms of service of members, Ord. 34. 

members not to unnecessarily assemble in engine houses, Ord. 34. 

joint committee of city council on, 82. 

names of officers and engines, 85. 

pay of members of department, 86. 

amount paid annually for support of department, 103. 
FOREST HILLS, see Cemetery. 
FUEL, joint committee on, 82. 
GATES, not to swing into streets, Ord. 23. 
GOVERNMENT OF CITY, members of, 79, 105, 
GUNPOWDER, acts to regulate transportation and storage of, 30, 51. 

licenses for its sale, 30. 

forfeiture of, when unlawfully kept, 31, 51. 

mayor and aldermen may make rules concerning its transportation 
and sale, 30. 
HAY, weighers of, Ord. 3, 89. 
HEALTH, powers of board of health vested in city council, 11, 12. 

mayor and aldermen shall perform duties of board of health, 
Ord. 36. 

concerning removal of nuisances or causes of sickness, 34, 49, 
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 nuisances, 
Ord. 14. 

relative to the use of burial grounds and burial of the dead, Ords. 
12, 26, 32. 

officers of health department, 88. 
HOGREE\TES, Ord. 3, 89. 
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, 81. 
JURORS, preparation of lists by mayor and aldermen, and drawing of 

jurors, 19, 20. 
JUSTICE, see Police Com-t. 
LAMPS, expenditures for, Ord. 44, 104. 

duties of joint committee on, Ord. 44. 

names of members of joint committee, 82. 

annual expenditure for lamps, 104. 
LICENSES, committee of aldennen on, 83. 

LICENSED HOUSES, mayor and aldermen may license innholders, 
victuallers, and retailers, 9. 



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INDEX. 115 

LUMBER, city council may make by-laws for sale and measurement of, 
12. 
surveyors of, Ord. 3, 89. 
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 convention 

of city council, 8. 
salary of, 8, 79. 

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 govern- 
ment of the city, 3. 
may issue warrants for public meetings for municipal purposes, 5. 
duties of, in case of no election of mayor, 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, 15. 
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, 40, 
may construct sidewalks, the abuttors to pay for the materials, 

43, 44. 
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 preser- 
vation of public health, Ords, 14, 36, 
may license city criers, Ord. 37. 
MEASURERS OF WOOD AND BARK, Ord. 3, 89. 
MEETINGS, PUBLIC, may be held for certain purposes, 14, 15. 

shall be duly warned by mayor on requisition of fifty voters, 14, 15. 
MESSENGER, CITY, election and duties, Ord, 5, 

name and salary, 80. 
MONEYS, PUBLIC, (see Treasury,) city council may require bonds of 
persons receiving, keeping, or disbursing, 9, 
annual statement of, to be published, 
NUISANCES, see Health. 



116 INDEX. 

OFFICERS OF CITY, names of, 79, 105. 

subordinate officers elected by city council, 9. 

duties of subordinate officers defined, and compensation fLxed by 
city coiuicil, 9. 

penalty of, for neglect of duty, 32. 
ORDINANCES, manner of recording, Ord. 1. 

method of promulgation, Ord. 15. 

enacting style of, Ord. 19. 
OVERSEERS OF POOR, election of, 11, 19. 

names of, 84. 
PENALTIES, how to be recovered, 12. 

power of city coimcil to make them, 16. 
PHYSICIAN, election and duties of, Ord. 48. 

name and salary of, 88. 
POLICE COURT, act establishing, 44. 

extent of jurisdiction, and power of appeal, 44, 45. 

salary of standing justice, 45, 86. 

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, 86. 

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, 86, 87. 

amount annually paid for support of department, 104. 
POLLS, number of, 101. 
POOR, amount paid for support of, 101. 

joint committee on poor and almshouse, 82. 
POPULATION OF CITY, 101. 
POUND KEEPER, Ord. 3, 89. 
PUBLIC PROPERTY, names of committee on, 81. 

joint committee on, shall consult school committee 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, 4. 
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. 119) of board of aldermen, 63. 

of common council, 63, 

of city council, 72. 
SCHOOL COMMITTEE, election of, 10, 19. 

concerning vacancies in, 54. 

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. 



