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Digitized by the Internet Archive
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http://www.archive.org/details/citydocuments589roxb
T PIE
MUNICIPAL REGISTER
CONTAINING: THE
CITY CHARTER,
WITH
RULES AND ORDERS
OP
THE CITY COUNCIL;
ALSO,
THE ORDINANCES,
AND
INSTRUCTIONS TO WARD OFFICERS;
AND A
LIST OF THE OFFICERS
OF THE
€\\i of ^ktkrg,
FOR
1858,
ROXBURY :
L. B. & O. E. WESTON, PRINTERS, GUILD ROW.
185 8.
Citg &f $ff*bttrg.
In Board of Aldermen, May 3, 1858.
Ordered, That a Committee of two from this Board, with such as the
Common Council may join, be appointed to prepare the Municipal Regis-
ter for the year 1858, the same to contain, in addition to the usual infor-
mation and the Ordinances of the City, apt notes of reference, indicating
the changes of Laws and Ordinances ; also, a statement of the amount of
the City Debt for each year, since the incorporation of the City.
Aid. Leland and Clapp were appointed.
JOSEPH W. TUCKER, City Clerk.
In Common Council, May 3, 1858.
Concurred, and Messrs. Shed, Tower and Batchelder were joined.
FRANKLIN WILLIAMS, Clerk.
CITY CHARTER.
COMMONWEALTH OP MASSACHUSETTS.
In the Year One Thousand Eight Hundred and Forty-Six.
AN ACT to Establish the City of Roxbnry.
Be it enacted by the Senate and House of Rep-
resentatives in General Court assembled, and
by the authority of the same, as follows :
Sect. 1. The inhabitants of the town of Rox- *°*bcu;|to
bury shall continue to be a body politic and cor-
porate, under the name of the City of Koxbury,
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 oneAidermen
principal officer, to be styled the mayor; one m0dn council,
council of eight,1 to be called the board of alder-
men ; and one council of twenty-four,2 to be called
the common council ; which boards, in their joint
capacity, shall be denominated the city council,
and the members thereof shall be sworn to the
faithful performance of the duties of their respec-
1 One Alderman from each Ward and three at large. Amdt.
of 1852, sec. 3.
2 Council of twenty. Ibid.
CITY CHARTER
To servo
without pay.
Selectmen
to divide
the Town
into Wards.
To be revised
every five
years by City
Council.
Election
and duties
of Warden
and Clerk,
and Inspec-
tors of
Elections.
tive offices. A majority of each board shall con-
stitute a quorum, for doing business, and no mem-
ber of either board shall receive any compensation
for his services.
Sect. 3. It shall be the duty of the selectmen
of the town of Roxbury, as soon as may be, after
the passage of this act, and its acceptance by the
inhabitants, as hereinafter provided, to divide said
town into eight wards,1 as follows, to wit : first, by
drawing a line between the second and third par-
ishes, as near the old territorial parish line as
may be convenient, and constituting the second
parish one ward ; second, by drawing a line in the
same manner between the first and third parishes,
and dividing the third parish into two wards, to
contain, as nearly as may be convenient, an equal
number of inhabitants ; and, third, by dividing the
first parish into five wards, as nearly equal in
number of inhabitants as may be consistent with
convenience in other respects.
And it shall be the duty of the city council,
once in five years, to revise, and, if it be needful,
to alter said wards in such manner as to preserve
as nearly as may be, an equal number of voters in
each ward; provided, hotoever, 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.
Sect. 4. On the second Monday in March,2
annually, there shall be chosen by ballot, in each of
said wards, a warden, clerk, and three inspectors
of elections, residents of wards in which they are
chosen, who shall hold their offices for one year,3
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 an}^ 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-
1 Five Wards. Amdt. of 1852, sec. 1.
2 Second Monday of December. Amdt. 1850, sec. 1.
3 And until others are chosen. Amdt. '50, sec. 7.
CITY CHARTER. 7
pore shall be chosen by ballot. And if at any
meetings the clerk shall not be present, a clerk
pro tempore shall be chosen by ballot. The clerk
shall record all the proceedings and certify the
votes given, and deliver over to his successor in
office all such records and journals, together with
all other documents and papers held by him in said
capacity. And it shall be the duty of the inspec-
tors of elections to assist the warden in receiving,
assorting and counting the votes. And the warden,
clerk and inspectors so chosen, shall respectively
make oath or affirmation, faithfully and impartially
to discharge their several duties, relative to all
elections, which oath may be administered by the
clerk of such ward, to the warden, and by the war-
den to the clerk and inspectors, or by any justice
of the peace for the county of Norfolk.
All warrants for meetings of the citizens for^*™*£
municipal purposes, to be held either in wards or and city
x j. j. / meetings*
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, on.e^ierfions
alderman to be selected from each ward,1 shall be and city
elected by the qualified voters of the city, at large,
voting in their respective wards, and three com-
mon councilmen2 shall be elected from and by the
voters of each ward, and shall be residents of the
wards in which they are elected ; all said officers
shall be chosen by ballot, and shall hold their
offices for one year from the first Monday in April :3
and the mayor, until another shall be elected and
qualified in his place.
Sect. 6. On the second Monday in March,4 Proceedings
annually, immediately after a warden, clerk, and meetings.
inspectors5 shall have been elected and sworn, the
1 One from each Ward and three at large. Amdt. of 1852,
sec. 3.
2 Four from each Ward. Ibid.
3 First Monday in January. Amdt. of 1850, sec. 1.
4 Second Monday of December. Ibid.
5 So much as relates to Warden, &c, repealed by Amdt. of
'50, sec. 2.
CITY CHARTER.
Certificates
of Election.
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,
declared and registered in open ward meeting, by
causing the names of persons voted for, and the
number of votes given for each, to be written in
the ward records in words at length.
The clerk of the ward, within twenty-four hours
after such election, shall deliver to the persons
elected members of the common council, certifi-
cates of their election, signed by the warden and
clerk, and by a majority of the inspectors of elec-
tions, and shall deliver to the city clerk a copy of
the records of such election, certified in like man-
ner ; provided, however, that if the choice of com-
mon councilmen cannot be conveniently effected
on that day, the meeting may be adjourned from
time to time, to complete such election.1
The board of aldermen shall, as soon as may be
convenient, examine the copies of the records of
the several wards, certified as aforesaid, and shall
cause the person who may have been elected
mayor, to be notified in writing of his election ;
but if it shall appear that no person has received
a majority of all the votes, or if the person 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.
In case of the decease, resignation or absence
Mayor ceof °f ^he may°r> or his inability to perform the duties
of his office, it shall be the duty of the board of
aldermen and the common council, in convention,
to elect a mayor for the time being, to serve until
another is chosen, or until the occasion causing
the vacancy is removed.
menAlder" And ^ ^ sha^ aPPear tnat the whole number of
aldermen have not been elected, the same proceed-
To supply
vacancy in
1 Other vacancies filled in like manner. Amdt. of 1850,
sec. 3.
CITY CHARTER. »
Ings shall be had, as arc hereinbefore provided for
the choice of mayor. Each alderman shall be 110-
tified in writing, of his election, by the mayor and
aldermen for the time being.
The oath prescribed by this act shall be admin- ^°r's
istered to the mayor by the city clerk, or any jus-
tice of the peace for the county of Norfolk.
The aldermen and common councilmcn elect,
shall, on the first Monday of April,1 at ten o'clock
in the forenoon, meet in convention, when the oath
required by this act shall be administered to the
members of the two boards present, by the mayor
or by any justice of the peace for the county of
Norfolk, and a certificate of such oath having been
taken, shall be entered on a journal of the mayor
and aldermen, and of the common council, by their
respective clerks.
And whenever it shall appear that no mayor convention,
has been elected previously to the said first Mon- ^™rn?s
day in April,1 the mayor and aldermen for the time chosen,
being, shall make a record of that fact ; an attest-
ed copy of which the city clerk shall read at the
opening of the convention to be held as aforesaid.
After the oath has been administered as afore- 0)frf£eization
said, the two boards shall separate ; and the com- <^™™°n
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 ln ^"j6
the first Monday in April,1 the city government ^first^
shall organize itself in the manner hereinbefore
provided, and may proceed to business in the same
manner as if the mayor were present, and the
oath of office may be administered to the mayor
at any time thereafter in a convention of the two
branches.
In the absence of the mavor, the board of alder- May°r
j i 1111 Pro tern-
men may choose a chairman pro tempore, who shall
preside at joint meetings of the two boards.
Each board shall keep a record of its own pro-
1 First Monday of January. Amdt. of 1850, sec. 1.
2
10
CITY CHARTER
Each Board
judge of
Elections
of its own
members, &c,
Duties of
Mavor.
Compensa-
tion.
May be
appointed
Commis-
sioner of
Highways.
Executive
power in the
Mayor and
Aldermen.
ceedings, and judge of the election of its own
members ; and in failure of election, or in cases of
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.
Sect. 7. The mayor thus chosen and qualified,
shall be the chief executive officer of said city.1 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
generally, and the administration of the police,
with all the powers heretofore vested in the select-
men of Roxbury, shall be vested in the mayor
and aldermen, as fully as if the same were herein
specially enumerated.
2 And the mayor and aldermen shall have full
1 To hold office until another is chosen. Amdt. of 1850, sec.
7, and amdt. of 1852, sec' 3.
2 Further powers. Act of 1851, ch. 162.
CITY CHARTER. 11
and exclusive power to appoint a constable and oSu^.
assistants, or a city marshal and assistants, with
the powers and duties of constables, and all other
police officers; and the same to remove at pleas-
ure.
And the mayor and aldermen may require any constables'
person appointed a constable of the city, to give
bonds, with such security as they may deem reason-
able, before he enters upon the duties of his office,
upon which bonds the like proceedings and reme-
dies 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 thcLicc»ses.
same power to grant licenses to innholders, vict-
uallers and retailers within the city, which is pos-
sessed by the mayor and aldermen of the city of
Boston.
The city council shall annually, as soon after To appoint
cprttiiii
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 sit^'?ss
. . public.
public, 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 appro-
priated ; shall secure a just and proper accounta-
bility by requiring bonds, with sufficient penalties
and sureties, from all persons trusted with the
receipt, custody or disbursement of money ; shall
have the care and superintendence of the city
buildings, with power to let, or to sell what may
be legally sold ; and to purchase property, real or
personal, in the name and for the use of the city,
whenever its interest or convenience may, in their
12
CITY CHARTER
Mayor to
nominate
Duties of
City Clerk
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.
Sect. 9. In all cases in which appointments
are directed to be made by the mayor and alder-
men, the mayor shall have the exclusive power of
nomination • such nomination, however, being sub-
ject to be confirmed or rejected by the board of
Members of aldermen : provided, however, that no person shall
City Council ,-,..,-, •*■ L, x
not eligible be eligible to any office of emolument, the salary
emolument, of which is payable out of the city treasury, who,
at the time of such appointment, shall be a mem-
ber of the board of aldermen or of the common
council.
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.
Sect. 11. Tin? qualified voters of each ward,
at their respective annual ward meetings for the
choice of officers, shall elect by ballot one person
in each ward to be an overseer of the poor, who
shall be a resident of said ward ; and the person
thus chosen, together with the mayor, shall con-
stitute 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.
The qualified voters shall, at the same time and
in the 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-
Overseers
of the Poor.
School
Committee
CITY CHARTER
13
mittec, and have the care and superintendence of
the public schools.1
• The qualified voters shall, at the same time andj££*
in like manner, elect one person in each ward to be
an assistant assessor, who shall be a resident of
said ward ; and it shall be the duty of the persons
so chosen to furnish the assessors with all neces-
sary information relative to persons and property
taxable in their respective wards, and they shall
be sworn to the faithful performance of their duty.
The persons to be chosen by the city council as Assessors,
assessors, shall constitute the board of assessors,
and shall exercise the powers and be subject to
the duties and liabilities of assessors in towns.
All taxes shall be assessed, apportioned and col- comica^
lected in the manner prescribed by law relative to further pro-
town taxes: 'provided, however, that it shall be collection of
lawful for the city council to establish further and
additional provision for the collection thereof.
Should there fail to be a choice of overseers of JJ^^g
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 Hi"hways-
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
make complaint to the county commissioners of c°om^is-y
the county of Norfolk, at any meeting held within sloners-
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-
1 Vacancies, how filled. Act of 1857, chap. 266.
14 CITY CHARTER.
ages by selectmen, in the twenty-fourth chapter of
the Revised Statutes.
Health. Sect. 13. All power and authority now by law
vested in the board of health for the town of
Roxbury, or in the selectmen of said town, shall
be transferred to, and invested in the city council,
to be carried into execution in such manner as the
city council shall deem expedient.
common Sect. 14. The city council shall have authority
Sewers. . J . •>
to cause drams and common sewers to be laid
down through any street or private lands, paying
the owners such damages as they may sustain
thereby ; and to require all persons to pay a rea-
sonable sum for the privilege of opening any drain
into said public drain or common sewer,
inspection of And the city council may make by-laws, with
Lumber, &c. gu^akie penalties, for the inspection, survey, meas-
urement and sale of lumber, wood, coal and bark,
brought into the city for sale.
prosecutions Sect. 15. All fines, forfeitures and penalties,
city Laws, accruing for the breach of any by-laws of the city
of Roxbury, or of any of the ordinances of the city
council, or of any of the orders of the mayor and
aldermen, may be prosecuted for and recovered
before any justice of the peace in said city of Rox-
bury, by complaint or information in the name of
the Commonwealth, in the same way and manner
in which other criminal offences are now prose-
cuted before the justices of the peace within this
Commonwealth ; reserving, however, in all cases,
to the party complained of and prosecuted, the
right of appeal to the court of common pleas,
then next to be held in the county of Norfolk,
from the judgment and sentence of any justice of
the peace.
And the appeal shall be allowed on the same
terms and the proceedings be conducted therein in
the same manner as provided in the one hundred
and thirty-eighth chapter of the Revised Statutes
of this Commonwealth.
And it shall be sufficient in all such prosecutions
to set forth in the complaint the oifence fully,
plainly, substantially, and formally, and it shall not
CITY CHARTER. 15
be necessary to set forth such by-law, ordinance,
or order, or any part thereof.
All fines, forfeitures and penalties so recovered
and paid, shall be paid to the treasurer of the
city of Roxbury, and shall enure to such uses as
said city council shall direct.
When any person upon any conviction before a
justice of the peace, for any breach of any by-law
of said city of Roxbury, or any of the ordinances
of the city council, or any of the orders of the
mayor and aldermen, shall be sentenced to pay a
fine, or ordered to pay any penalty or forfeiture,
provided by any such by-law, ordinance or order,
or upon claiming an appeal, shall fail to recognize
for his appearance at the court appealed to, and
there to prosecute his appeal and to abide the
sentence or order of the court thereon, and in the
mean time to keep the peace and be of good 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-
ed annually, in the month of October, to meet inalves
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^°°ede^!fra
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 re spec- federal11
tive wards, at the time fixed bylaw for these officers'
elections respectively ; and at such meetings all the
votes given for said several officers respectively,
shall bo assorted, counted, declared and registered
10 CITY CHARTER.
in open ward meeting, by causing the names of all
persons voted for, and the number of votes given
for each, to be written in the ward record in words
at length. The ward clerk shall forthwith deliver
to the city clerk a certified copy of the record of
such elections. The city clerk shall forthwith
record 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
aldermen, 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.
Vetera 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.
Meeting of Sect. 19. General meetings of the citizens
the citizens. o
qualified to vote, may, from time to time, be held,
to consult upon the public good ; to instruct their
representatives, and to take all lawful measures to
obtain redress for any grievances, according to the
right secured to the people by the Constitution of
this Commonwealth. And such meetings may and
shall be duly warned, by the mayor and aldermen,
upon the requisition of fifty qualified voters.
CITY CHARTER. 17
Sect. 20. For the purpose of organizing the ?"?* ors^-
. r i ° " izatlun of the
system oi government hereby established, and put- city Govem-
ting the same into operation in the first instance, mt
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 hereinbefore
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,
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
3
18
CITY CHARTER
Power of
the City
Council to
make
By-Laws.
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, hoioever, 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.
Annual town Sect. 22. The annual town meeting for the
suspended, town of Roxbury, which by law is required to be
tow'i/officers held in the month of March, or April, is hereby
tohoid over, suspend^ and all town officers now in office,
shall hold their places until this act shall go into
operation ; and in case this charter shall not be
accepted in the manner and form as hereinafter
provided, then the selectmen shall issue their
warrant according to law, for holding the annual
town meeting of the inhabitants, in which all the
proceedings shall be the same as if this act had
not been passed.
Sect. 23. AIL officers of the town of Roxbury,
having the care and custody of any records, papers
• CITY CHARTER. 19
or property belonging to said town, shall deliver Delivery, &c.
i i •> • i i • i e °* Records
the same to the city clerk, within one week alter to citycierk.
liis entering upon the duties of his office.
Sect. 24. All such acts, and parts of acts, as Repeal of
are inconsistent with the provisions of this act, provisions"
shall be, and the same are hereby repealed.
Sect. 25. Nothing in this act contained shall legislature
O # may alter
be so construed as to prevent the Legislature and amend
from altering or amending the same, whenever
they shall deem it expedient.
Sect. 26. This act shall be void, unless the Ac.V0 b.e
; void unless
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 when to
from and after its passage.
[Passed March 12, 1846.]
20 ACCEPTANCE OF THE CHARTER.
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.
Art. 1. John J. Clarke, Esq., was chosen Moderator.
The Town voted that the Poll be closed at six o'clock
this day.
Art. 2. The qualified voters were called upon by the
Moderator to bring in their ballots, Yea or Nay, for the
acceptance or rejection of the Act of the Legislature to
" Establish the City of Roxbury."
The same being sorted and counted, it appeared that
the whole number of ballots given in was one thousand
and twenty-eight.
Eight hundred and thirty-six Yeas.
One hundred and ninety-two Nays.
Whereupon the Moderator then declared that the " Act
to Establish the City of Roxbury," had been accepted by
the people.
The Meeting was then dissolved.
A true Record.
Attest : NATH'L. S. PRENTISS, Town Clerk.
August 31, 1846. A true copy from the Record.
JOSEPH W. TUCKER, City Clerk.
AMENDMENT.
COMMONWEALTH OF MASSACHUSETTS.
In the Year One Thousand Eiglit 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 in
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
inspectors, is hereby repealed.
Sect. 3. Any vacancy in the office of overseer of the
poor, assistant assessor, or school committee, may be filled
in the manner provided in the sixth section of that act to
which this is in addition, for 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
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.
22 AMENDMENT.
Sect. 5. The said ma)Tor 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 clays
before the time of said meetings and within thirty days
after the passage of this act.
Sect. 7. The mayor and ward officers chosen under
this act, shall hold their respective offices for one year, and
until others shall have been chosen in their places and
qualified to act.
Sect. 8. This act shall take effect from and after its
passage.
[Approved by the Governor, Feb. 12, 1850.]
ACCEPTANCE OF THE AMENDMENT. 23
ACCEPTANCE OF THE AMENDMENT.
In Board op Aldermen, Feb. 25, 1850.
Ordered, That Aldermen Young- and Ward be a com-
mittee to examine the returns of votes from the several
wards, as given in this day upon an amendment to the City
Charter, who subsequently reported as follows :
The Special Committee to whom was referred the re-
turns of votes from the several wards, as given in this day
upon an amendment to the City Charter, entitled "An Act
in addition to an Act to Establish the City of Roxbury,"
passed February 12, 1850, submit the following report:
The whole number of ballots given in the several wards
was one hundred and twenty-four.
For the amendment to the City Charter, one hundred
and fifteen ; against the amendment, nine.
No return was received from Ward Seven.
C. YOUNG, > „
R. WARD, \ Committee.
Report read and accepted, and the amendment declared
to be adopted.
A true copy from the Record.
Attest, JOSEPH W. TUCKER, City Clerk.
AMENDMENT.
COMMONWEALTH OF MASSACHUSETTS
In tne Year One Thousand Eight Hundred and Fifty-Two.