INDEX. 117 



SCHOOL COMMITTEE shall repair schools, and provide furniture, &c., 
to the extent of fifty dollars, Ord. 22. 
names of, 89. 
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, 90, 91, 92. 
amovint annually paid for support of, in past years, 102. 
SEAL OF CITY, Ord. 18. 
SEALERS of leather, Ord. 3, 89, 

of weights and measures, 89. 
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, 87. 
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 Avidth 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, 84. 
no obstructions to be placed in streets Avithout license, Ord. 13. 
cellar-Avays to be properly guarded ; regulations concerning car- 
riages and horses ; games of chance prohibited in, Ord. 13. 
discharge of firearms and other explosive materials forbidden ; 
orderly behavior required of passengers ; no horses, cattle, 
swine, &c., to go at large in ; blasting rocks prohibited within 
fifty rods of highway ; separate record of streets and highways 
to be kept by city clerk, Ord. 13. 
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, 81. 
members of committee of aldermen on laying out and widening 

streets, 83. 
amount paid annually in past years for repairs of, 102. 
SURYEYORS of highways, election of, Ord. 3; names of, 84. 

of lumber, Ord. 3 ; names of, 89. 
S'S\T[MMING, when exposed to view, forbidden, Ord. 13. 
TAXES, assessment and apportionment of, 11. 

annual amount of, in past years, 97, 98, 99, 100. 
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, Ord. 6. 
name and salary of, 83. 
TREASURY", no money to be paid out of, unless on order of the mayor, 
Ord. 6. 



118 INDEX 



TRUANT CHILDREN, power of city to take action concerning them, 37. 

may be punished by line or committed to almshouse, Ord. 38. 
TYTHINGMEN, election of, Ord. 3 ; names of, 89. 
UNDERTAKER, appointed by mayor and aldermen, Ord. 12. 

duties of and compensation, Ords. 12, 27. 

name of, 88. 
VALUATION OF ESTATES, 101. 

VAULTS, regulations concerning the emptying of, Ord. 39. 
VICTUALLERS, mayor and aldermen may license, 9. 
VOTERS, see Elections, 
WARDS, division of the city into, 4, 22 ; description of wards, 94. 

may be altered, if necessary, once in five years, 22, 

names of officers of, 93. 
WARDEN, election of, and term of office, 4, 19. 

shall preside at ward meetings, 4. 

shall take and administer oath of office, 5. 

shall sign certificates of elections, 6. 
WARD MEETINGS, how conducted, 4. 

issue of warrants for, 5. 
WARD ROOMS, 95. 

WARRANTS for public meetings, form of; service and return of, Ord. 2. 
WATCHMEN shall be appointed by mayor and aldermen, Ords. 11, 31. 

compensation fixed by mayor and aldermen, Ord. 11. 

names and salaries of, 87. 
WEIGHERS OF HAY, election of, Ord. 3 ; name, 89. 
WOOD AND BARK, sale and measurement of, 12, Ord. 3. 

measurers of, 89. 



J 



INDEX. 



119 



INDEX OF RULES AND ORDERS. 



BOARD OF ALDEEMEN. 

Committees, appointed or elected, 64. 

standing committees, 64. 
Order of business, 63. 
Ordinances, passage of, 63. 

rejection, 64. 
Suspension of rules, 64. 



COMMON COUNCIL. 

Committees, appointed or elected, 67. 
standing committees, 69. 
standing committees shall keep re- 
cords of their proceediiigs, 71. 
organization of committees, 70. 
sjiecial committees to consist of three 
members unless otherwise ordered, 
70, 71. 
duty of committees to report within 

four weeks, 71. 
committee of whole, 70. 
Communications, reception of, 69. 
Division of question may be called, 69. 
Elections by ballot, 71. 
Members, rights and duties of, 67, 68, 69. 
conduct of, 67. 

limit to speaking on one question, 68. 
obliged to vote unless specially ex- 
cused, 69. 
not obliged to act on more than three 
standing committees, 69. 
Motions in order, 6G. 

shall be reduced to writing if desir- 
ed, 68. 
Orders, passage of, 70. 
Ordinances, passage of, 70. 
President, rights and duties of, 65, 66, 67. 



President, proceedings in absence of, 65. 
Previous question, 66. 
Questions, taking of, 66. 
Reconsideration of vote, 68. 
Resolutions, passage of, 70. 
Seats of members, 70. 
Suspension of rules, 69. 
Votes, declaration of, 65. 
Yeas and nays, may be called at request of 
one-third of members present, 66. 



CITY COUNCIL. 

Committees, joint standing, 72. 

members of, chosen by 

respective boards, 73. 
chairmen of, 73. 
in relation to calling 

meetings of, 73. 
shall report within four 
weeks, 76. 
committees of conference, 74. 

proceedings in case of 
non-concurrence of, 74. 
regulations respecting action of com- 
mittees, 74. 
Debt, created by what vote, 76. 
Messages between boards, 76. 
Orders and resolutions, passage of In either 

board, 75. 
Ordinances, enacting style of, 74. 
titles of, to be prefixed, 75. 
passage of, 76. 
Transmission of papers from board to board, 

75. 
Votes, form of, 74. 

reconsideration of, 76. 



i 



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