AN ACT in further 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 number of wards of said city shall be five,
and each ward respectively, shall embrace the same terri-
tory as at present, unless altered as hereinafter provided.
It shall be the duty of the city council, once in five years,
to revise, and, if it be needful, to alter said wards in such
manner as to preserve, as nearly as may be, an equal num-
ber of voters in each ward.
Sect. 2. The second section of the said act, entitled
"An Act to establish the City of Roxbury," is hereby so
far amended, that from and after the election of the five
additional common councilmen for the current municipal
year, whose election is hereinafter provided for, the council
called the common council, shall consist of twenty.
, Sect. 3. The mayor and eight aldermen, one alderman
to be selected from each ward, and three aldermen from
the city at large, shall be elected annually, by the qualified
voters of the city at large, voting in their respective wards,
and four common councilmen shall be elected annually from
and by the voters of each ward, who shall be residents of
the wards in which they are elected ; all of said 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
AMENDMENT
25
of December annually, and shall enter upon the duties of
their respective offices on the first Monday of January each
year.
Sect. 4. There shall be elected, at such time in the
month of February or March, of the present year, as the
mayor and aldermen shall appoint, by the qualified voters
of the city at large, voting in their respective wards, three
aldermen from the city at large, in addition to those already
elected from wards, and one common councilman shall be
elected from and by the voters of each ward, in addition
to those already elected ; and the common councilmen so
elected shall be residents of the wards in which they are
elected ; all of said officers shall be chosen by ballot, and
shall enter upon the duties of their respective offices as
soon as may be after their election, and shall hold their
respective offices until the first Monday of January next j
and in 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 herewith,
are hereby repealed.
Sect. 7. This act shall take effect from and after its
passage.
[Approved by the Governor, Feb. 11, 1852.]
26 ACCEPTANCE OF THE AMENDMENT.
ACCEPTANCE OE THE AMENDMENT.
EXTRACT FROM THE RECORDS OF THE CITY OF ROXBURY.
At a meeting of the Inhabitants of the City of Roxbury,
qualified to vote in elections, duly warned and legally
assembled at the City Hall in said city, on Monday, the
twenty-third day of February, 1852.
Art. 1. Laban S. Beecher, Esq., was chosen Moderator.
It was voted that the Poll be closed at 7 o'clock.
Art. 2. The qualified voters were called upon by the
Moderator to bring in their ballots, Yea or Nay, for the
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
Concerning 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 folloivs :
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.]
28 STATE LAWS
AN ACT
Relating to a Public Cemetery in the City of Roxbury.
Be it enacted, Sfc, as follows :
Sect. 1. The City Council of Roxbury is hereby author-
ized to elect, by joint ballot in convention, a Board of five
Commissioners, for the term of five years, who shall have
the sole care, superintendence and management of the
Rural Cemetery, established by said City Council ; one
member of which board shall go out of office each year,
and one member shall be chosen annually in the month of
March : but said board or either member thereof, after
having had an opportunity to be heard in his or their de-
fence, 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, resignation, removal or otherwise, such vacancy shall
be filled by the choice of another Commissioner in the man-
ner aforesaid, who shall hold his office for the residue of the
term for which such member, so deceased, resigned or re-
moved, 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 Com-
missioners 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 Commission-
er next chosen, shall hold his office for three years ; the
Commissioner next chosen, shall hold his office for two
years ; and the Commissioner next chosen, shall hold his
office for one year.
Sect. 2. The said Board of Commissioners shall set
apart and appropriate a portion of said Cemetery as a pub-
lic burial-place for the use of the inhabitants of the City of
Roxbury, free of any charge therefor ; and they shall lay
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
STATE LAWS. 29
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 Cemetery,
upon such terms and conditions as they shall by their rules
and regulations prescribe.
Sect. 4. The proceeds of sales of lots or rights of burial
in said Cemetery, shall be paid into the city treasury, to be
kept separate from any other funds of the city, and subject
to the order of said Commissioners, and such proceeds
shall be devoted to the liquidation of the debt incurred in
the purchase of the land for said Cemetery, and to the
improvement and embellishment thereof, as aforesaid, under
the direction of said Board of Commissioners. And no other
moneys shall be appropriated from the city treasury by the
City Council, for such improvement and embellishment.
Sect. 5. Said Board of Commissioners shall annually,
in the month of February, and whenever required by the
City Council, make and render a report in writing of all
their acts and proceedings, and of the condition of the
Cemetery, and an account of the receipts and expenditures
for the same, and the funds subject to their order.
Sect. 6. This act shall be void unless the City Council
of Roxbury shall accept the same at a meeting of said
City Council, called for that purpose, within thirty days
after its passage.
Sect. 7. This act shall take effect from and after its
passage.
[Approved by the Governor, March 24, 1848.]
[Accepted by the City Council.]
30 STATE LAWS
AN ACT
In Addition to an Act relating to a Public Cemetery in the
City of Roxbury.
Be it enacted, fyc7 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 thousand
eight hundred and forty-eight, are authorized to take and
hold any grant, donation, or bequest of property, upon
trust, to apply the same, or the income thereof, for the
improvement or 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 proprietor
of any lot in said Cemetery, for the annual repair, preser-
vation or embellishment of such lot and the erections there-
on, the said Commissioners may give to such proprietor,
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
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
STATE LAWS. 31
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, Sfc., as follows :
Sect. 1. When any town or private way shall be laid
out, altered, or widened, by Selectmen or County Com-
missioners, 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
to have relinquished his right thereto for the benefit of the
town, if said way be a town way ; and if said way be a
private way, for the benefit of such person or persons as
said Selectmen or County Commissioners shall determine.
Sect. 3. If a jury shall be ordered to assess the dam-
ages done by the location, alteration or widening of such
way, they may extend the time for the owner of the land
to remove his trees, fences and other property as aforesaid ;
32 STATE LAWS.
and if the owner shall neglect to remove the same within
such extended time, he shall be deemed to have relinquish-
ed 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, fyc, 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
Roxbury 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
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 Roxbury, except in the performance of military duty,
as to them may seem needful or expedient.
Sect. 4. Any gunpowder had and kept in said city, or
transported in and through the same, except in the per-
formance of military duty, or under a license, as herein-
before provided, may be seized by any Engineer of the Fire
. ST -ATE LAWS. 33
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.1
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 hereinbefore 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.]
AN ACT
Relating to Town and County Roads.
Be it enacted, Sfc, 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
1 See additional Act of May 3, 1855.
STATE LAWS
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, fyc, 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.]
AN ACT
Concerning the Erection of Balustrades upon Buildings in
Cities.
Be it enacted, 6fc, 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
STATE LAWS. 35
been published at least sixty clays 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, fyc. , 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
manner which they may prescribe, or through the agency
of any persons to whom they may delegate the same, not-
withstanding a personal exercise of the same, collectively
or individually, is prescribed in the instance of towns, as
above referred to. And City Councils are hereby author-
ized to constitute either branch, or any committee of their
number, whether joint or separate, the Board of Health for
all, or for particular purposes, within their own cities.
Sect. 3. Whenever any nuisance, source of filth, or
cause of sickness, shall be found on private property, with-
in any city, the Board of Health, or Health Officer, shall
order the owner or occupant thereof to remove the same,
at his own expense, within twenty-four hours, or such other
time as they shall deem reasonable, after notice served as
provided in the succeeding section ; and if the owner or
occupant shall neglect so to do, he shall forfeit a sum not
exceeding twenty dollars for every clay 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
36 STATE LAWS.
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 sidcness.
Sect. 6. All expenses incurred by any town or city in
the removal of nuisances or for the preservation of the pub-
lic health, and which are recoverable of any private person
or corporation, by virtue of any provisions of law, may be
sued for and recovered in an action of debt, before any
court having jurisdiction of the amount claimed.
Sect. 7. All fines and forfeitures incurred under the
general laws, or the special laws applicable to any town or
city, or the ordinances, by-laws and regulations of any
town or city, relating to health, shall enure to the use of
such town or city ; and may be recovered by complaint, in
the name of the Treasurer, before any Justice of the Peace
of the county, or Police Court of the city in which the
offence may be 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.]
STATE LAWS, 37
AN ACT
In Relation to the Laying out of Highways and other
Ways.
Be it enacted, c5*c, 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 discontinuing of any way, which laying out, altering, or
discontinuing shall take place after the passage of this act,
shall be drawn in question, the time limited for applications
for a jury, to assess the damages caused by such laying
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 discontinuance.
[Approved by the Governor, May 2, 1849.]
AN ACT
In Relation to Railroad Crossings.
Be it enacted, tj'c, as folloivs :
Sect. 1. The application now required by the eightieth
section of the thirty-ninth chapter of the Revised Statutes
to be made by Selectmen to County Commissioners, in the
matter of a crossing, by a railroad, of any turnpike, high-
way or town way, may, when said crossing is within the
limits of the City of Boston, be made, by any two 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
38 STATE LAWS.
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 Avhenever 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
the same crosses such railroad, instead of across said rail-
road.
Sect. 4. The original jurisdiction of all questions touch-
ing obstructions to turnpikes, highways, or town ways,
caused by the construction or operation of railroads, shall
be vested in the County Commissioners of their respective
counties wherein such obstructions shall occur.
Sect. 5. The Supreme Judicial Court shall have juris-
diction in equity, and may compel Railroad Corporations
to raise or lower any turnpike, highway, or town way,
when the County Commissioners have decided, or may de-
cide, in due and legal form, that such raising or lowering
of any such way is necessary for the security of the public,
and to compel Railroad Corporations to comply with the
orders, decrees and judgments of County Commissioners,
in all cases touching obstructions, by railroads, in any of
said ways.
[Approved by the Governor, May 2, 1849.]
AN ACT
Concerning Truant Children, and Absentees from School.
Be it enacted, fyc, 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 arid 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
STATE LAWS. 39
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.
Sect. 2. The several cities and towns, availing them-
selves of the provisions of this act, shall appoint, at the
annual meetings of said towns, or annually by the Mayor
and Aldermen of said cities, three or more persons, who
alone shall be authorized to make the complaints, in every
case of violation of said ordinances or by-laws, to the Jus-
tice of the Peace, or other judicial officer, who by said
ordinances shall have jurisdiction in the matter ; which
persons, thus appointed, shall alone have authority to carry
into execution the judgments of said Justices of the Peace,
or other judicial officers.
Sect. 3. The said Justices of the Peace, or other judi-
cial officers, shall in all cases, at their discretion, in place
of the fine aforesaid, be authorized to order children prov-
ed before them to be growing up in truancy, and without
the benefit of the education provided for them by law, to
be placed, for such periods of time as they may 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. J
AN ACT
Providing for the Appointment of Police Officers.
Be it enacted, fyc, as follows :
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
40 STATE LAWS.
the said Police Officers shall hold their offices daring the
pleasure of the Mayor and Aldermen, and Selectmen, by
whom they are respectively appointed.
[Approved by the Governor, May 15, 1851.]
AN ACT
Relating to the Erection and Use of Buildings for Stables
and Bowling Alleys.
Be it enacted, &fc., as follows :
Sect. 1. If any person shall erect, occupy or use any
building, in any city or town, for a stable for more than
four horses, or for a bowling alley, except in such parts of
such 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, &fc., 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
STATE LAWS. 41
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 said city,
require ; and if the owners of such, abutting lots shall, after
reasonable notice given by the said Mayor and Aldermen,
neglect or refuse to grade such street or way in manner
aforesaid, or to close the same from the public, if the same
shall not have been dedicated to the public use, it shall be
lawful for the said Mayor and Aldermen to cause the same
to be graded as aforesaid, and the expense thereof shall,
after due notice to the parties interested, be equitably
assessed upon the owners of such abutting lots, by the said
Mayor and Aldermen, in such proportions as they shall
judge reasonable ; and all assessments so made shall be a
lien upon such, abutting lands, in like manner as taxes are
now a lien upon real estate ; provided, always, that nothing
contained in this act shall be construed to affect any agree-
ments 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 way shall hereafter be opened as
aforesaid in said city, of a less width than thirty feet,
except with the consent of said Mayor and Aldermen, in
writing, first had and obtained for that purpose.
Sect. 3. This act shall take effect in thirty days from
the passing thereof, unless the City Council of said city
shall within that time vote not to accept the same.
[Approved by the Governor, April 12, 1853.]
AN ACT
In Relation to the Grades of certain Streets and Ways.
Be it enacted, fyc, as follows :
Sect. 1. When any street or way, which now is, or
hereafter shall be opened, in any city or town which shall
G
42 STATE LAWS.
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 clue notice to the parties interested, be equitably
assessed upon the owners of such abutting lots, by the
said Mayor and Aldermen, or Selectmen, in such propor-
tions as they shall judge reasonable ; and all assessments
so made shall be a lien upon such abutting lands, in the
same manner as taxes are now a lien upon real estate ;
provided, always, that nothing contained in this act shall
be construed to affect any agreements heretofore made,
respecting any such streets or ways as aforesaid, between
such owners and any city or town ; -provided, also, that
any such grading of any street or way, by the Mayor and
Aldermen, or Selectmen, as aforesaid, shall not be con-
strued 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 procure-
ment of such Mayor and Aldermen, or Selectmen, shall not
be construed to be a dedication to the public use of any such
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,
before 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 bo 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
STATE LAWS. 43
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 within
two years after the grade thereof is established and record-
ed. The establishing and recording of the grade of any
street or way as aforesaid, shall not be considered an ac-
ceptance 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, fyc, as follows :
Sect. 1. In all elections hereafter holden for the choice
of town, city, or county officers, by the people, the person
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.]
44 STATE LAWS.
AN ACT
In Relation to Prosecutions for Fines enuring to the Use
of Cities.'
Be it enacted, <§'c, 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 inclosure
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, 1854.1
AN ACT
To Regulate the Sidewalks in the City of Roxbury.
Be it enacted, fyc, as follows :
Sect. 1. Whenever the Mayor and Aldermen of the
City of Roxbury shall deem it expedient to construct side-
walks in any of the streets or portions of streets in said
city, they are hereby empowered and authorized to furnish
such edgestones as may be required therefor, the abuttors
bearing 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
sidewalks with brick, flat stones or plank, the same shall
be made, and the expense of the above-named ' materials
shall be assessed upon the 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 desig-
nate, then such amount or amounts shall be recovered by an
action of contract to be brought by the Mayor and Alder-
STATE LAWS, 45
men of said city, or by any other person or persons duly
authorized for the purpose, before any tribunal or court
having competent jurisdiction in the premises.
Sect. 2. This act shall take effect from and after its
passage.
[Approved by the Governor, March 26, 1S55.]
AN ACT
To establish a Police Court in the City of Roxbury.
Be it enacted, §°c, 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 which may now or at any time
hereafter be. heard, tried and determined before any Jus-
tice 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
jurisdiction of the Court of Common Pleas shall not be
affected by this act. The said Court shall have original and
concurrent jurisdiction, with Justices of the Peace, in said
County of Norfolk, over all crimes, offences and misdemean-
ors, 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 arc now allowed bylaw 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
46 STATE LAWS.
amount of which, if above that sura, 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, Sundays,
Christmas, the Fourth of July, and public days of Thanks-
giving and Fast excepted, at nine of the clock in the fore-
noon, and as much oftener as may be necessary, to take
cognizange 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.
Sect. 6. The Justice of said Court shall keep a fair
record of all proceedings in said Court, and shall make
return to the several Courts of all legal processes and of his
doings therein in the same manner as Justices of the Peace
are now by law required to do ; and he shall also annually,
in the month of December, exhibit to the City Council of
said City of Eoxbury, a true and faithful statement of all
moneys received by him as fees.
Sect. 7. All fines and forfeitures and all costs in crim- .
inal prosecutions in said Court shall be received by said
Justice, and shall be by him accounted for and paid over to
the same persons in the same manner and under the same
penalties as are by law prescribed in the case of Justices
of the Peace. All costs in such prosecutions not thus
received shall be made up, taxed, certified and allowed,
and shall be paid in like manner as is provided in case of
Justices of the Peace.
Sect. 8. All fees and charges of said Justice, both in
civil and criminal proceedings, shall be received by him,
and by him accounted for and paid to the Treasurer of said
City of Roxbury, quarterly.
Sect. 9. The jurisdiction of said Police Court shall not
S T A T E LAWS. 47
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.
Sect. 12. The Governor shall have power, by and with
the advice and consent of the Council, to appoint said
Standing and Special Justices at any time after receiving-
notice of the acceptance of this act by the City Council of
Roxbury.
Sect. 13. The City Council of Roxbury may, whenever
the business of said Court shall, in the judgment of said
Council, require it, elect, by concurrent vote, a suitable
person to act as Clerk of said Court. Such Clerk, when
determined on, shall be chosen annually, and shall be sworn
to the faithful 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
determine, with surety or sureties to the acceptance of the
City Treasurer, with condition for the faithful performance
of the duties of his office. Said Clerk shall not be retained
or employed as counsel or attorney in any suit, complaint,
or other proceeding whatever before said Court, nor in any
which shall have been heard and tried or examined therein.
Said Clerk, when chosen, shall perform all the duties
required of said Standing Justice by sections six, seven
and eight of this act. In case of the death or absence of
said Clerk after he shall have been chosen, the Court shall
appoint a Clerk pro tempore, who shall act until the Stand-
ing Clerk shall resume the duties of his office, or another
4.8 STATE LAWS.
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.]
AN ACT
Regulating the Use of Steam Engines and Furnaces.
Be it enacted, fyc, 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 Alder-
men 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 materials
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 appli-
cation, 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 ©r furnace
heretofore erected, or in use, and a hearing of the matter,
shall adjudge the same to be dangerous, or a nuisance to
STATE LAWS. 49
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
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
Selectmen 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 clays beforehand,
in such manner as said Mayor and Aldermen, or Selectmen,
may direct, and at the expense of the applicant, in order
that all persons interested may be heard before the grant-
ing of a license.
Sect. 6. Any owner of a steam engine or furnace,
aggrieved by any such order, as provided in section second
of this act, may apply to the Court of Common Pleas, if
sitting in the county in which such engine or furnace is
situated, 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
provided in the twenty-fourth chapter of the Revised Stat-
utes, in regard to the laying out of highways ; such appli-
cation shall be made within three days after such order is
7
50 STATE LAWS.
served upon the said owner; and the said jury shall be
impannelled 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 such engine
or furnace, until the final determination of said application
by the jury and court to which such verdict maybe returned.
Sect. 8. The jury shall find a verdict either affirming
or annulling the said order in full, or making alterations
therein, as they may see fit ; which verdict shall be return-
ed to the next term of the said Court by the Sheriff for
acceptance, in like manner as in the case of highways, and
which verdict being accepted, shall be binding to the same
effect as the original order would have been without such
appeal.
Sect. 9. If the verdict shall affirm such order, costs
shall be recovered by the city or town against such appli-
cant ; if the verdict shall annul such order in whole,
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 judgment as
to costs, as to justice shall appertain.
Sect. 10. This act shall not be in force in any town or
city, unless the inhabitants of the town or the City Council
of the city, shall adopt the same at a legal meeting of said
inhabitants or City Council called for that purpose.
Sect. 11. This act shall take effect from and after its
passage.
[Approved by the Governor, April 25, 1845.]
[Adopted by the City Council, April 30, 1855.]
AN ACT
Relating to the By-Laws of Cities and Towns.
Be it enacted, fyc, as follows :
Whenever the inhabitants of any town, or the City
Council of any city, in this Commonwealth, shall, in any
lawful by-law, impose a duty, and shall affix a penalty for
STATE LAWS. 51
neglect or refusal to perform the same, they may also pro-
vide that the said duty, in case of such neglect and refusal,
may be performed by officers named in such by-law, at the
expense of the party liable, which may be recovered by
action of contract, in the name of any such city or town,
in any court competent to try the same. But the amount
recovered shall never exceed the amount of the penalty
fixed in such by-law.
[Approved by the Governor, May 3, 1855.]
AN ACT
In addition to an Act to Regulate the Storage and Trans-
portation of Gunpowder in the City of Roxbury.
Be it enacted, fyc, 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 ACT
In Relation to Offensive Trades.
Be it enacted, &fc, 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
0-i STATE LAWS.
attended by noisome or injurious odors, or otherwise inju-
rious to their estates ; and they may forbid the exercise
of cither of them in places not so assigned; and the said
board may also forbid the exercise of such trade or employ-
ment within the limits of the city or town, or in any particular
locality thereof.
Sect. 2. All orders of the Board of Health, as provided
in the first section, shall be served upon the occupant of the
place where such trade or employment is exercised, or
upon any person having charge thereof; and in case of
neglect or refusal to obey such order within twenty-four
hours after the said service, by such occupant or other
person, they and each of them shall be liable to a fine
of not less than fifty dollars, nor more than five hundred
dollars, 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 impannelled
by the Sheriff in the same manner as is provided in the
twenty-fourth chapter of the Bevised 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 impannelled 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 affirming
or annulling the said order in full, or making alteration
therein, as they may see fit, which verdict shall be returned
to the next term of the said Court by the Sheriff, for
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. 6. If the verdict shall affirm such order, costs
shall be recovered by the city or town against such appli-
S T ATE L iWS. 06
cant ; 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 judgment, as to costs,
as to justice shall appertain.
Sect. 7. This act shall take effect from and after its
passage ; but it shall not be in force in any city or town,
unless the inhabitants of such town, or the City Council of
such city, shall adopt the same at legal meetings.
[Approved by the Governor, May 18, 1855.]
[Adopted by the City Council, July 16, 1855.]
AN ACT
For the Suppression of certain Common Nuisances.
Be it enacted, Sfc, as follows :
Sect. 1. All buildings, places, or tenements, used as
houses of ill fame, resorted, to for prostitution, lewdness,
or for illegal gaming, or used, for the illegal sale or keep-
ing of intoxicating liquors, are hereby declared to be com-
mon nuisances, and are to be regarded and treated as such.
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 premi-
ses, 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
54 STATE LAWS.
to enter into the same recognizance now provided by the
one hundred forty-second chapter of the laws of eighteen
hundred and forty-eight.
Sect. 4. If any person shall knowingly let any building
or tenement, owned by him. or under his control, for any of
the purposes in the first section of this act enumerated, or
shall knowingly permit any such building or tenement, or
any part thereof, to be so used while under his control,
or shall, after due notice of any such use of said building
or tenement, omit' to take all reasonable measures to eject
the said person or persons from said premises, as soon as
the same may lawfully be done, he shall be deemed and
taken to be guilty of aiding in the maintenance of such
nuisance, and be punished by a fine of not less than one
hundred, nor more than one thousand dollars, or by impris-
onment in the county jail not less than thirty days, nor more
than six months.
[Approved by the Governor, May 19, 1855.]
AN ACT
Concerning the Election of Civil Officers.1
Be it enacted, 6fc.} 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 elected
cannot be completed, the candidates having such equal
number of votes, shall be deemed not to be elected.
1 Does not apply to representative bodies of men. Act 1857, ch. 185.
STATE LAWS. 55
Sect. 3. All acts or parts of acts, inconsistent herewith,
or with the fourteenth article of the amendments to the
Constitution of Massachusetts, arc hereby repealed.
[Approved by the Governor, May 5, 1856.]
[Chapter 171 of the Acts of 1857, relates to the returns
of Elections for National, State and County Officers.]
AN ACT
Relating' to the Fire Department of the City of Roxbury.
Be it enacted, c^'c, as follows :
Sect. 1. The Engineers of the Fire Department of the
City of Roxbury, shall have the same authority in regard
to the prevention and extinguishment of fires, and the per-
formance of other offices and duties, as are now conferred
upon fire-wards, by the statutes of this Commonwealth.
Sect. 2. The said Engineers shall have authority, in
compliance with any ordinance of said city, to make an
examination of places where shavings and other combustible
materials are deposited, and to require the removal of such
materials, or the adoption of suitable safeguards against
fire. And the City Council of said city, are hereby author-
ized to make suitable ordinances, on the subject referred
to in this section, and to annex penalties, not exceeding
twenty dollars, for the breach thereof.
Sect. 3. Nothing in this act contained, shall be con-
strued as taking away any right, power or authority now
given by law to the Engineers, or other officers of said Fire
Department.
Sect. 4. This act shall be void, unless the City Council
of said city, shall, by a concurrent vote, accept the same
within sixty days from and after its passage.
[Approved by the Governor, May 18, 1857.]
[Accepted by the City Council, July 6, 1857.]
5G STATE LAWS.
AN ACT
Concerning Vacancies in School Committees.
Be it enacted, Sfc, as follows :
Sect. 1. Whenever any member or members of the
School Committee of any city or town shall decline further
service, or from change of residence or otherwise, shall
become unable to attend to the duties of said board, the
remaining members thereof shall, in writing, give notice of
the fact to the Selectmen of the town, or to the Mayor and
Aldermen, if it be a city; the two boards shall, then, after
giving public notice of at least one week, proceed, by joint
ballot, to fill such vacancy, or vacancies j and a majority of
the ballots of all persons entitled to vote shall be held to
be necessary to a choice at such election.
Sect. 2. The same proceedings as above prescribed
shall be had in case of a vacancy caused by the refusal of
any person, elected as member of any School Committee,
to accept said office, after having been notified of such
election according to the two hundred and eighty-third
chapter of the acts of eighteen hundred and fifty-three ;
and in case all the persons elected as members of the
School Committee, shall, after such due notice, decline ac-
cepting said office, or having accepted thereof, shall after-
wards decline further service, the Selectmen, or the Mayor
and Aldermen, shall, after giving due public notice, proceed,
by ballot, to elect a new board ; and the votes of a major-
ity of the entire Board of Selectmen, or of Mayor and
Aldermen, shall be necessary to an election.
Sect. 3. Any person elected in accordance with the
provisions of this act, shall have the same powers and
duties as if he had been chosen a member of the School
Committee in any other legal manner: provided, however,
that in all cases the term of service of such member shall
end with the municipal or official year in which he may be
chosen ; and if the vacancy was in the first instance for a
longer period, it shall at the first annual election after the
occurrence of said vacancy, be filled in the manner pre-
scribed for original elections to the School Committee.
Sect. 4. Chapter one hundred and forty-four of the
acts of eighteen hundred and forty-nine ; chapter three
STATE LAWS. 57
hundred and nine of the acts of eighteen hundred and fifty-
one ; chapter one hundred and one of the acts of eighteen
hundred and fifty-six, and all acts and parts of acts incon-
sistent with the provisions of this act, are hereby repealed.
Sect. 5. This act shall take effect from and after its
passage.
[Approved by the Governor, May 30, 1857.]
AN ACT
To provide for the Preservation of Books, Reports and
Laws, received by Cities and Towns from the Common-
wealth.
Be it enacted, fyc, as follows :
Sect. 1. It shall be the duty of the City G-overnment of
the several cities, and of the Selectmen of the several
towns in this Commonwealth, to provide at the expense of
such cities and towns, some suitable cabinet or book-case,
for the safe preservation of such books, reports and laws,
as said cities and towns may receive from the Common-
wealth.
Sect. 2. For every month that any city or town shall
neglect to fulfil the requirements of this act, it shall forfeit
and pay the sum of ten dollars, one half of which penalty
shall be paid to the complainant, and one half to the Com-
monwealth.
Sect. 3. This act shall go into effect on the first day of
July next.
[Approved by the Governor, March 26, 1858.]
CITY ORDINANCES.
[No. l.]
AN ORDINANCE
Prescribing the manner of Recording the Ordinances of
the City.
Be it ordained by the City Council of the City of Rox-
bury, as follows :
Sect. 1. All ordinances which shall be passed by the
Mayor and Aldermen and Common Council of said city,
shall be engrossed or recorded by the City Clerk, in a fair
and legible hand, without interlineation or erasure, in the
order in which they shall pass to be ordained, in a book to
be kept for that purpose, made of strong linen paper, with
proper margins and index, to be lettered " Record of Ord-
inances of the City of Roxbury."
Sect. 2. Said Book of Records shall be preserved in
the office of the City Clerk, subject to the inspection of
the citizens.
[Passed May 18, 1846.]
[No. 2.]
AN ORDINANCE
Concerning the Form of Warrants, and the Service and
Return thereof.
Be it ordained, fyc, as follows :
Sect. 1. The form of Warrants for calling meetings of
the citizens of the several Wards shall be as follows, viz :
60 CITY ORDINANCES.
dL.s.| City of Roxbury.
mM
To either of the Constables of the City of Roxbury,
Greeting : In the name of the Commonwealth of Massa-
chusetts, you are hereby required, forthwith, to warn the
inhabitants of Ward No. , qualified as the law directs,
to assemble at , on the day of , at —
o'clock — . M., then and there to . Hereof
fail not, and have you there then this Warrant, with your
doings thereon.
Witness, , Mayor of our said City of
Roxbury, the day of , in the year of our Lord
one thousand eight hundred and .
By order of the Mayor and Aldermen.
■ , City Clerk.
Sect. 2. All Warrants for calling meetings of the citi-
zens of the several Wards, which shall be issued by the
Mayor and Aldermen, shall be served by any Constable of
the City, and returned to the Wardens of the several
Wards in the said City, on or before the time of meeting
of the citizens of said Wards, therein specified,
Sect. 3. The form of Warrants for calling meetings of
the inhabitants of the City of Roxbury, shall be as follows,
to wit :
?L.s.g City of Roxbury.
ckruv€
To the Constables of the City of Roxbury, Greeting : In
the name of the Commonwealth of Massachusetts, you are
hereby required forthwith to warn the inhabitants of the
City of Roxbury, qualified as the law directs, to assemble
at , on the day of , at o'clock, — . M.,
then and there to .
Hereof fail not, and have you then there this Warrant,
with your doings thereon.
Witness, , Mayor of our City of Roxbury,
the day of , in the year of our Lord one thou-
sand eight hundred and .
By order of the Mayor and Aldermen.
, City Clerk.
Sect. 4. All Warrants which shall be issued by the
Mayor and Aldermen, for calling meetings of the inhabi-
CITY ORDINANCES. 61
tants of the City, shall be served by any Constable of the
City, and returned to the Mayor and Aldermen, on or be-
fore the meeting of the citizens therein specified.
Sect. 5. It shall be the duty of the Mayor and Alder-
men to fix the time when the poll shall close, as well as
the time for the opening thereof, in the election of all
officers, except ward officers, and insert the same in any
warrant and notification to the inhabitants of such election.
Sect. 6. Each inhabitant, being a legal voter in said
City, shall be notified at his place of residence.
Sect. 1. 9 All Warrants for convening the legal voters
of the City, shall be issued at least seven days before the
time of holding said meeting, and it shall be the duty of
the Constable warning said meeting, to make return thereof,
one day before the holding said meeting.
[Passed May 18, 1846.]
[No. 3.]
AN ORDINANCE
Relating to the Election of certain City Officers.
Be it ordained, §*c, as follows :
Sect. 1. The mode of electing the following officers, to
wit : Surveyors of Highways, Surveyors of Lumber, Meas-
urers of Wood and Bark, Weighers of Hay, Sealers of
Weights and Measures, Field Drivers, Fence Viewers,
Pound Keeper, Tythingmen, Sealers of Leather, and Hog
Reeves, shall be as follows, to wit : They shall first be
elected by the Mayor and Aldermen, and sent down to the
Common Council for its concurrence, rejection or amend-
ment.
[Passed May 18, 1846.]
[No. 4.]
AN ORDINANCE
Authorizing the Appointment and prescribing the Duties
of a City Marshal.
[Repealed by Ord. No. 42 ; but see Ord. No. 45.]
62 CITY ORDINANCES.
[No. 5.]
AN ORDINANCE
Establishing the Office of City Messenger.
Be it ordained, fyc, as follows :
Sect. 1. There shall forthwith, and hereafter in the
month of April annually, be elected by the Board of Alder-
men, and sent down for its concurrence or rejection, to the
Common Council, a suitable person to be styled City Mes-
senger, who shall receive, deliver and execute, all notifica-
tions, summonses and precepts issued by the Mayor, the
President of the Common Council, by the City Council, or
either branch thereof, or by any Committee of the same,
and make due return thereof. He shall prepare and ar-
range the rooms in which the City Council shall hold their
sessions, and attend on either when in session separately ;
and under the direction of the Mayor or City Clerk, shall
provide fuel, lights, and other things necessary for the ac-
commodation of both branches of the City Council or any
Committee thereof. He shall receive and deliver all noti-
fications to officers elected by the City Council, or by the
Mayor and Aldermen, and he shall deliver all notifications
to Committees upon the request of the City Clerk, Clerk
of the Common Council, or Chairman of any Committee.
He shall have the superintendence of the City Hall and the
adjoining rooms, and see that they are kept in good condi-
tion. He shall also prepare the rooms selected for Ward
meetings, and have the same put in good order after said
meetings are adjourned, and he shall at all times be subject
to such further orders and regulations as the City Council
may make. He shall receive for his services such compen-
sation as the City Council shall annually, or from time to
time, allow.
[Passed May 18, 1846.]
CITY ORDINANCES. G3
[No. G.]
AN ORDINANCE
Establishing a System of Accountability in the Expendi-
tures of the City.
Be it ordained, c5*c, as follows :
Sect. 1. There shall be annually appointed by the City
Council, a Joint Standing Committee of Accounts, whose
dut}r it shall be to meet once in a month, and as much
oftener as they shall deem expedient. It shall be their
duty carefully to examine all accounts, claims and demands
against the City, and certify the same to be correct, when
found to be so.
Sect. 2. All accounts and other claims against the City,
for labor done, services performed, or materials of any kind
furnished for the use of the City, under the charge, direc-
tion or superintendence of the Mayor and Aldermen, Over-
seers of the Poor, School Committee, Fire Department, or
any other officer or officers of the City, or by order of the
City Council, or either branch thereof, shall, when present-
ed to said Committee, be accompanied with a certificate of
the Mayor, the President of the Common Council, or the
proper certifying officer of each department, as the case
may be, certifying the same to be correct; otherwise the
same shall not be received or acted upon by said Committee.
Sect. 3. Said Committee shall keep a book, wherein
they shall enter the date and amount of each and every
claim they shall allow, the name of the person to whom the
same shall be allowed, and designating the fund or appro-
priation from which the same shall be paid ; and they shall,
on or before the first Monday in March annually, and when-
ever requested by the City Council, or either branch there-
of, report to the City the whole amount of accounts, claims
and demands allowed.
Sect. 4. No money shall be paid out of the City Treas-
ury, except on orders drawn and signed by the Mayor,
designating the fund or appropriation from which said
orders are to be paid. And the Mayor is hereby author-
ized to draw orders on the Treasurer for the payment of
all accounts, claims and demands allowed by the Committee
of Accounts ; and he shall not draw on the Treasury for the
payment of any account, claim or demand, unless the same
64 CITY ORDINANCES.
shall have been allowed by the Committee of Accounts, nor
shall he draw any order for services rendered or materials
furnished for any department beyond the sum appropriated
by the City Council for the expenses of that department.
Provided, however, that in any case where it is neces-
sary for money to be paid in advance, on contracts made
for work began, but not completed, the Mayor, upon being-
satisfied of such necessity, may draw an order on the City
Treasurer for the amount thus necessary to be advanced ;
-provided, that every such order shall be countersigned by
the City Clerk, who shall enter the same in the schedule
of accounts, which he is required to present to the Com-
mittee on Accounts.
Sect. 5. It shall be the duty of the Treasurer and Col-
lector, to collect and receive all rents which may be due to
the City, and all accounts and other demands against per-
sons indebted to the City, and under the direction of the
Joint Standing Committee on Public Property, to seal and
execute all necessary leases of City land or buildings.
Sect. 6. It shall be the duty of the several departments
and officers of the City, to cause to be delivered to the
City Treasurer for collection, accounts against persons in-
debted to the City; and no department or officer of the
City shall receive payment of any such account, and the
receipt of the City Treasurer shall be deemed the only
sufficient and valid discharge of debts due to the City.
Provided, however, that the Superintendent of the Alms-
house, under the direction of the Overseers of the Poor,
may receive payment for articles sold for cash, in any case
in which the amount sold shall not exceed twenty dollars ;
and in every such case the money received shall, within
one week from the time of payment, be paid to the City
Treasurer, and his receipt therefor shall be forthwith de-
livered to the City Clerk, to be laid before the Committee
on Accounts.
Sect. 7. The City Treasurer shall proceed without de-
lay to collect all accounts which may be delivered to him
for collection; and he shall faithfully account for all
moneys received by him ; and in any case in which he is
unable to obtain an immediate settlement of an account, he
shall report the same to the Mayor and Aldermen, and
follow such directions as they may deem it for the interest
of the City to prescribe. The report of the City Treas-
CITY ORDINANCES. 65
urer, and the directions of the Mayor and Aldermen, in
every such case, shall bo made in writing, and attested
copies of the same shall be furnished by the City Clerk to
the Committee on Accounts.
Sect. 8. It shall be the duty of the Committee on Ac-
counts to audit the account of the City Treasurer, at the
close of each municipal year, and as much oftener as they
may deem expedient; and for this purpose they shall have
access to all books and vouchers in his possession, or in
the possession of the City Clerk, or any other officer of the
City, and they shall in every case report to the City Coun-
cil the result of their examination.
Sect. 9. The City Treasurer and Collector shall give
bonds with sufficient sureties, to the satisfaction of the
Mayor and Aldermen, in the sum of forty thousand dollars,
for the faithful performance of the duties of the said office
of Treasurer and Collector, and that he will truly and
justly account for all moneys that may come into his hands.
Sect. 10. It shall be the duty of the Treasurer to keep
in a neat and methodical style and manner, a complete set
of books, under the direction of the Committee on Ac-
counts ; wherein shall be stated among other things, the
appropriation for each distinct object of expenditure, to
the end that wherever the appropriations for the specific
objects have been expended, he shall immediately commu-
nicate the same to the City Council, that they may be ap-
prized of tlie fact ; and either make a further appropriation
or withhold further expenditure for such object or objects
as they may deem expedient.
[Passed May 18, 1846.]
[No. 7.]
AN ORDINANCE
To preserve the . Public Health, by Regulating the Use of
Chemical Laboratories, and the manufacturing of White
Lead and Red Lead.
Be it ordained, cj'c, as follows :
No person shall hereafter carry on the business, or ex-
ercise the trade or employment of manufacturing acids, or
9
66 CITY ORDINANCES.
other articles usually manufactured in Chemical Laborato-
ries, or White Lead, or Red Lead, within the limits of the
City of Roxbury, in any building which has been or may
hereafter be erected, or in any .place except in such place
or places, and in such buildings now erected, as have here-
tofore been and are now used for the same purpose, unless
licensed so to do by the Mayor and Aldermen of said City ;
and every such license shall specify the place where such
business, trade or employment may be carried on or exer-
cised, and any and every person, who shall cany on or
exercise the trade or employment of manufacturing acids,
or other articles usually manufactured in Chemical Labor-
atories, or White Lead, or Red Lead, except as aforesaid,
without license as aforesaid, shall be guilty of maintaining
a public and common nuisance ; and the Mayor and Alder-
men of said City of Roxbury may abate the same.
[Passed May 21, 1846.]
[No. 8.]
AN ORDINANCE
Establishing a system for Collecting the Taxes of the City
of Roxbury.
Be it ordained, Sfc, as follows :
Sect. 1. It shall be the duty of the Collector of Taxes,
as soon as the polls are ascertained, to collect or secure
the tax of all such persons as are assessed a poll tax only.
Sect. 2. All persons who shall pay their taxes on or
before the last day of September, shall be entitled to a
discount of four per cent. ; after which time no discount
will be allowed ; and on the first day of November, the
Collector is directed to issue his summons to those who
are then delinquent, that if their taxes are not paid within
ten days from the date of said summons, with twenty cents
for said summons, the Collector will then proceed to col-
lect the same according to law; and the Collector shall
give notice by attaching to all tax bills the above section
of this Ordinance.
Sect. 3. For the convenience of the citizens of Wards
Six, Seven and Eight, it shall be the duty of the Collector
CITY ORDINANCES. 67
during the month of September, to sit at some convenient
place one day, in either Wards Six or Seven, and one day
in Ward Eight, for the reception of taxes ; and such days
and places shall be designated on the tax bills when issued.
Sect. 4. The Collector shall be provided by the City
Council with an office in some suitable and convenient
place, which office shall be kept open every day (Sundays
excepted) for the reception of taxes at such hours of the
day as he may determine, excepting during the month of
September, when his office shall be open from eight o'clock,
A. M., to one o'clock, P. M., and from two o'clock, P. M.,
to five o'clock, P. M., each day, with the exception of two
days in said month specified for receiving taxes in Wards
Six, Seven and Eight.
[Passed June 8, 1846.]
[No. 9.]
AN ORDINANCE
Establishing the Office of Commissioner or Commissioners
of Highways, and defining the Duties thereof.
[Repealed by Ordinance No. 40.]
[No. 10.]
AN ORDINANCE
Regulating the Fire Department of the City of Roxbury.
[Repealed by Ordinance No. 34.]
[No. 11.]
AN ORDINANCE
Establishing a Watch, for preserving the Safety and Good
Order of the City of Roxbury.
Be it ordained, fyc, as follows :
Sect. 1. The Mayor and Aldermen be, and they hereby
are authorized and directed, to appoint twelve1 sober,
1 No limitation as to number. Ord. No. 31.
68 CITY ORDINANCES.
discreet, and able-bodied men, of good moral character, to
be Watchmen in the easterly section of the City of Rox-
bury, from such hour in the evening, until such hour in the
morning, as the said Mayor and Aldermen shall appoint.
And also a suitable person to be the officer of the "Watch,
who shall also be a discreet, sober and able-bodied man of
good moral character. And the said officer and watchmen
shall continue in office until removed by the said Mayor
and Aldermen, or death or resignation ; and they shall re-
ceive such compensation for their services respectively, as
the said Mayor and Aldermen shall establish ; and shall be
paid out of the treasury of the City of Roxbury, on orders
drawn by the Mayor; and shall be removable at the pleas-
ure of the said Mayor and Aldermen ; and in case of a
vacancy or vacancies, by death, resignation, removal, or
otherwise, a successor or successors shall be forthwith
appointed by said Mayor and Aldermen, to fill such vacan-
cy or vacancies.
Sect. 2. The officer of the watch, and the watchmen
appointed by virtue of this Ordinance, shall have the same
powers, and shall be held and obliged to perform the same
duties, as are required of such officers and watchmen by
the seventeenth chapter of the Revised Statutes of the
Commonwealth of Massachusetts.
Sect. 3. Every Watchman shall be equipped in such
manner as the Mayor and Aldermen shall determine.
[Passed July 27, 1846.]
[No. 12.]
AN ORDINANCE
In relation to Burial Grounds and the Interment of the
Dead.
Be it ordained, fyc, as folloios :
Sect. 1. The Mayor, by and with the advice of the
Board of Aldermen, may grant permits for building tombs
and laying out lots in the burial grounds belonging to the
City, and give titles therefor, on such terms and conditions
as deemed by them expedient.
Sect. 2. The Mayor and Aldermen shall , immediately
appoint two or more persons to act as Undertakers, who
CITY ORDINANCES. G9
may hold the office until removed. And in case of a va-
cancy, caused by removal or otherwise, it shall be the duty
of the Mayor and Aldermen to supply said vacancy by a
new appointment.
Sect. 3. It shall be the duty of the Undertakers, under
the direction of the Mayor and Aldermen, to take the care
and superintend such burial grounds as shall be assigned to
them in their appointment ; to detect and prosecute tres-
passers, and generally to exercise all the power and author-
ity vested in the City Council in relation to burial grounds.
It shall also be their duty, as soon as informed of the de-
cease of any person within the limits of the City, to be
interred in their district, to take the personal charge and
oversight of all necessary arrangements for the removal and
burial of the body of the deceased, and for the funeral pro-
cession ; subject to such general or particular directions as
they may at any time receive from the Mayor and Alder-
men. It shall also be their duty, within one day after the
burial or removal from the City of the body of any deceased
person, to deliver to the City Clerk a certificate, stating the
date of the death, the name and surname of the deceased,
the sex, condition, (whether single or married,) age, occu-
pation, place of death, place of birth, names of the parents,
and disease or cause of death.
Sect. 4. In case of absence, sickness, or temporary dis-
ability of any of the Undertakers, his duties shall be per-
formed by such other person as the Mayor may appoint.
Sect. 5. A funeral car shall be provided by the City,
and placed under the charge of each Undertaker, to be kept
clean by them, and in such place, and under such regula-
tions as the Mayor and Aldermen may prescribe. The
horse to transport said car or hearse shall be furnished by
and at the expense of the Undertaker.
Sect. 6.1 As a compensation for services to be perform-
ed by the Undertaker and such assistants as he may employ
in digging out, filling the grave, attendance at the house,
and going from the house to the grave or tomb, and for the
use of the horse he may employ, he shall receive a sum not
exceeding five dollars for the burial of each person twelve
years old and upwards ; and a sum not exceeding three
dollars for every child less than twelve years old, — to be
paid by the person employing him.
1 Change of. Per Ord. No. 27.
70 CITY ORDINANCES.
Sect. 7. Whenever any person shall decease within the
limits of the City, it shall be the duty of the nearest relative,
or of the person in whose house the person may have died,
or any other person who may have first become informed
of the event, to cause the same to be made known to the
Undertaker as soon as practicable.
Sect. 8. No person, except an Undertaker or one ap-
pointed by authority in his place, shall bury or remove the
body of any deceased person, or undertake the manage-
ment of any funeral ; provided, that this prohibition shall
not apply to the burial of inmates of the Almshouse, which
shall be under the control of the keeper thereof, who shall
make the returns to the City Clerk, as required by section
three.
Sect. 9. All funerals shall take place between sunrise
and sunset, unless otherwise permitted or directed by the
Mayor. And the top of every coffin deposited in the
ground, shall be at least three feet below the usual surface
thereof.
Sect. 10. Any person who shall be guilty of a violation
of any of the provisions of this Ordinance, or any of the
regulations which may be prescribed by the Mayor and
Aldermen in conformity thereto, shall forfeit and pay a sum
of not less than two or more than twenty dollars.
Sect. 11. This Ordinance shall take effect and go into
operation from and after its passage.
[Passed August 6, 1846.]
[No. 13.]
AN OEDINANCE
To prevent Unlawful and Injurious Practices in the Streets
and other public places of the City.
Be it ordained, cj*c, as follows :
Sect. 1. No person, except the Surveyors of Highways
in the lawful performance of their duties, and those acting
under their orders, shall break or dig up the ground or
stones, in any street, lane or alley, or on any sidewalk or
common, in the City, or erect any staging for building,
or place or deposite any stones, bricks, timber, or other
building materials thereon, without first obtaining a written
CITY ORDINANCES. 71
license from the Mayor and Aldermen, or some person
authorized by them to grant such license, and complying in
all respects with the condition of such license.
Sect. -2. The Mayor and Aldermen may grant a license
in writing to any person, for the purpose of building, or
other lawful purposes ; to dig up, obstruct or encumber so
much and such parts of any street, lane, alley, sidewalk,
or other public place in the City, and on such terms and
conditions as they shall deem to be safe .and proper.
Sect. 3. Whenever any street, lane, alley, sidewalk, or
other public place in the City, shall, under any license
granted as provided in the preceding section, be dug up,
obstructed, encumbered, or otherwise rendered thereby
unsafe or inconvenient for travellers, the person so licensed,
shall put, and at all times keep up a suitable railing or
fence round the section or parts of any street, lane, alley,
or other public place, so dug up, obstructed or encumbered,
so long as the same shall be or remain unsafe or inconven-
ient as aforesaid ; and shall also keep one or more lighted
lanterns fixed to such fence, or in some other proper man-
ner, every night, from twilight in the evening, and through
the whole night, so long as such railings or fence shall be
kept standing. He shall also, within such reasonable time
as the Mayor and Aldermen shall direct, amend and repair
such street, lane, alley, sidewalk, or public place, to the
acceptance of said Board.
Sect. 4. No person shall make, erect or maintain any
door step, portico, porch, entrance or passage-way to any
cellar or basement, or any other structure, in or upon
any street, alley, lane or sidewalk in the City,1 without
permission in writing from the Mayor and Aldermen. No
person shall suffer the platform or grate of the entrance
or passage-way to his cellar or basement, heretofore con-
structed, or which may hereafter be constructed, in any
street, lane, alley or sidewalk, to rise above the even sur-
face of such street, lane, alley or sidewalk ; and every such
entrance or passage-way shall be at all times kept covered
by a suitable and substantial platform or grate ; or in case
it shall be kept open, it shall be guarded and protected by
a sufficient railing, on both sides thereof, at least two feet
and a half high, and well lighted at night. No person
1 Concerning Gates, Orel. No. 23.
72 CITY ORDINANCES.
shall permit or suffer his "well, cistern or drain, in any street,
lane, alley or sidewalk, in the City, to be or remain open or
uncovered, unless the same shall be enclosed by a strong
and safe curb, guard or fence.
Sect. 5. If any person shall dig or sink, or cause to bo
dug or sunk, any well, cellar, cistern, drain or other cavity
in the ground, near to or adjoining any street, lane or alley
in the City, he shall put up and at all times keep up, so long
as it shall be necessary for the purpose, a railing or fence,
on or near the line of such street, lane or alley, sufficient
to guard and protect travellers and passengers from falling
into, or being injured thereby.
Sect. 6. No person shall continue any cart, carriage or
vehicle of any description, with or without a horse, horses,
or other animal or animals attached thereto, in any street
or way, so as to obstruct the same, after having been re-
quested by any person having occasion to use such street
or way, or after having been ordered by the Mayor, or by
any other person by him authorized, or by the City Mar-
shal, to remove such obstruction.
Sect. 7. No person shall wheel, drive, draw, or pass
with any hand-cart, wheel-barrow, hand-sled, or any other
carriage of burthen or pleasure, or permit any horse, ox_ or
other beast, under his care, to go upon any sidewalk in the
City, or otherwise occupy, obstruct or encumber the same,
by any trunk, bale, barrel, box, crate, cask, or any package,
article or thing whatsoever, or in any way obstruct any
street, lane, alley or sidewalk, so as to interfere with the
convenient use of the same by all passengers. No person
shall stop his team or carriage, or unnecessarily place any
obstruction on any flagging stones laid, or that shall here-
after be laid in or across any street, lane or alley in the
City; and in streets where there are no raised sidewalks
five feet in width, next adjoining the lands of the abuttors
on each side of such street, shall be deemed and taken to
be the sidewalks of the same, within the meaning of this
Ordinance.
• Sect. 8. No person shall ride any horse, or drive any
horse or horses attached to a carriage of any description,
either of burthen or pleasure, or cause the same to be rode
or driven in any street, lane or alley, or over any bridge
in the City, at an immoderate gait, so as to endanger or
expose to injury any person standing, walking or riding in
CITY ORDINANCES. 73
or on the same. And every person having any truck, cart,
wagon or other team of burthen under his care, shall, when
driving or passing in or upon any street, lane, alley or
bridge in the City, hold the reins of his horse or horses in
his hand, or be in such position, and so near the team he
is driving, as to be able at all times, to guide, restrain
and govern the same.
Sect. 9. No person shall put or place, or cause to be
put or placed, carry or cart, or cause to be carried or
carted, in or upon any street, lane, alley or other public
place in the City, any house dirt, ashes, soot, garbage, car-
rion, shreds, shavings, filth, suds, oyster, clam or lobster
shells, dung, offal, stones, brick, masons' or brick-layers'
rubbish, or any other kind of rubbish, except in such place
and in such manner, as the Mayor and Aldermen shall pre-
scribe.
Sect. 10. No person shall suffer his firewood, coal, or
other fuel, in any quantity, to remain unnecessarily on any
sidewalk, or in any street, lane or alley, in the City, over
night, or after twilight, in the evening. If the same must
of necessity remain after twilight, or through the night, the
owner thereof shall place and keep a sufficient light over or
near the same, through the night, in order to give notice
thereof to travellers and passengers, and thereby prevent
injury to them.
Sect. 11. No person shall saw any firewood, or pile the
same upon the foot or sidewalks of any of the streets or
lanes of the City, and no person shall stand on any such
foot or sidewalk with his wood-saw or horse, to the hin-
drance or obstruction of any foot passenger.
Sect. 12. No person shall move, or assist in moving,
any house, shop, or other building, through any street, lane
or alley, or over any bridge, in the City, unless a written
license shall have been obtained to remove the same, as
provided in the second section of this Ordinance.
Sect. 13. Any person who shall throw or put, or cause
to be thrown or put, any snow or ice into any street, lane
or alley, in the City, shall cause the same to be broken up
and spread evenly over the surface of such street, lane or
alley.
Sect. 14. No person shall swim or bathe in any of the
waters within or surrounding the City, so as to be exposed
to the view of the passengers or other persons passing or
10
74 CITY ORDINANCES.
being in any street, lane, alley or house, or upon any rail-
road within the City.
Sect. 15. No person shall expose, in or upon any street,
lane, alley, public place, common or sidewalk, in the City,
any table or device of any kind, by or upon which any game
of hazard or chance can be played ; nor shall any person
play any such game, at such table or device, in or upon any
street, lane, alley, public place, common or sidewalk in the
City. No person shall place or keep any table, stall,
booth, or other erection, in any street, lane, alley or public
place, or on any sidewalk in the City, for the sale of fruit
or other thing, without permission from the Mayor and
Aldermen.
Sect. 16. No person shall, except in the performance
of some duty required by law, discharge any gun, pistol or
other fire-arm, loaded with balls or shot, or with powder
only, within the City, or in or upon any street, lane, alley,
public place or wharf, or within fifty rods thereof, or within
fifty rods of any building in the City, in any yard, garden
or field therein.
Sect. 17. No person shall fire any squib, cracker,
serpent, or other preparation whereof gunpowder is an
ingredient, or which consists wholly of the same, or make
any bonfire in or upon any street, lane or public place, or
wharf within the City.
Sect. 18. No person shall behave himself in a rude or
disorderly manner, or use any indecent, profane or insulting
language, in any street, lane, alley or other public place in
the City, or near any dwelling house or other building
therein ; or coast or course upon any sled or sleds, in any
street, lane, alley or other public place, in the City, or be
or remain upon any sidewalk, or upon any door step, portico
or other projection from any such house or other building,
to the annoyance or disturbance of any person. No person
shall make any indecent figures nor write any indecent or
obscene words upon any fence, building or other public
place within the City. No person shall by any noise, ges-
tures or other means, wantonly and designedly frighten or
drive any horse, in any street or other public place in the
City. No person shall use or shoot with bows and arrows,
or play at any unlawful game, or at ball, with marbles, dice,
cards, paw-paws, coppers, cents or other coin, or fly any kite
or balloon, or throw any stones, clubs, snow-balls or other
CITY ORDINANCES. 75
missile, in any street, lane, alley or other public place within
the City.
Sect. 19. No person shall suffer any spout to lead or cast
■water upon any sidewalk over the heads of passengers.
No person shall suffer a cellar door, or passage from the
sidewalk into any cellar, to be kept open when not in im-
mediate use, after the beginning of twilight, except a good
and sufficient light be constantly kept at the entrance of
such passage.
Sect. 20. No person shall injure, deface or destroy any
guide post or guide board, any lamp post or lamp or lantern
thereon, heretofore erected, or which shall be erected in
the City; or any tree, building, fence, post or other thing,
set, erected or made, for the use or ornament of the City.
Sect. 21. No person shall erect any post or posts in
any street or public place in the City, except by permission
of the Mayor and Aldermen ; and no person shall cut down,
dig up, deface or destroy any post or posts which are or
may be erected by permission as aforesaid, except license
be first obtained from the owner thereof, or from the May-
or and Aldermen ; and the Mayor and Aldermen are hereby
expressly authorized to remove any post or posts standing
in any street or public place.
Sect. 22. No person shall place or keep in front of any
building, any awning or shade less than seven feet and a
half in height at the lowest part thereof; nor shall such
awning or shade extend beyond the line of the sidewalk.
Sect. 23. No horse shall be turned out loose, or suf-
fered to go at large, or to go to water in the City, without
a suitable person to lead or drive him.
No person shall permit any horse, swine, goat; cow or
other neat cattle, belonging to him, or under his control, to
graze in any street, lane or alley, or on any common in the
City, nor to go at large therein.
Sect. 24. No person shall erect or cause to be erected,
any fence or building, adjoining any street or public ground,
without first having ascertained the bounds of the same, by
application to the Mayor and Aldermen for that purpose.
Sect. 25. No person shall blast any rock or other sub-
stance, with gunpowder, at any place within fifty rods of
any public place or highway in the City, without license of
the Mayor and Aldermen, in writing, specifying the terms
and conditions on which said license is granted : provided,
76 CITY ORDINANCES.
however, that the remedy of any person injured by the
blasting of rocks shall not be affected by this section, nor
shall it be considered as applying to the Surveyors of High-
ways in the discharge of their official duties.
Sect. 26. No person shall take hold of or ride upon
the back of any chaise, sleigh, coach or other carriage, used
for the transportation of persons, while the same is passing
any street or highway of said City, without the permission
of the owner or driver of the same.
Sect. 27. Any person who shall offend against any of
the provisions of this Ordinance, shall forfeit and pay for
each and every offence a sum not less than one dollar, nor
more than twenty dollars.
Sect. 28. No person shall be prosecuted or tried for
any breach of the provisions of this Ordinance, unless the
complaint for the same shall be instituted and commenced
within six months from the time of committing such breach.
Sect. 29. This Ordinance shall take effect and go into
operation from and after the expiration of ten days after
its passage.
[Passed August 6, 1846.]
[No. 14.]
AN ORDINANCE
Prescribing Rules and Regulations relative to Nuisances,
Sources of Filth, and Causes of Sickness within the City
of Roxbury.1
Be it ordained, <$*c, as follows :
Sect. 1. That the department of internal and external
Police, so far as it regards the preservation of the health of
the City, be placed under the superintendence of the City
Marshal ; whose duty it shall be, and he shall have power
to carry into execution all the ordinances, rules and laws
made by the City Council, relative to causes of sickness,
nuisances and sources of filth, that may be injurious to the
health, or may affect the comfort of the inhabitants of the
City, which do or may exist within the limits thereof; sub-
ject always to the direction, authority and control of the
1 Burial Grounds, &c. Ord. No. 26.
CITY ORDINANCES. 77
Mayor and Aldermen ; and it shall be the duty of the City
Marshal to cause all such nuisances, sources of filth and
causes of sickness, to be prevented, removed or destroyed,
as the case may require, conformably to the ordinances of
the City Council as aforesaid, and the laws of the Common-
wealth ; and to this department shall belong the care of the
streets, the care of the common sewers, and the care of the
vaults, and whatever else affects the health, security and
comfort of the City, from causes or means arising or exist-
ing within the limits thereof.
Sect. 2. In the month of May or June annually, there
shall be appointed, by concurrent vote of the City Council,
one or more consulting physicians, whose duty it shall be,
in case of an alarm of any contagious, infectious, or other
dangerous disease occurring in the City or neighborhood,
to give to the Mayor or either Board of the City Council, all
such professional advice and information as they may re-
quest, with a view to the prevention of the said diseases,
and, at all convenient times, to aid and assist them with
their counsel and advice in all matters that relate to the
preservation of the health of the inhabitants.
Sect. 3. Whenever any person, coming from abroad,
or residing in this City, shall be infected, or shall lately
before have been infected with any contagious, infectious
or other disease dangerous to the public health, the Mayor
and Aldermen shall have all the powers in relation thereto
with which boards of health or selectmen of towns are in-
vested, in such cases, by the laws of this Commonweath ;
to be carried into execution in such manner as they shall
deem expedient.
Sect. 4. Each and every tenement within the City of
Roxbury, that is, or may hereafter be used as a dwelling
house, shall, whenever required by the Mayor and Alder-
men, be provided with a sufficient drain under ground to
carry off the waste water ; and also with a suitable privy,
and of a sufficient capacity in proportion to the number of
inhabitants of such tenement, which vault and drain shall
be in common and subject to the use of all said inhabitants.
Sect. 5. For any offence against the provisions of the
foregoing section, the owner or owners of each and every
tenement so used, as aforesaid, shall forfeit and pay a sum
not less than five dollars nor more than twenty dollars, for
each and every week during which said tenement or any
part thereof shall be used as a dwelling house.
78 CITY ORDINANCES.
Sect. 6. If the Mayor and Aldermen shall at any time
be satisfied that any tenement, used as a dwelling house, is
not provided with a suitable privy, and vault, and drain, or
either of them as aforesaid, and in their opinion it shall be
necessary for the public health, they may give notice in
writing to the owner thereof, or his agent, if either be an
inhabitant of the City, or if otherwise, public notice in a
newspaper printed in iloxbury, if any newspaper be printed
therein, if not, in two newspapers printed in Boston, requir-
ing such owner or agent, within such time as they shall
appoint, to cause a proper and sufficient privy, and vault,
and drain to be constructed for such tenement, to be com-
mon and subject to the use of all the inhabitants thereof;
and in case of neglect or refusal to obey such notice, the
Mayor and Aldermen shall have power to cause such privy,
and vault, and drain to be made for such tenement, the
expense of which shall be paid by such owner or agent.
Sect. 7. Whenever it shall appear to the Mayor and
Aldermen, that any cellars, lots or vacant grounds are in a
state of nuisance, or so situated that they may become a
nuisance, and the health of the inhabitants be endangered,
it shall be their duty, and they are authorized to cause a
notice in Avriting to be served upon the owners or occupants
thereof, and if there should be no occupants, and the own-
ers should not reside in the City, then to give public notice
by advertising in one of the newspapers printed in this City,
and if no newspaper shall be printed in this City, then in
two newspapers printed in the City of Boston, directing
said owners or occupants to have said nuisance or cause of
nuisance removed, by draining, filling up, or otherwise, in
the manner as may be prescribed in such notice ; and in
case of neglect, or refusal to obey said notice, the Mayor
and Aldermen shall have power to remove the same, by
filling up, draining, or otherwise, as they shall deem expe-
dient ; and said owners or occupants shall defray and pay
the expense thereof.
Sect. 8. No person or persons, unless by leave of the
Mayor and Aldermen, shall throw or deposit, or cause to
be thrown or deposited in any street, court, square, lane,
alley, public square or vacant lot, or into any pond, creek
or river, any dirt, saw-dust, soot, ashes, cinders, shavings,
hair, shreds, manure, oyster, lobster or clam shells, waste
water, rubbish or filth of any kind, or any animal or veg-
etable matter or substance whatever. Nor shall any per-
CITY ORDINANCES. 79
son or persons throw or cast any dead animal, or any foul
or offensive ballast, into any dock, or any other of the wa-
ters within or adjoining the City. Nor shall any person
land any foul or offensive animal or vegetable substance
within the City.
Sect. 9. If any of the substances, in the preceding sec-
tion mentioned, shall be thrown or carried from any house,
warehouse, shop, cellar, yard or other place, into any street,
lane, alley, court, square, public place or vacant lot, as well
the owner of such house, or other place, whence the same
shall have been thrown or carried, as the occupant thereof,
and the person who actually threw and carried the same,
shall severally be held liable for such violation of this Ordi-
nance ; and all such substances shall be removed from the
street, lane, alley, court, square, public place or vacant lot,
by and at the expense of the owner or occupant of the
house, or other place whence the same were thrown or
carried, within two hours after personal notice in writing
to that effect, given by the Mayor and Aldermen or City
Marshal.
Sect. 10. All dirt, saw-dust, soot, ashes, cinders, shav-
ings, hair, shreds, manure, oyster, lobster or clam shells,
waste water or any animal or vegetable substance, rubbish
or filth of any kind, in any house, warehouse, cellar, yard,
or other place, which the Mayor and Aldermen or City
Marshal shall deem it necessary for the health of the City
to be removed, shall be carried away therefrom by and at
the expense of the owner or occupant of such house or
other place, where the same shall be found, and be remov-
ed to such place as he shall be directed, within four hours
after notice in writing to that effect, given by the Mayor
and Aldermen, or the City Marshal.
Sect. 11. No person shall sell, or offer for sale, or have
in his possession, in any of the public or private markets,
or in any other, place, any unwholesome, stale, or putrid
meat, fish or fruit, or other articles of provisions ; or any
meat which has been blown, raised or stuffed, or any dis-
eased or measly pork.
Sect. 12. The Mayor and Aldermen are authorized to
prohibit the keeping of swine or goats in any part or parts
of the City where they shall deem that the keeping of such
animals would be detrimental to the health or comfort of
the citizens in the neighborhood thereof, residing or pass-
ing— and shall have power to remove, or cause to be re-
80 CITY ORDINANCES.
moved any swine or goat from any place where the keep-
ing of such animals are prohibited to be kept.
Any and every person who shall keep any swine or goat
in any place in the City in which such animals are prohib-
ed to be kept, or from whence he is required to remove the
same, six hours after having received notice from the May-
or and Aldermen in writing, to remove the same, or that
such animals are prohibited to be kept in such place, shall
forfeit and pay the sum of three dollars, for each and every
swine or goat so kept, for each and every day during which
he shall so keep the same or any of them.
Sect. 13. Whenever any person shall have been duly
notified to remove any nuisance, or to cleanse, alter or
amend any vault or drain, or to perform any other act or
thing which it may be his duty to perform, in obedience to
the laws of the Commonwealth, or the rules, orders, regu-
lations, by-laws or ordinances for the preservation of the
health of the City, which are now, or which hereafter shall
be made, by lawful authority, and the time limited to the
performance of such duty shall have elapsed, without a
compliance with such notice, the City Marshal shall issue
new notices from time to time to such delinquents, until the
duty shall be executed, and the nuisance remedied or re-
moved. And the Mayor shall cause all persons who shall
violate or disobey the said health laws and regulations, to
be forthwith prosecuted and punished. And in case, in the
opinion of the Mayor and Aldermen, it shall be for the
health or comfort of the inhabitants that any particular
nuisance shall be forthwith removed, and without delay, it
shall be their duty to cause the same to be removed accord-
ingly, at the expense of the owner or owners of the land
upon which the said nuisance exists.
Sect. 14. The City Marshal, or any person authorized
by the Mayor for that purpose, shall and may, at any time
between sunrise and sunset, enter into any building, within
the City, for the purpose of examining into, destroying, re-
moving or preventing any nuisance, source of filth or cause
of sickness therein ; or in any cellar belonging thereto.
And if any person shall refuse to admit such officer, or
other person so authorized, into said building, the City
Marshal shall, on oath, complain to any Justice of the
Peace within said City, and shall apply for his warrant,
according to the statute in such case made and provided,
and shall thereupon proceed, under the authority of said
CITY ORDINANCES. 81
Court, to examine such building or other place, and to de-
stroy, remove or prevent any nuisance, source of filth or
cause of sickness, that may be found there, in such manner
as the Mayor and Aldermen shall direct. And the said
City Marshal, or any person authorized as aforesaid, shall
and may, at any time between sunrise and sunset, enter
into any yard or lot of ground, or into any out-house, and
examine any alley, sink, cess-pool, privy, vault, public or
private dock or slip, or drain, or sewer, and shall report to
the Mayor and Aldermen all such as the health or security
of the City may require to be cleansed, altered or amended.
Sect. 15. Any person offending against any of the pro-
visions of this Ordinance, to which a particular penalty is
not annexed, shall forfeit and pay for each and every
offence a sum not less than three nor more than twenty
dollars.
Sect. 16. This Ordinance shall take effect and go into
operation from and after the tenth day of August current.
[Passed August 6, 1846.]
[No. 15.]
AN ORDINANCE
Directing the Manner in which the Ordinances of the City
Council shall be promulgated.
Be it ordained, fyc, as follows :
All the Ordinances of the City Council shall be publish-
ed and promulgated by causing the same to be inserted
three weeks successively in such newspaper printed in this
City as shall annually be designated by the City Council,
by concurrent vote ; or, in case no newspaper shall be
printed and published in this City, in such newspaper or
newspapers published and printed in the City of Boston as
the said City Council shall from time to time designate.
[Passed August 6, 1846.]
11
82 CITY ORDINANCES.
[No. 16.]
AN ORDINANCE
Restraining the going at large of Dogs within the City of
Roxbury.
Be it ordained, fyc, as follows :
Sect. 1. From and after the tenth day of August, one
thousand eight hundred and forty-six, no dog shall be per-
mitted to go at large or loose, in any street, lane, alley or
court, nor any uninclosed or public place in this City, until
the owner or keeper of such dog, or the head of the family,
or the keeper of the house, where such dog is kept or har-
bored, shall have paid to the City Treasurer one dollar, for
a license for such dog to go at large, nor unless he shall
also cause a collar to be constantly worn by such dog, hav-
ing the name of the owner thereof with the word " Rox-
bury " legibly written, stamped or engraved thereon, and
it shall be the duty of said Treasurer, to grant a license
to any citizen, for his or her dog to run at large, upon pay-
ment of such sum, which license shall particularly describe
the dog licensed, and the Treasurer shall keep a record of
the names of all persons to whom such licenses shall be by
him granted.
Sect. 2. The licenses which shall be issued as aforesaid,
shall endure and be in force until the first day of August
next, after the time of issuing the same, and no longer, but
they may be at that time renewed, and thereafter annually,
on payment to the City Treasurer the like sum of one dol-
lar, and complying with the other requirements in the first
section of this Ordinance. And in case any dog shall be
found loose or going at large, as aforesaid; contrary to the
provisions of this Ordinance, the owner or keeper thereof,
or the head of the family, or keeper of the house where
such dog is kept or harbored, shall forfeit and pay a sum
not exceeding ten dollars.
Sect. 3. On complaint made to the City Marshal, of any
dog, within the City, which shall, by barking, biting, howling,
or in any other way or manner disturb the quiet of any per-
son or persons whomsoever, the City Marshal, on such com-
plaint, shall issue notice thereof to the person keeping or
permitting such dog to be kept, or to the owner thereof,
and in case such person or owner, for the space of three
CITY ORDINANCES. 83
days after such notice, neglect to cause such dog to be
removed and kept beyond the limits of the City, or to be
destroyed, he or she shall forfeit and pay a sum not exceed-
ing fifty cents, for every day which shall elapse until such
clog shall be removed or destroyed as aforesaid : provided,
that the Justice before whom such complaint shall be heard
and tried, shall be satisfied that such dog had, in manner
aforesaid, disturbed the quiet of any person or persons in
said City.
Sect. 4. If any person, after being convicted under the
provisions of the third section of this Ordinance, shall still
neglect or refuse to destroy his or her dog, on being or-
dered so to do, or if any dog, of which no owner or keeper
shall be discovered, or whose owner or keeper shall refuse
or neglect to take out a license for such dog, shall be found
going at large contrary to the provisions of this Ordinance,
it shall be the duty of the City Marshal to cause such dog
or dogs to be destroyed.
Sect. 5. Nothing contained in this Ordinance shall ex-
tend to any dog not owned or kept in this City, excepting,
however, it shall be the duty of the City Marshal, at all
times, hereafter, to cause every dog to be destroyed, where-
soever owned or kept, going at large within the City, not
having a collar about his neck, with the name and place of
residence of the owner or keeper of such dog, legibly
marked on the same, according to the provisions of the
Revised Statutes of this Commonwealth, chapter fifty-eight.
Sect. 6. This Ordinance shall take effect and go into
operation from and after the tenth day of August, one
thousand eight hundred and forty-six.
[Passed August 6, 1846.]
[No. 17.]
AN ORDINANCE
Requiring a separate Record to be kept of the Streets and
Highways in the City.
Be it ordained, fyc, as follows :
The City Clerk shall keep a book in which the names of
all the streets and highways, which now are or may here-
after be accepted or laid out in the City, shall be alpha-
84
CITY ORDINANCES.
betically arranged, with the date of such laying out or ac-
ceptance, and the width thereof, and all alterations therein
from time to time.
[Passed September 14, 1846.]
[No. 18.]
AN ORDINANCE
To establish the City Seal.
Be it ordained, $*c., as follows :
That the following be the device of the City Seal, as
suggested by B. E. Cotting, M. D., to wit : On the right of
the centre of the foreground, a young matron, seated, resting
her left arm upon a shield, on which are inscribed the Arms
of the State ; holding in her extended right hand a Mural
Crown, as in the act of presenting it: — on the centre and
left of the background a view of the City: — in front of
which on the middle ground a train of railroad cars passing
towards the metropolis ; above, on a scroll, the word
ROXBURY; beneath, CONDITA, A. D. 1630. In the
lower semi-circle of the border, CIVITATIS REGIMINE
DONATA, A. D. 1846 ; and in the upper, the motto, SAX-
ETUM DEXTRIS DEO QUE CONFIDENS.
[Passed October 26, 1846.]
CITY ORDINANCES. 85
[No. 19.]
AN ORDINANCE
Relative to the enacting style of the City Ordinances.
Be it ordained, fyc, as follows :
Sect. 1. All by-laws passed by the City Council, shall
be termed " Ordinances," and the enacting style shall be,
11 Be it ordained by the City Council of the City of Rox-
bury, as follows : — "
Sect. 2. The enacting clause of the following City Ordi-
nances, viz. :
An Ordinance establishing a system of accountability
in the expenditures of the City — passed May 18, 1846:
An Ordinance authorizing the appointment and establish-
ing the duties of a City Marshal — passed May 18, 1846 :
An Ordinance concerning the form of Warrant, and the
service and return thereof — passed May 18, 1846 :
An Ordinance establishing the office of City Messenger —
passed May 18, 1846:
An Ordinance relating to the election of certain City
officers — passed May 18, 1846:
An Ordinance prescribing the manner of recording the
Ordinances of the City — passed May 18, 1846 :
An Ordinance establishing a system for collecting the
Taxes of the City of Roxbury — passed June 8, 1846 :
An Ordinance establishing the office of Commissioner or
Commissioners of Highways, and defining the duties there-
of— passed June 22, 1846:
An Ordinance regulating the Fire Department of the City
of Roxbury — passed July 20, 1846 :
An Ordinance establishing a Watch, for preserving the
safety and good order of the City of Roxbury — passed
July 27, 1846:
An Ordinance restraining the going at large of Dogs
within the City of Roxbury — passed August 6, 1846 :
An Ordinance in relation to Burial Grounds and the in-
terment of the dead — passed August 6, 1846:
An Ordinance prescribing rules and regulations relative
to nuisances, sources of filth and causes of sickness within
the City of Roxbury — passed August 6, 1846:
An Ordinance directing the manner in which the Ordi-
86 CITY ORDINANCES.
nances of the City Council shall be promulgated — passed
August 6, 1846:
Shall be so amended that the same may conform to the
provision of the first section of this Ordinance, and the
words " Be it further ordained that," wherever the same
occurs in said Ordinances, shall be stricken out.
Sect. 3. This Ordinance shall take effect from and after
its passage.
[Passed May 24, 1847.]
[No. 20.]
AN ORDINANCE
Providing for the execution of Deeds, Leases, and other
legal instruments in behalf of the City.
Be it ordained, 6fc, as folloios :
Sect. 1. The Mayor of the City is hereby authorized
and empowered to affix the City Seal unto, and to execute
and deliver in behalf of the City, all deeds and leases of
lands and buildings sold or leased by the City, and all dis-
charges, releases, assignments, agreements or other legal
instruments, made and entered into by order of the City
Council.
Sect. 2. The fifth section of the Ordinance establishing
a system of accountability in the expenditures of the City,
so far as the same relates to the execution of leases by the
City Treasurer, is hereby repealed.
Sect. 3. This Ordinance shall take effect from and after
its passage.
[Passed May 24, 1847.]
[No. 21.]
AN ORDINANCE
In addition to an Ordinance regulating the Fire Department
of the City of Roxbury.
[Repealed by Ordinance No. 34.]
CITY ORDINANCES. 87
[No. 22.]
AN ORDINANCE
Relating to the Expenditures for Schools.
Be it ordained, Sfc, as follows :
Sect. 1. The appropriations made by the City Council
for the salaries of the teachers of the public schools, shall
be expended under the direction of the School Committee ;
and all bills and accounts for the same, and all bills and
accounts for books, stationery, maps and scientific appara-
tus, furnished for the schools by the School Committee,
when certified by the Chairman or Secretary of said Com-
mittee, shall be audited by the Committee on Accounts and
be paid from the City Treasury.
Sect. 2. Whenever any new school house or the en-
largement of any school house shall be required, it shall be
the duty of the Committee on Public Property to confer
with the School Committee as to the location and building
or enlargement of such school house,- and said Committee,
when directed by the City Council, shall purchase land for
that purpose, and by contract or otherwise, erect or enlarge
such school house in such manner and after such plans as
they may deem expedient. Provided, that the expense
shall not exceed the appropriation therefor; and said Com-
mittee shall also provide rooms and furnish the same for
the use of schools, whenever such rooms and furniture shall
be necessary, provided that the expense thereof shall not
exceed the sum of one hundred dollars in any one instance.
Sect. 3. The Committee on Public Property shall cause
all necessary repairs to be made in and upon the several
school houses and the grounds attached thereto, belonging
to the City, and provide all necessary articles for the com-
fort and convenience of the schools (with the exception of
fuel) that may be deemed necessary, provided the School
Committee may make any necessary repairs and provide all
articles that they may deem necessary for the comfort and
convenience of the schools, whenever such repairs or sup-
plies shall not exceed the sum of fifty dollars in any one
instance.
Sect. 4. This Ordinance shall take effect from and after
its passage.
[Passed July 26, 1847. 1
88 CITY ORDINANCES.
[No. 23.]
AN ORDINANCE
In addition to "An Ordinance to prevent unlawful and inju-
rious practices in the Streets and other Public Places of
the City."
Be it ordained, Sfc, as follows :
Sect. 1. No person shall make, erect or maintain any
gate, in or upon any street, lane, alley or sidewalk in the
City, in such a manner, as when opening the same, it shall
swing over such street, lane, alley or sidewalk.
Sect. 2. Any person who shall offend against the pro-
visions of this Ordinance, shall be liable to the forfeitures
and may be prosecuted and tried in the manner prescribed
in the Ordinance to which this is an addition.
[Passed March 20, 1848.]
[No. 24.]
AN ORDINANCE
Establishing the name of the Rural Cemetery.
Be it ordained, fyc, as follows :
Sect. 1. The Rural Cemetery recently established by
the City Council, shall be called and known by the name
of "Forest Hills."
Sect. 2. This Ordinance shall take effect from and
after its passage.
[Passed July 3, 1848.]
[No. 25.]
AN ORDINANCE
In relation to Numbering Houses and other buildings.
Be it ordained, Sfc, as follows :
The Mayor and Aldermen shall have power to cause
numbers of regular series to be affixed to all dwelling
CITY ORDINANCES. 89
houses and other buildings, fronting on any street, lane,
alley or public court within the City of Roxbury, at their
discretion ; and shall also have power to determine the
form, size and material of such numbers, and the' mode,
place, succession and order of affixing them on the houses
and other buildings : provided it can be done without ex-
pense to the City.
[Passed October 10, 1848.]
[No. 26.]
AN ORDINANCE
In addition to "An Ordinance prescribing Rules and Regu-
lations relative to nuisances, sources of filth and causes
of sickness within the City of Roxbury."
Be it ordained, &fc, as follows :
Sect. 1. No burial ground or cemetery shall hereafter
be enlarged or established in the City of Roxbury, nor
shall any dead body be buried in any place within said
City, other than such as shall have been -established or
used as a cemetery before the passage of this Ordinance,
unless permission shall have been previously given by the
City Council.
Sect. 2. The top of each and every coffin deposited in
the ground in any such burial place within said City, shall
be at least three feet below the usual surface thereof.
Sect. 3. Any person offending against any of the pro-
visions of this Ordinance, shall forfeit for each and every
offence a sum not less than five or more than twenty dol-
lars, and shall also be liable to prosecution for the penalty
for such offences established by the twenty-first chapter of
the Revised Statutes.
Sect. 4. All Ordinances, or parts thereof, inconsistent
with this Ordinance, are hereby repealed.
Sect. 5. This Ordinance shall take effect from and after
its passage.
[Passed December 11, 1848.]
12
90 CITY ORDINANCES.
[No. 27.]
AN ORDINANCE
In addition to "An Ordinance in relation to Burial Grounds
and the Interment of the Dead."
Be it ordained, fyc, as follows :
Sect. 1. Fees not exceeding the following, shall be col-
lected and paid for the services of the Undertakers, instead
of those established by the Ordinance, to which this is in
addition, viz. : For digging a grave and covering the same,
for a person over ten years of age, one dollar, and for a
child not over ten years of age, sixty-three cents; for
opening and closing a tomb for the reception of a corpse,
fifty cents ; for services at the funeral and transporting in
a car the body of a person over ten years of age to the
place of interment, four dollars, and of a child not over
ten years of age, three dollars ; for removing a body from
a grave to a grave or tomb, four dollars ; and from a tomb
to a grave or tomb, two dollars and twenty-five cents ; for
attending funerals of deceased persons brought from other
places into this City for interment, if in a grave, Hvo dol-
lars, but if in a tomb, one dollar ; for removing a deceased
person from this City to any other city or town, or from
any city or town to this City, for interment, three dollars.
Sect. 2. So much of the " Ordinance in relation to
Burial Grounds and the Interment of the Dead," passed
August 6, 1846, to which this is in addition, as is inconsis-
tent herewith, is hereby repealed.
Sect. 3. This Ordinance shall take effect from and after
its passage.
[Passed Jan. 8, 1849.]
CITY ORDINANCES. 91
[Xo. 28.]
AN ORDINANCE
In addition to "An -Ordinance to prevent unlawful and in-
jurious practices in the Streets and other Public Places
in the City."
Be it ordained, fyc, as folloios :
Sect. 1 The Mayor and Aldermen shall establish such
places as they may deem necessary, as stands for the sale
and measuring of wood and bark brought into the City
in carts, wagons or sleds, from the country.
Sect. 2. Any person bringing wood or bark into the
City for sale, as aforesaid, who shall, before or after the
same has been duly measured, stand for sale thereof in
any other street or place than those appointed by the May-
or and Aldermen, shall forfeit and pay a sum not exceeding
two dollars for each offence.
Sect. 3. This Ordinance shall take effect and go into
operation from and after the fifteenth day of January,
eighteen hundred and forty-nine.
[Passed January 8, 1849.] '
[No. 29.]
AN ORDINANCE
Prescribing the form of Deeds to be executed for the con-
veyance of Lots in Forest Hills Cemetery.
Whereas, the Commissioners of the Forest Hills Ceme-
tery have prepared a form for the conveyance of lots in
said Cemetery, hereinafter set forth, and have advised that
the same be approved and adopted by the City Council,
therefore,
Be it ordained, fyc, as follows :
Sect. 1. The form of the deeds to be executed for the
conveyance of lots in' Forest Hills Cemetery, by the Com-
issioners of said Cemetery, shall be as follows, viz. :
Know all Men by these Presents, That the City of
Roxbury, in the County of Norfolk, and Commonwealth of
92 CITY ORDINANCES.
Massachusetts, in consideration of dollars, paid to it
by — : , the receipt whereof is hereby acknowledged,
doth hereby grant, bargain, sell and convey to the said
, heirs and assigns, One Lot of Land in the Rural
Cemetery in said Roxbury, called the Forest Hills Ceme-
tery, situated on the way called , and the sole and
exclusive right of burial of the dead therein: The said
granted lot contains superficial square feet, and is num-
bered on the plan of said Cemetery, which is in 'the
possession of the Board of Commissioners having the care,
superintendence and management thereof, and may be in-
spected by the said grantee, his heirs and assigns, at all
reasonable times. To have and to hold, the aforegranted
premises unto the said heirs and assigns forever ;
but subject to the restrictions, limitations and conditions,
and with the privileges following, viz. :
First. That the proprietors of the said lot shall have the
right to enclose the same with a wall or fence, not exceed-
ing one foot in thickness, which may be placed on the ad-
joining land of the said city, exterior to the said lot.
Second. That the said lot shall not be used for any other
purpose than as a place of burial for the dead; and no
trees within the lot or border shall be cut down or de-
stroyed, without the consent of the said Commissioners.
Third. That the proprietors of said lot shall have the
right to erect monuments, cenotaphs or stones, commemo-
rative of the dead : or to cultivate trees, shrubs or plants
in the same.
Fourth. That the proprietor of said lot shall erect, at
his own expense, suitable landmarks of stone or iron at the
corners thereof, and shall cause the number thereof to be
legibly and permanently marked on the premises ; and if
the proprietor shall omit for thirty clays after notice to
erect such landmarks and to mark the number, the Commis-
sioners shall have authority to cause the same to be done
at the expense of said proprietor.
Fifth. That if any trees or shrubs in said lot shall be-
come in any way detrimental to the adjacent lots or avenues,
or dangerous or inconvenient, it shall be the duty of said
Commissioners for the time being, to enter into said lot
and remove said trees or shrubs, or such parts thereof as
are thus detrimental, dangerous or inconvenient.
CITY ORDINANCES. 93
Sixth. That if any monument or effigy, cenotaph or
other structure whatever, or any inscription, be placed in
or upon the said lot, which shall be determined by a ma-
jority of the said Commissioners for the time being, to be
offensive or improper, the said Commissioners, or a major-
ity of them, shall have the right and it shall be their duty
to enter upon said lot and remove said offensive or improp-
er object or objects.
Seventh. No fence, shall at any time, be erected or
placed in or around said lot. the materials or design of
which shall not first have been approved by said Commis-
sioners, or a committee of them.
Eighth. No tomb shall be constructed or allowed within
the bounds of the Cemetery, unless by special permission
of the said Board of Commissioners, and in such places
and in such manner as the Commissioners shall direct. And
no proprietor shall suffer the remains of any person to be
deposited within the bounds of his lot for hire.
Ninth. The said lot shall be indivisible ; and upon the
death of the grantee, the devisee of said lot, or the heir at
law, shall be entitled to all the privileges of the original
grantee ; and if there be more than one devisee or heir at
law, the said Board of Commissioners shall designate which
of said devisees or heirs at law shall then exercise the right
of using said lot, which designation shall continue in force
until by death or removal, or other sufficient cause, another
designation shall become necessary ; and in making such
designation said Commissioners shall, as far as they con-
veniently may, give the preference to males over females,
and to proximity of blood and priority of age; having due
regard, however, to proximity of residence.
Tenth. The said lot shall be holden subject to all by-
laws, rules and regulations made and to be made by the said
Board of Commissioners, in pursuance of authority granted
to them in and by any act or acts of the Commonwealth of
Massachusetts.
And the said City of Roxbury hereby covenants to and
with the said , heirs and assigns, that the said
City is lawfully seized in fee simple of the aforegranted
premises, and of the ways leading to the same from the
highway, that the granted premises are free from all incum-
brances, that the said City hath good right to sell and convey
94 CITY ORDINANCES.
the same to the said , in the manner and for the
purposes aforesaid, and will warrant and defend the same
unto the said , heirs and assigns forever.
In Witness whereof, the said City of Roxbury hath
caused these presents to be signed by ' — , the Chair-
man of the said Board of Commissioners, to be counter-
signed by , their Secretary, and , the
Treasurer of the said City, and to be sealed with its com-
mon seal, this day of , in the year of our Lord,
eighteen hundred and .
Signed, sealed and delivered in presence of
, Chairman.
Countersigned, , Secretary.
: , City Treasurer.
City of Roxbury. City Clerk's Office, 18 — .
I hereby certify that the foregoing Deed has been received,
entered and recorded in this office, in the book provided for
the purpose, being Book No. , and page No.
-, City Clerk.
Sect, 2. All deeds executed in conformity to the pre-
ceding section, shall be signed by the Chairman of the Board
of Commissioners of Forest Hills Cemetery, and counter-
signed by their Secretary and the City Treasurer, and shall
have the City Seal affixed thereto.
Sect. 3. Said deeds shall be recorded by the City Clerk,
in a book provided for that purpose, and to be kept in his
office.
Sect. 4. This Ordinance shall take effect from and
after its passage.
[Passed January 22, 1849.]
CITY ORDINANCES. 95
[No. 30.]
AN ORDINANCE
In addition to an Ordinance [No. 10] regulating the Fire
Department of the City of Roxbury.
[Repealed by Ordinance No. 34.]
[No. 31.]
AN ORDINANCE
In addition to " An Ordinance to establish a Watch for
preserving the safety and good order of the City of Rox-
bury."
Be it ordained, $*c.,- as follows :
Sect. 1. That the Mayor and Aldermen be and they
are hereby authorized and directed to appoint such a num-
ber of sober, discreet and able-bodied men of good moral
character, as they may deem expedient, to be Watchmen
in the City of Roxbury, from such hour in the evening
until such hour in the morning, as the Mayor and Alder-
men shall direct.
Sect. 2. So much of Ordinance No. 11, relative to
the City Watch, passed July 27, 1846, to which this is in
addition, as is inconsistent herewith, is hereby repealed.
Sect. 3. This ordinance shall take effect from and
after its passage.
[Passed May 7, 1849.]
[No. 32.]
AN ORDINANCE
In addition to an addition to " An Ordinance prescribing
Rules and Regulations relative to Nuisances, Sources of
Filth and Causes of Sickness within the City of Rox-
bury."
Be it ordained, 8fc, as follows :
Sect. 1. The top of the uppermost of each and every
coffin deposited in the ground in any burial place within
96 CITY ORDINANCES.
the City of Roxbury, shall be at least four feet below the
usual surface thereof.
Sect. 2. Any person offending against any of the pro-
visions of this Ordinance, shall forfeit for each and every
offence, a sum not less, than five, nor more than twenty
dollars, and shall also be liable to prosecution for the pen-
alty for such offences, established by the twenty-first chap-
ter of the Revised Statutes.
Sect. 3. All Ordinances, or parts thereof, inconsistent
with this Ordinance, are hereby repealed.
Sect. 4. This Ordinance shall take effect and go into
operation from and after the first day of January, eighteen
hundred and fifty.
[Passed December 31, 1849.]
[No. 33.]
AN ORDINANCE
In relation to " Truant Children, and Absentees from
School."
[Repealed by Ordinance No. 35.]
[No. 34.]
AN ORDINANCE
Regulating the Fire Department of the City of Roxbury.
Be it ordained, $*c, as follows :
Sect. 1. The Fire Department of the City of Roxbury
shall consist of a Chief Engineer, four Assistant Engineers,
and of as many Enginemen, Hosemen and Hook and Lad-
dermen, to be divided into companies, as the number of
Engines, and the number and quantity of other fire appa-
ratus belonging to the City shall, from time to time, require.
Sect. 2. The Engineers shall be chosen annually in the
month of April, by joint ballot of the two branches of the
City Council in convention, and shall hold their office for
one year from the first of May ensuing, and until others
shall be chosen in their places. Provided, however, that
no Assistant Engineer shall hold over, in case three of the
CITY ORDINANCES. 97
new Board are elected. And in all cases of holding over,
preference shall be given to seniority of age.
Each Engineer shall, on his appointment, receive a writ-
ten or printed certificate or warrant, in the words following,
namely ;
This certifies, that has been appointed
Engineer of the Fire Department of the City of
Roxbury, and is entitled to all the immunities belonging to
said office.
Given under my hand, this day of A. D. 18 — .
. Mayor.
, City Clerk.
Sect. 3. The Engineers, immediately on their election,
shall organize themselves into a Board, by chosing a Secre-
tary from their own number. The Chief Engineer shall be
Chairman of the Board, provided in his absence the senior
Assistant Engineer present, shall preside. The rank of the
Assistant Engineers shall be determined by the Mayor and
Aldermen.
All bills and accounts against the Department, shall be
examined by the Chief Engineer, and if approved by him,
shall be certified to the Committee on Accounts.
Sect. 4. The Engineers shall have the superintendence
and control of all the engine and other houses used for the
purposes of the Fire Department, and of all the furniture
and apparatus thereto belonging, and of the Engines and
all other fire apparatus belonging to the City, and over all
the officers and members of the several companies attached
to the Fire Department, and over all persons present at
fires, and they may make such rules and regulations for the
better government, discipline and good order of the Depart-
ment, and for extinguishment of fires, as they may from
time to time think expedient, the same not being repugnant
to the laws of the Commonwealth, or to any Ordinance of
the City, and being subject to the approval of the Mayor
and Aldermen.
The Assistant Engineers shall report their absence from
fires to the Chief Engineer, with the reasons therefor, who
shall cause a record to be made of the same, and once in
each year, prior to the election of Engineers, shall make a
report thereof to the City Council.
Sect. 5. It shall be the duty of said Engineers, when-
ever a fire shall break out in the City, immediately to re-
13
98 CITY ORDINANCES.
pair to the place of such fire, and to carry with them a
suitable staff, or badge, of their office ; to take proper
measures that the several Engines, and other apparatus, be
arranged in the most advantageous situations, and duly
worked for the effectual extinguishment of the fire ; to re-
quire and compel assistance from all persons, as well mem-
bers of the Department as others, in extinguishing the fire,
removing furniture, goods or other merchandise from any
building on fire, or in danger thereof, and to appoint guards
to secure the same ; and to suppress all tumults and dis-
orders.
It shall also be their duty to cause order to be preserved
in going to, working at, or returning from fires, and at all
other times, when companies attached to the Department
are on duty.
Whenever it shall be adjudged, at an}'- fire, by any three
or more of the Engineers, of whom the Chief Engineer, if
present, shall be one, to be necessary in order to prevent
the further spreading of the fire, to pull down or otherwise
demolish any building, the same may be done by their
joint order.
Sect. 6. The Chief Engineer shall have the sole com-
mand at fires, over all the other Engineers, all members of
the Fire Department, and all other persons who may be
present at fires ; and shall direct all proper measures for
the extinguishment of fires, protection of property, preser-
vation of order, and observance of laws, ordinances, and
regulations respecting fires. And it shall be the duty of
the said Chief Engineer to examine into the condition of
the Engines and all other fire apparatus, and of the engine
and other houses, and the reservoirs belonging to the City,
and used for the purposes of the Fire Department, and of
the companies attached to the said Department, as often as
circumstances may render it expedient, or whenever direct-
ed so to do by the Mayor and Aldermen, or by the Com-
mittee on the Fire Department, and annually to report the
same to the City Council, and oftener, if requested. Also,
to cause a full description of the same, together with the
names, age and residence of the officers and members of
the Department to be published annually, in such manner
as the City Council shall direct ; and whenever the Engines
or other fire apparatus, engine or other houses used by the
Department, require alterations, addition or repairs, the
said Chief Engineer, under the direction of the Committee
CITY ORDINANCES. 99
on the Fire Department, shall cause the same to be made.
And it shall be, moreover, the duty of the Chief Engineer
to receive and transmit to the City Council, all returns of
officers, members and fire apparatus, made by the respec-
tive companies, as hereinafter prescribed, and all other
communications relating to the affairs of the Fire Depart-
ment ; to keep or to cause to be kept fair and exact rolls of
the respective companies, specifying the time of admission
and discharge of each member, and also a record of all ac-
cidents by fire, which may happen within the City, with the
causes thereof, as well as can be ascertained, and the num-
ber and description of the building destroyed or injured,
together with the names of the owners or occupants, and
report the same, once in each year, to the City Council.
The appropriations for the Fire Department of the City
of Roxbury, for new engines, apparatus, engine houses,
extraordinary repairs and alterations upon engines or
houses, and also appropriations for reservoirs, shall be ex-
pended by or under direction of the Committee on the Fire
Department of the City Council.
Sect. 7. In the absence of the Chief Engineer, the En-
gineer next in rank who may be present, shall execute the
duties of his office with full powers.
Sect. S. No person under the 'age of twenty-one years
shall be employed as a member of the Fire Department,
nor shall any person be so employed who is not a citizen
of tile United States. And the names of all persons ad-
mitted into the several companies, or discharged therefrom,
shall within ten days after such admission or discharge, be
returned to the Chief Engineer.
Sect. 9. The terms of service for the members of the
Fire Department may commence on the first day of May,
August, November and February, and shall continue for
periods of six months each ; and no member shall be enti-
tled to any pay, unless he has served three months in the
company in which he enters. And the Clerks of the seve-
ral companies shall, on or before the first day of August,
November, February or May, return to the Chief Engi-
neer a separate certificate of the service of each member of
their respective companies.
Sect. 10. Each of the Engine, Hose and Hook and
Ladder Companies, shall have a Foreman, an Assistant
Foreman and Clerk, and these officers shall be chosen by
the written votes of their respective companies, at a meet-
100 CITY ORDINANCES.
ing specially held for that purpose, in the month of May
annually, of which meeting and purpose the members shall
be notified by the Clerk, at least three days previous there-
to, and if there be no Clerk, the commanding officer of
said company for the time being, if there be one, may issue
his order, in writing, to any member of the company, to
perform that duty until one shall be elected. And if there
be no commanding officer, the acting Chief Engineer shall
issue the order as aforesaid, and shall likewise designate
and detail some one of the Board of Engineers to preside
at said meeting. The Clerks of the several companies,
before entering upon their duties, shall be sworn to the
faithful performance thereof. They shall make quarterly
returns to the Chief Engineer, of all absences of members
of their respective companies from fires, or fire alarms, or
from meetings for the choice of officers.
Sect. 11. Whenever it shall appear that any person
has a majority of the written votes of the electors, at a
meeting notified as mentioned in the preceding section,
and at which there shall be a majority of the whole com-
pany present, the presiding officer shall forthwith inform
him of the fact, and shall make return of every election or
failure to elect, to the Chief Engineer; and said return
shall be transmitted by said Chief Engineer to the Mayor
and Aldermen.
Sect. 12. If the person so receiving the vote of the
company, shall be approved by the Mayor and Aldermen
for the respective offices to which they shall have been
elected, they shall receive a certificate of appointment, in
the form as follows :
This certifies, that is appointed of
Company No. of the Fire Department of the
City of Roxbury, and is entitled to all the immunities be-
longing to said office.
Given under my hand, this day of A. D. 18 — .
, Mayor.
, City Clerk.
and shall be invested with all the authority, and subject to
all the duty required by the laws, the City Ordinances and
rules and regulations of the Fire Department. And in
case the persons are not approved by the Mayor and Al-
CITY ORDINANCES. 101
dermen, the Mayor shall notify the Chief Engineer, who
shall order a new election, held in the manner heretofore
expressed. And if the members of the company shall then
neglect or refuse to elect some person or persons to fill
the vacant offices, whom the Mayor and Aldermen shall ap-
prove, the Mayor and Aldermen shall appoint some suita-
ble person or persons to the same : or the said company
may be disbanded by the Mayor and Aldermen. And the
Mayor and Aldermen may, at any time, discharge x the offi-
cers or members of the said companies.
Sect. 13. Whenever any person shall have received
his certificate of appointment to any office, as aforesajd, he
shall perform all the duties thereof for the year which he
was chosen, until discharged therefrom, either by death or
resignation, or by order of the Mayor and Aldermen ; in
which case the Chief Engineer shall cause a meeting to be
held, as before provided, to fill the vacancy.
Sect. 14. It shall be the duty of the Foreman to see
that the several Engines, or other apparatus entrusted to
their care, and the several buildings in which the same
may be deposited, and all things in or belonging to the
same, are kept neat, clean, and in order for immediate use ;
it shall also be their duty to preserve order and discipline
at all times in their respective companies, and require and
enforce a strict compliance with the City Ordinances, the
rules and regulations of the Department and the orders of
the Engineers. They shall also keep, or cause to be kept,
by the Clerks of their respective companies, fair and exact
rolls, specifying the time of admission and discharge of each
member, with their age and residence, and accounts of all
the City property entrusted to the care of the several
members, in a book provided for that purpose by the City,
which rolls or record books shall always be subject to the
order of the Board of Engineers, the Mayor and Aldermen,
or the Committee on the Eire Department. They shall
also make or cause to be made, to the Chief Engineer,
true and accurate returns of all the members and the appa-
ratus entrusted to their care, whenever called upon so to do.
Sect. 15. It shall be the duty of the officers and mem-
bers of the several Engine, Hose and Hook and Ladder Com-
panies, whenever a fire shall break out in the City, to repair
1 Board of Engineers may suspend in certain cases. Ord. No. 51.
102 CITY ORDINANCES.
forthwith to their respective Engines, Hose, and Hook and
Ladder carriages, and other apparatus, and to convey them
in as orderly a manner as may be, to or near the place
where the fire may be, and in conformity with the directions
of the Chief, or other Engineers, to exert themselves in
the most orderly manner possible, in working and managing
the said Engines, Hose, and Hooks and Ladders and other
apparatus, and in performing any duty that they may be
called on to do by any Engineer ; and upon permission of
the Chief or other Engineer, shall in an orderly and quiet
manner return the said apparatus to their respective places
of deposit. Provided, in the absence of all the Engineers,
such direction and permission may be given by their re-
spective Foremen.
Sect. 16. The Board of Engineers, upon the nomination
of the company, from among the members, may appoint two
or more Suction Hose men, and three or more Leading
Hose men, for each Engine company, and the men thus ap-
pointed shall hold their places for one year, unless sooner
removed by the Board of Engineers, and until others are
appointed in their places.
Sect. 17. The Engineers shall in like manner appoint a
Steward to each company, who shall hold his office for one
year, unless sooner removed by the Board of Engineers, and
until another shall be appointed in his place. It shall be
the duty of the Steward to keep the house, Engine, hose, or
other apparatus belonging to the company, clean and ready
for immediate use.
Sect. 18. The Engineers and members of the several
companies regularly appointed, shall wear such caps, badg-
es or insignia as the Mayor and Aldermen may from time to
time direct, to be furnished at the expense of the City, and
no other person or persons shall be permitted to wear the
same, except under such restrictions and regulations as the
Mayor and Aldermen may direct.
Sect. 19. 1 The members of the several companies shall
not assemble in the houses entrusted to their care except
for the purpose of taking the Engine or apparatus, on an
alarm of fire, and of returning the same to the house, and
taking the necessary care of said apparatus after its return ;
and except for the business meetings of the companies.
1 Repealed by Orel. No. 47, and a different regulation made.
CITY ORDINANCES. 103
Sect. 20. No company shall draw water from the Res-
ervoirs or Hydrants, except in case of fire, unless by special
permission of the Chief Engineer.
Sect. 21. No Engine, Hose or Hook and^ Ladder car-
riage, shall be taken to a fire out of the City, without per-
mission of an Engineer ; nor shall any of the apparatus of
the Fire Department be taken from the City, other than to
a fire, without permission from the Mayor and Aldermen.
Sect. 22. All Ordinances in relation to the Fire De-
partment, prior to this, are hereby repealed.
Sect. 23. This Ordinance shall go into effect from and
after the first day of May, 1851.
[Passed April 7, 1851.]
[No. 35.]
AN ORDINANCE
In relation to Truant Children and Absentees from School.
[Repealed by Ordinance No. 38.]
[No. 36.]
AN ORDINANCE
In addition to "An Ordinance prescribing Rules and Reg-
ulations relative to nuisances, sources of filth, and causes
of sickness within the City of Roxbury."
Be it ordained, fyc, as folloivs :
Sect. 1. The Mayor and Aldermen shall constitute the
Board of Health of the City,1 for all purposes, and shall
exercise all the powers vested in, and shall perform all
the duties prescribed to the City Council, as a Board of
Health; subject only to any limitations and restrictions
contained in the ordinances, regulations and orders of the
City Council.
Sect. 2. Whenever, upon due examination, it shall ap-
pear to the Mayor and Aldermen, that the number of per-
1 But see 2d sec. of Act of May 2, 1849, page 36.
104 CITY ORDINANCES.
sons occupying any tenement or building in the City, is so
great as to be the cause of nuisance and sickness, and the
source of filth ; or that any tenement or building are not
furnished with sufficient drains, and suitable privies and
vaults, according to the provisions of Ordinance No. 14,
they may thereupon issue notice, in writing, to such per-
sons, or any of them, requiring them to remove from and
quit such tenement or other building within such time as
the Mayor and Aldermen shall deem reasonable. And if
the person or persons so notified, or any of them, shall
neglect or refuse to remove from and quit such tenement
or building within the time mentioned in such notice, the
Mayor and Aldermen are hereby authorized and empow-
ered thereupon forcibly to remove them ; and such person
or persons shall further be liable to a penalty for such
neglect and refusal.
Sect. 3. Every person offending against any of the
provisions of this Ordinance, in relation to which a penalty
is not prescribed by the laws of the Commonwealth, shall
forfeit and pay a sum not less than five dollars or more than
twenty dollars for each offence.
Sect. 4. This Ordinance shall take effect and go into
operation from and after its passage.
[Passed July 7, 1851. J
[No. 37.]
AN ORDINANCE
Establishing the Office of City Crier.
Be it ordained, fyc, as folloivs :
Sect. 1. The Mayor and Aldermen may from time to
time grant licenses to such and so many persons as they
may deem expedient to be " Common Criers " in the City ;
and such licenses shall continue in force until the first day
of May next after the date thereof, unless sooner revoked
by the Mayor and Aldermen, and no longer.
Sect. 2. No person shall be a Common Crier within the
City of Roxbury, or cry any goods, wares or merchandise,
lost or found, stolen goods, strays or public sales, in any of
GITY ORDINANCES. 105
the streets, squares, lanes or market places, within the City,
unless he shall be licensed as aforesaid.
Sect. 3. Every person so licensed shall keep a true
and perfect list of all the matters and things by him cried,
and the names of the persons by whom he was employed
to cry the same, which list shall be open and subject to the
inspection of the Mayor and Aldermen, whenever they shall
demand the same ; and no Common Crier shall publish or
cry any abusive, libellous, profane or obscene matter or
thing- whatsoever.
Sect. 4. Any person who shall be guilty of a violation
of this Ordinance, or any part thereof, shall "forfeit and
pay for each offence a sum not less than one dollar, nor
more than twenty dollars.
[Passed June 28, 1852.]
[No. 38.]
AN ORDINANCE
In relation to Truant Children and Absentees from School.
Be it ordained, Sfc, as follows :
Sect. 1. The City of Roxbury hereby adopts the two
hundred and ninety-fourth chapter of the laws of this Com-
monwealth, for the year one thousand eight hundred and
fifty, entitled "An Act concerning Truant Children and
Absentees from School," and the act in addition thereto,
passed the twentieth day of May, in the year one thousand
eight hundred and fifty-two, and avails itself of the pro-
visions of said acts.
Sect. 2. Any minor between the ages of six and fifteen
years, who has not attended school, in conformity to the
laws of this Commonwealth, all habitual truants and absen-
tees from school, all children that are about the streets
begging and collecting swill, or trespassing upon lands,
gardens or orchards, upon conviction of any offence herein
described, shall be punished by fine not exceeding twenty
dollars ; or instead thereof, by being committed to the
almshouse establishment, at the discretion of the Justice of
the Peace having jurisdiction of the case, for such time as
said Justice of the Peace may determine, not exceeding one
14
106 CITY ORDINANCES.
year. Provided, however, that any minor convicted of
either of the offences herein mentioned, may be discharged
by such Justice of the Peace according to the provisions of
the said acts.
Sect. 3. The several Justices of the Peace for the
County of Norfolk, residing within the City of Roxbury,
shall have jurisdiction of the offences herein set forth, and
the almshouse establishment is hereby assigned and pro-
vided as the institution of instruction, house of reforma-
tion, or suitable situation mentioned in said acts.
Sect. 4. The Mayor and Aldermen shall forthwith after
the passage'of this Ordinance, and hereafter in the month
of January, annually, appoint three or more persons to
make the complaints in every case of violation of this
Ordinance, to the said Justices of the Peace, and to carry
into execution the judgments of said Justices in conformity
to the provisions of said acts.
Sect. 5. The Ordinance relating to Truant Children
and Absentees from School, passed May 12, 1851, is hereby
repealed.
Sect. 6. This Ordinance shall go into effect from and
after its passage and approval by the Court of Common
Pleas for the County of Norfolk, and no Ordinance which
has been heretofore repealed shall be revived by the repeal
herein contained.
[Passed July 12, 1852.]
[Approved September term Court of Common Pleas.]
[No. 39.]
AN ORDINANCE
Concerning the removal of House Offal and Night Soil
from the City.
Be it ordained, fyc, as follows :
Sect. 1. All house offal, whether consisting of animal
or vegetable substances, shall be deposited in convenient
vessels, and kept in some convenient place, to be taken
away by or under the direction of the person appointed by
the Mayor and Aldermen for that purpose ; which shall be
clone not less than twice in each week.
CITY ORDINANCES. 107
Sect. 2. No vault or privy shall be emptied except
under the direction of the person appointed by the Mayor
and Aldermen, and conformable to such, regulations as the
Mayor and Aldermen shall make on the subject, and always
at the expense of the owner, agent, occupant or other per-
son having charge of the tenement in which such vault is
situated.
Sect. 3. No person, except such as shall have been ap-
pointed by the Mayor and Aldermen for that purpose, or
his agents, shall collect, remove or carry away from any
dwelling house or other place, through any of the streets
of this City, any house oifal or night soil.
Sect. 4. The Mayor and Aldermen, immediately after the
passage of this Ordinance and thereafter, in the month of
April annually, shall appoint a suitable person whose duty
it shall be to take charge of the removal of offal and night
soil. And the person so appointed shall cause the same to
be used on the City lands, or shall have the power to sell
and dispose of any portion of the night soil not so used
that he may deem proper, and he shall make and render an-
nually, in the month of February, an account of all that may
have been sold, and pay over the proceeds to the City
Treasurer.
Sect. 5. A book shall be kept in the office of the City
Marshal, in which shall be entered all applications for open-
ing and cleansing vaults, and the same shall receive atten-
tion in the order in which they are made. The Mayor and
Aldermen shall from time to time determine the sum to be
paid by persons who shall make such applications.
Sect. 6. This Ordinance shall not apply to any persons
who may use their house offal or night soil on their own
premises.
Sect. 7. Any persons offending against any of the pro-
visions of this Ordinance, shall be punished by a fine not
exceeding twenty dollars.
Sect. 8. This Ordinance shall take effect and go into
operation in twenty days from and after its passage.
[Passed June 27, 1853.]
108 CITY ORDINANCES.
[No. 40.]
AN ORDINANCE
Establishing the Office of Commissioner of Streets, and
defining the Duties thereof.
Be it ordained, fyc, as folloios :
Sect. 1. Forthwith and hereafter, in the month of Jan-
uary annually, there shall be appointed by the Mayor and
Aldermen a Commissioner of Streets, who shall continue
in office until removed, or until a successor be appointed.
He shall receive such compensation for his services as the
Mayor and Aldermen shall establish, and shall be remova-
ble at the pleasure of the Mayor and Aldermen ; and in case
said office shall become vacant by death, resignation, or
otherwise, a successor shall forthwith be appointed.
Sect. 2. It shall be the duty of the Commissioner of
Streets, under the general care and direction of the Mayor
and Aldermen, to superintend the general state of the streets,
roads, sidewalks, lanes, bridges, public walks and squares
of the City ; to attend to the making, widening or alteration
of the same, to cause the same to be kept, in good, suffi-
cient and suitable repair, and when so ordered, to make all
contracts for the supply of labor and the materials therefor,
to superintend the building and repairs of any drains or
sewers for the City, and shall give notice to the Mayor or
to such person as he may direct, in case of nuisance,
obstruction or encroachment in or upon any of the streets,
roads, sidewalks, bridges, public walks or squares of the
City. And the City shall not be responsible for any of his
doings that have not been ordered by the City Council, the
Mayor and Aldermen, or the Surveyors of Highways, or
sanctioned by express vote.
Sect. 3. The said Commissioner, under the control and
direction of the Mayor and Aldermen, shall have the care
and superintendence of the City stables, horses, carts, vehi-
cles, tools, implements and other property of the City be-
longing to or attached to this department, and shall see that
the same are kept in good order and condition, and shall
make all necessary arrangements for cleaning the streets
and disposing of manure and house dirt.
Sect. 4. The said Commissioner shall keep an exact
CITY ORDINANCES. 109
account of the receipts and expenditures in his department,
with the names of all persons who have furnished materials,
and of all workmen, and the amount due to each individ-
ual, and shall lay the same before the Mayor and Alder-
men for their examination and allowance, at least once
in each month, and at such other times as the said Mayor
and Aldermen may direct. And he shall, on or before the
last Monday in January, annually, make and render to the
City Council, a report containing a general statement of the
expenses of his department during the preceding year, and
specifying as near as may be the amounts expended upon
different streets for sidewalks, number of feet of edgestones
laid, number of yards of paving and cost of same, and such
other information as he may consider desirable, together
with a schedule in detail of the property under his charge
belonging to the City.
Sect. 5. The Ordinance entitled, " An Ordinance es-
tablishing the office of Commissioner or Commissioners of
Highways, and defining the duties thereof," passed the
twenty-second day of June, in the year eighteen hundred
and forty-six, is hereby repealed.
Sect. 6. This Ordinance shall take effect and go into
operation from and after its passage.
[Passed March 20, 1854.]
[No. 41.]
AN ORDINANCE
In Relation to the Acceptance of Streets in the City of
Roxbury.
Be it ordained, Sfc, as follows :
Sect. 1. No street already laid out and not built upon,
or which shall hereafter be laid out, shall be accepted by
the City Council, unless the same shall be fifty feet in width.
Sect. 2. No street shall hereafter be accepted by the
City Council, until the grade of said street shall have been
first determined by the Board of Aldermen, and surveyed
by a competent surveyor, duly appointed by the said Board,
and until a plan of said street, drawn by the said surveyor
110 CITY ORDINANCES.
at the expense of the abuttors on said street, shall have
been deposited with the City Treasurer.
Sect. 3. No street shall be accepted by the City Coun-
cil, until the grade of such street shall have been first made,
at the expense of the abuttors, to correspond with the plan
of the surveyor.
Sect. 4. This Ordinance shall take effect immediately
after its passage.
[Passed April 3, 1854.]
[No. 42.]
AN ORDINANCE
To repeal " An Ordinance authorizing the Appointment
and prescribing the Duties of a City Marshal." *
Be it ordained, tj'c, as follows :
Sect. 1. The Ordinance authorizing the appointment
and prescribing the duties of a City Marshal, is hereby
repealed.
Sect. 2. This Ordinance shall take effect from and
after its passage.
[Passed May 8, 1854.]
[No. 43.]
AN ORDINANCE
Establishing the Office of City Solicitor.
Be it ordained, <Sfc, as follows :
Sect. 1. That annually in the month of February, and
whenever a vacancy in the office may occur, there shall be
chosen by a concurrent vote of both branches of the City
Council, a Solicitor for the City of Roxbury, who shall be a
resident citizen thereof, and who shall have been admitted
an attorney and counsellor of the Courts of the Common-
wealth, and who shall be removable at the pleasure of the
City Council.
Sect. 2. That it shall be the duty of said Solicitor to
1 Ord. No. 45 provides for appointment of City Marshal.
CITY ORDINANCES. Ill
draft all legal instruments which may be required of him,
by any ordinance or order of the Mayor and Aldermen, or
of the City Council, or which may be requisite to be made
by the City of Roxbury, and any person contracting with
the City in its corporate capacity, and which by law, usage
or agreement, the City is to be at the expense of draw ing.
Sect. 3. That it shall be the duty of the City Solicitor
to commence and prosecute all actions and suits to be com-
menced, and to prosecute all actions already commenced
by the City before any tribunal in this Commonwealth, and
also to appear in, defend and advocate the rights and in-
terests of the City, or any of the officers of the City, in any
suit or prosecution for any act or omission in the discharge
of their official duties, wherein any estate, right, privilege,
ordinance or acts of the City Government, or any breach of
any ordinance may be brought in question. And said So-
licitor shall also appear before the Legislature of the Com-
monwealth, or any Committee thereof, or any Board of
Commissioners or Referees appointed by law, and there
represent, defend and advocate the interests of the City
whenever the same may be in any way affected, whether
to prosecute or defend the same ; and he shall, in all mat-
ters, transact all professional business incident to the office,
which may be required of him by the City Government, or
by any Committee thereof; and he shall, when required,
furnish the Mayor and Aldermen, the Common Council, or
any Committee of either or both branches, or any member
thereof, or any officer of the City Government who may
require it in the official discharge of his duties, with his
legal opinion on any subject relating to the duties of their
respective offices. And his opinion shall be given in writ-
ing whenever required.
Sect. 4. That in full compensation for all the services of
said Solicitor, he shall receive the sum oijive hundred dollars
for the first year, after which he shall receive such salary
as the City Council may from time to time determine upon ;
and said salary shall be paid in equal quarterly payments.
In all cases, however, when his attendance may be required
out of the City, his reasonable travelling expenses shall be
allowed him ; and in suits and prosecutions he shall be en-
titled to receive and retain for his own use, the legal taxa-
ble costs which may be recovered of the adverse party,
where the City shall recover the same, according to the
usage and practice in the Courts.
112 CITY ORDINANCES.
Sect. 5. The said Solicitor shall enter upon the dis-
charge of the duties of his office immediately after he is
chosen, the present year, and afterwards upon the first of
March, annually.
Sect. 6. This Ordinance shall take effect from and
after its passage.
[Passed Feb. 5, 1855.]
[No. 44.]
AN ORDINANCE
Relating to Expenditures for Lamps.
Be it ordained, fyc, as folloios :
Sect. 1. The appropriations made by the City Council
for Lamps, shall be expended under the direction of the
Committee on Lamps. And all bills and accounts for
lamps, lamp-posts, oil, camphene and gas, when certified
by the Chairman of said Committee, shall be audited by
the Committee on Accounts, and be paid from the City
Treasury.
Sect. 2. Said Committee shall from time to time cause
such additional Lamps to be set up as they may determine
that the public safety and convenience require, (provided
the expense shall not exceed the appropriation therefor,)
and shall make such rules and regulations respecting the
lighting, extinguishing and preservation of such Lamps as
they may deem most for the benefit of the City.
Sect. 3. Said Committee shall annually, in the month
of October, report to the City Council the condition of the
City Lamps ; the manner the appropriations under their
direction have been expended, and make such suggestions
in reference to future appropriations and expenditures for
the purpose, as in their judgment the public safety and
convenience may require.
Sect. 4. This Ordinance shall take effect from the date
of its passage..
[Passed Feb. 12, 1855.]
CITY ORDINANCES. 113
[No. 45.]
AN ORDINANCE
Authorizing the Appointment and prescribing the Duties of
City Marshal.
Be it ordained, fyc, as follows :
Sect. 1. The Mayor and Aldermen shall forthwith and
hereafter, in the month of April, annually, appoint a City
Marshal, and such number of Assistants as they may deem
necessary for day and night Police, with the powers and
duties of Constables, who shall remain in office until the
next annual election, unless removed as hereinafter pro-
vided.
Sect. 2. Said Marshal shall have precedence and com-
mand over his Assistants, and the other Constables, when-
ever engaged in the same service, or when directed thereto
by the Mayor and Aldermen, and before entering upon the
duties of his office, shall be sworn to the faithful perform-
ance of its duties by the Mayor, and shall also give bonds
to the Treasurer of the City of Roxbury in the sum of five
hundred dollars, with sufficient sureties, to be approved by
the Mayor and Aldermen, for the faithful performance of
the duties of said office.
Sect. 3. It shall be the duty of the City Marshal, from
time to time, to pass through the streets, lanes, alleys and
courts of the City, to observe all nuisances, obstructions
and impediments therein, to the end that the same be re-
moved or prosecuted, according to law ; to notice all
offences against the laws and against the ordinances of the
' City, taking the names of the offenders, to the end that the
same may be prosecuted. It shall also be his duty to re-
ceive all complaints of the inhabitants, made for any breach
of the laws or ordinances of the City. It shall also be his
duty to enforce and carry into effect, to the utmost of his
power, all and every of the City ordinances and by-laws.
It shall also be his duty to attend all fires by day and by
night, and report himself to the Chief Engineer or his suc-
cessors, and exert himself to the utmost of his powers to
keep good order, to remove all suspected persons from the
vicinity of the fire, and to protect the property of the citi-
zens from loss or damage. He shall also, whenever re-
quested by the Chief Engineer, visit and direct his Assist-
15
114 CITY ORDINANCES.
ants to visit, at all hours of the day or night, each and all
of the engine houses for the purpose of aiding in the env
foreement of the City ordinances. It shall also be his duty,
and that of his Assistants, to act as Truant Officers in the
enforcement of the ordinance in regard to truants and ab-
sentees from school. It shall be his duty to execute all
orders and commands of the Mayor and of the Board of
Aldermen, in relation to any matter or thing in which the
City shall be in anywise concerned or interested. He shall
be vigilant to detect the breach of any law, by-law or
ordinance, It shall also be his duty to prosecute all offend-
ers as soon as may be, and attend, in behalf of the City,
the trials of all offences which may be prosecuted ; and to
use all lawful means for the effectual prosecution and final
conviction of offenders, and to lay before the Mayor and
Aldermen a correct statement of all prosecutions by him
instituted in behalf of the City, or in which the City is any
way concerned, within one week after their final determi-
nation respectively, and once a month furnish the Mayor
with a detailed report, in writing, of such offences against
the laws or the City ordinances, as he may have detected.
It shall also be his duty to collect, receive and pay over to
the Treasurer of the City, all fines and penalties incurred
for violations of the by-laws and ordinances of the City,
and all fees received by himself or his Assistants as wit-
nesses, or for service of criminal processes, or for services
in behalf of the City ; and further to perform all such other
and additional duties, and to comply with all such regula-
tions as may at any time be prescribed to him by the
Mayor and Aldermen.
Sect. 4. The Mayor and Aldermen may, at any time,
by vote, remove from office the said City Marshal and his
Assistants, or any or either of them ; and thereupon, or in
case of the death or resignation of any or either of them,
proceed to appoint a successor or successors for the residue
of the year.
Sect. 5. The Assistant Marshals shall act under the
direction of the City Marshal, and the Mayor and Alder-
men, in the performance of their duties, and of any and all
such duties as are prescribed in this Ordinance for the City
Marshal.
Sect. 6. The City Marshal and Assistants shall receive
in full for all their services, respectively, such compensation
(per diem) as the City Council may from time to time de-
CITY ORDINANCES. 115
termine ; together with all necessary charges for travel,
ollices, warming and tighting the same, and for all neces-
sary implements for carrying out the purposes ol a Police
organization.
Sect. 7. This Ordinance shall take effect and go into
operation from and after its passage.
[Passed Feb. 26, 1855.]
[No. 46.]
AN ORDINANCE
Amendatory of "An Ordinance in relation to the acceptance
of Streets in the City of Roxbury."
[Repealed by Ordinance No. 49.]
[No. 47.]
AN ORDINANCE
Amendatory of "An Ordinance regulating the Fire Depart-
ment of the City of Roxbury."
Be it ordained, Sfc, as follows :
Sect. 1. That Section 19 of the Ordinance aforesaid,
be and hereby is repealed.
Sect. 2. The members of the several companies shall
not assemble in the houses entrusted to their care on the
Sabbath, except for the purpose of taking the Engine or
apparatus, on an alarm of fire, and of returning the same
to the house, and taking the necessary care of said appara-
tus after its return. And any member violating this regu-
lation herein made, shall be liable to be discharged from
the Department by the Mayor and Aldermen. This regu-
lation shall not apply to the Officers and Stewards of the
several companies.
Sect. 3. No person not connected with the Department
shall enter the different engine houses in the City on the
Sabbath, for any other purpose than to render assistance
in taking or returning the Engine or Engines, or apparatus
on an alarm of fire. And any person so offending shall
forfeit the sum of five dollars, to be recovered on com-
plaint made to the Presiding Justice of the Police Court of
said City.
[Passed June 25, 1855. J ' _^
116 CITY ORDINANCES.
[No. 48.]
AN ORDINANCE
Establishing the Office of City Physician.
Be it ordained, fyc, as follotos :
Sect. 1. There shall be chosen forthwith, and hereafter
annually in the month of May, and whenever a vacancy
occurs, by concurrent vote of the two branches of the City
Council, a City Physician, who shall hold his office until he
is removed, or a successor chosen in his place. He shall be
removable at the pleasure of the City Council, and shall
receive such compensation as the City Council shall from
time to time determine.
Sect. 2. The said physician shall attend, at his office, or
at such place as may be designated, at such times during
the day as the Board of Aldermen may direct ; and he shall
vaccinate any inhabitant of the City, who shall apply to him
for that purpose, without charge ; he shall also give certifi-
cates of vaccination to such children as have been vaccinated,
to enable them to obtain admission to the public schools :
provided, that no person shall be entitled to the benefits of
this section, who shall wilfully refuse or neglect to return
to said physician when requested so to do, for the purpose
of proving the effect of the vaccination, or of renewing the
supply of virus for the use of said physician.
Sect. 3. The said City Physician shall always have on
hand, as far as is practicable, a sufficient quantity of virus,
and he shall supply the Consulting Physicians of the City,
and the physicians of the Roxbury Dispensary, with the
same without charge.
Sect. 4. He shall keep a record of all cases of Small
Pox, or other malignant diseases, attended by him under
this Ordinance, and make a report thereof to the City
Council, as often as once in three months, or whenever the
Board of Aldermen may direct.
Sect. 5. The said City Physician shall examine all
causes of disease within the City, and inquire into all
sources of danger to the public health ; and in case of an
alarm of any contagious, infectious, or other dangerous
disease occurring in the City or neighborhood, to give to
the Mayor, or either Board of the City Council, such pro-
CITY ORDINANCES. 117
fessional advice and information as they may request, with
a view to the prevention of said diseases, and the preser-
vation of the health of the inhabitants.
Sect. 6. The said City Physician shall likewise perform
all professional services required at the City Almshouse,
when called upon by the Superintendent of the same, the
Overseers of the Poor, or Mayor and Aldermen ; and shall
likewise perform such duties as are required in " An Act
to secure general vaccination," as the Mayor and Aldermen
may direct.
Sect. 7. The said City Physician shall attend to all
cases of disease that may occur among prisoners in the
" Lock-up," and perform such other professional services
as maybe required at the aforesaid place when called upon
by any of the City Police.
Sect. 8. This Ordinance shall go into effect on and
after its passage.
[Passed July 16, 1855.]
[No. 49.]
AN ORDINANCE
To Repeal Ordinance No. 46, entitled "An Ordinance
amendatory of an Ordinance in relation to the Accep-
tance of Streets in the City of Roxbury."
Be it ordained, Sj'c, as follows :
That Ordinance No. 46 be and the same is hereby re-
pealed.
[Passed November 9, 1857.]
[No. 50.]
AN ORDINANCE
To appropriate annually a certain amount of the Monies
raised by Taxation towards a reduction of the City Debt.
Be it ordained, Sj'c, as follows :
That all money received on account of the sale of real
estate, of any description, now belonging, or which may
118 CITY ORDINANCES.
hereafter belong to the City; all receipts on account of
the principal sum of any Bond or Note owned by the City,
or which may hereafter be owned by them; and also, of
the Annual City Tax in every year after the financial year
ending April 30, 1859, a sum that shall not be less than
three per centum of the amount of the principal of the City
Debt, shall be, and the same is hereby appropriated for the
payment or purchase of the capital of the City Debt.
[Passed June 14, 1858.]
[No. 51.]
AN ORDINANCE
In addition to "An Ordinance regulating the Fire Depart-
ment of the City of Roxbury."
Be it ordained, <£*c, as follows :
Sect. 1. Whenever the Board of Engineers shall decide
to report the name of any member of the Eire Department
to the Mayor and Aldermen, with the view of procuring
the discharge of such member from the Department for
neglect of duty or disorderly conduct, said Board of
Engineers may forthwith suspend such member from duty
until the matter of his discharge shall have been finally
acted upon by the Mayor and Aldermen, and if such mem-
ber be discharged, he shall receive no pay from and after
such suspension. Provided, that the name of the member
shall be reported to the Mayor and Aldermen at or before
the second meeting next after the Board of Engineers shall
have decided to make such report.
Sect. 2. This Ordinance shall take effect from and
after its passage.
[Passed June 14, 1858.]
Citj of Quthvtu.
RULES AND ORDERS
BOARD OF ALDERMEN.
I. The order of business shall be as follows :
1. The journal of the previous meeting shall be read.
2. Petitions shall next be called for, and be disposed
of by reference or otherwise.
3. Such nominations, appointments and elections as may
be in order, shall be considered and disposed of.
4. The orders of the day shall be taken up, meaning by
the orders of the day, the business remaining unfinished at
the previous meeting, and such communications as may have
been subsequently sent up from the Common Council.
5. New business may be introduced by any member of
the Board.
II. Every Ordinance shall pass through the following
stages before it shall be considered as having received the
final action of this Board, viz. : first reading, second 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.
120 Rides 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 Bills and Accounts pre-
sented for payment, and on Enrolment; each of said Com-
mittees to consist of three members.
V. No member shall be interrupted while speaking, but
by a call to order, or for the correction of a mistake ; nor
shall there be any conversation among the members while
a paper is being read or a question stated from the Chair.
VI. All Committees shall be appointed and announced
by the Mayor, except such as the Board of Aldermen shall
determine to elect by ballot.
VII. The above rules and orders of business shall be
observed in all cases, unless suspended by a vote of two-
thirds of the members present for a specific purpose.
RULES AND ORDERS
OF THE
COMMON COUNCIL.
RIGHTS AND DUTIES OP 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 pre-
side until a President pro tempore shall be chosen by bal-
lot. If, upon a ballot for President pro tempore, no mem-
ber shall receive a majority of votes, the Council shall pro-
ceed 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 sec-
onded.
Sect. 3. He shall declare all votes; but if any member
doubt the vote, the President, without further debate upon
the question, shall require the members voting in the affir-
mative 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.
16
122 Rules and Orders of the Common Council,
Sect. 4. He shall rise to address the Council, or to put
a question, but may read sitting.
Sect. 5. The President may call any member to the
chair ; provided such substitution shall not continue longer
than one evening. When the Council shall determine to
go into Committee of the Whole, the President shall ap-
point 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 Presi-
dent may state facts, and give his opinion on questions of
order, without leaving his place.
Sect. 6. On all questions and motions, the President
shall take the sense of the Council by yeas and nays,
provided one-third of the members present shall so re-
quire.
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 certain,
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.
In the City of Roxbury, for 1858. 123
Sect. 12. He shall put the previous question in the fol-
lowing form : — " Shall the main question be now put? " —
and all debate upon the main question shall be suspended
until the previous question shall be decided. After the
adoption of the previous question, the sense of the Council
shall forthwith be taken upon amendments reported by a
committee, upon pending amendments, and then upon the
main question.
Sect. 13. On the previous question, no member shall
speak more than once without leave ; and all incidental
questions of order, arising after a motion is made for the
previous question, shall be decided without debate, except
on appeal, and on such appeal, no member shall be allowed
to speak more than once without leave of the Council.
Sect. 14. "When two or more members happen to rise
at once, the President shall name the member who is first
to speak.
Sect. 15. All Committees shall be appointed and an-
nounced by the President, except such as the Council deter-
mine 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.
Sect. 18. No member speaking shall be interrupted by
another, but by rising to call to order, or to correct a mis-
124 Rules and Orders of the Common Council,
take. When a member is called to order, he shall imme-
diately 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, if objection be made, until all other members
choosing to speak, shall have spoken ; and if, on the " pre-
vious question," no more than once without leave.
Sect. 20. When a motion is made and seconded it shall
be considered by the Council, and not otherwise ; and no
member shall be permitted to submit a motion in writing,
until he has read the same in his place, and it has been
seconded.
Sect. 21. Every motion shall be reduced to writing, if the
President direct, or any member of the Council request it.
Sect. 22. When a vote has passed, it shall be in order
for any member of the 'majority, to move for a reconsidera-
tion thereof on the same or succeeding meeting, and if the
motion is seconded, it shall be open to debate ; but if the
motion to reconsider it is not made till the next meeting,
the subject shall not be reconsidered, unless a majority of
the whole Council shall vote therefor. And no more than
one motion for the reconsideration of any vote shall be
permitted.
Sect. 23. No member shall be permitted to stand up,
to the interruption of another, whilst any member is speak-
ing ; or to pass unnecessarily between the President and
the person speaking.
Sect. 24. Every member who shall be in the Council
when a question is put, shall vote, unless for special reasons
excused.
Sect. 25. The division of a question may be called for
when the sense will admit of it.
In the City of Roxbury, for 1858. 125
Sect. 26. When the reading of a paper is called for and
the same is objected to by any member, it shall be deter-
mined 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 re-
pealed or amended, without one day's notice being given
of the motion therefor, nor unless a majority of the whole
Council shall concur therein.
Sect. 28. Every member shall take notice of the day
and hour to which the Council may stand adjourned, and
shall give his punctual attendance accordingly.
Sect. 29. No member shall be obliged to be on more
than three Standing Committees at the same time, nor to
be chairman of more than one.
OF communications, committees, eeports and eesolutions.
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, re-
monstrance, order, resolution, or other paper, shall endorse
his name thereon, with a brief statement of the nature and
object of the instrument.
Sect. 31. Standing Committees of this Council shall be
appointed on the following subjects, viz. : On Election and
Returns, and on Enrolled Ordinances and Resolutions, each
to consist of three members.
Sect. 32. No Committee shall sit during the sitting of
the Council, without special leave.
Sect. 33. The rules of proceedings in Council shall be
observed in Committee of the Whole, so far as they may
be applicable, excepting the- rules limiting the time of
126 Rules and Orders of the Common Council,
speaking; but no member shall speak twice to any question,
until every member choosing to speak shall have spoken.
Sect. 34. When Committees of the Council chosen by
ballot, or Committees consisting of one member from each
Ward, have been appointed or elected, whether joint or
otherwise, the first meeting thereof shall be notified by the
Clerk, by direction of the President, and they shall organ-
ize by the choice of Chairman, and report to the Council;
and when Committees, other than those above specified,
arc nominated by the President, the person first named
shall be Chairman, and in case of the absence of the Chair-
man, the Committee shall have power to appoint a Chair-
man pro tern.
Sect. 35. All messages to the Mayor and Aldermen
shall be drawn up by the Clerk and sent by the Messinger.
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
ordered, shall consist of three members. And no report
shall be received from any committee, unless agreed to in
committee 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, —
In the City of Roxbury, for 1858. 127
shall notify tlio chairmen of the various committees on the
part of the Council of their election; but all accepted
reports from Special Committees of this Board, shall be
entered at length in a separate journal, to be kept for that
purpose, and provided with an index.
Sect. 41. All salary officers shall be voted for by writ-
ten ballot.
Sect. 42. It shall be the duty of all Standing Commit-
tees of the Council, to keep records of all their doings in
books provided for that purpose by the Clerk; and it shall
be the duty of the Clerk to attend the meetings of said
Committees, and make said records when requested so to
do.
Sect. 43. No meeting of any Committee shall be called
upon less notice than twenty-four hours.
Sect. 44. In all elections by ballot, on the part of the
Council, blank ballots, and all ballots for persons not eligi-
ble, 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 maybe 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's Manual of Parliamentary
Practice."
JOINT RULES AND ORDERS
CITY COUNCIL
Sect. 1. At the commencement of the Municipal Year,
the following Joint Standing Committees shall be chosen
by ballot, viz. : —
A Committee on Finance : — To consist of the Mayor,
one Alderman and five members of the Common Council.
A Committee on Accounts : — To consist of two Alder-
men, and three members of the Common Council.
And the following shall be appointed, viz. : —
A Committee on Public Property : — To consist of three
members of the Board of Mayor and Aldermen, and five
members of the Common Council.
A Committee on Public Instruction : — To consist of
the Mayor, two Aldermen, and the President and four
members of the Common Council.
A Committee on the Poor and Almshouse : — To consist
of the Mayor, one Alderman, and three members of the
Common Council.
A Committee on Fuel : — To consist of two members
of the Board of Mayor and Aldermen, and three members
of the Common Council.
A Committee on Streets : — To consist of the Mayor,
two Aldermen, and five members of the Common Council.
A Committee on the Fire Department : — To consist of
three members of the Board of Mayor and Aldermen, and
five members of the Common Council.
17
130 Joint Rules and Orders of the City 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 Committee
shall have power to call meetings thereof.
Sect. 2. In all cases of disagreement between the two
Boards, when either Board shall request a conference and
appoint a Committee for that purpose, the other Board
shall also appoint a Committee to confer, which Commit-
tee shall forthwith meet, provided both branches are then
in session; otherwise, as soon as convenient, and state to
Joint Rules and Orders of the City Council. 131
each other, either verbally or in writing, as either shall
choose, the reasons of the respective Boards for and against
the amendment, confer freely thereon, and report to their
respective branches.
Sect. 3. When either Board shall not concur in any
ordinance or other paper sent from the other Board, the
Board so non-concurring, shall give notice thereof to the
other branch by written message.
Sect. 4. All by-laws passed by the City Council, shall
be termed Ordinances,* and the enacting style shall be, —
"Be it ordained by the City Council of the City of Rox-
bury."
Sect. 5. In all votes, when either or both branches of
the City Council express any thing by way of command,
the form of expression shall be " Ordered ;" and when
either or both branches express opinions, principles, facts,
or purposes, the form shall be, "Resolved."
Sect. 6. No Committee shall act by separate consulta-
tion, and no report shall be received unless agreed to in
Committee actually assembled.
Sect. 7. No Chairman of any Committee shall audit or
approve any bill or account against the City, for any sup-
plies or services which shall not have been ordered or au-
thorized by the Committee.
Sect. 8. No Committee shall enter into any contract
with, or purchase, or authorize the purchase of any article
of any of its members.
Sect. 9. The reports of all Committees, agreed to by
a majority of the members, shall be made to the Board in
which the business referred originated. And all Commit-
tees may report by ordinance, resolve or otherwise.
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-
132 Joint Rules and Orders of the City Council.
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.
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.
Joint Rules and Orders of the City Council. 133
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 Streets excepted,) to whom any
subject may be specially referred, to report thereon within
four weeks, or ask for further time.
Sect. 18. Either Board may propose to the other, for
its concurrence, a time to which both Boards will adjourn.
Sect. 19. No business shall be transacted by the City
Council in convention, except such as shall have been
previously agreed upon.
Sect. 20. After the annual appropriations shall have
been passed, no subsequent expenditure shall be author-
ized for any object, unless provision for the same shall be
made by a specific transfer from some of the appropria-
tions contained in the annual resolution, or by expressly
creating therefor a City debt; but no such debt shall be
created, unless the resolution, authorizing the same, pass
by the affirmative votes of two-thirds of the whole number
of each branch of the City Council, voting by yea and nay.
Sect. 21. No vote, by which an order, resolve or ordi-
nance has been passed in its final stage, shall be reconsid-
ered in either Board after the same has been finally acted
upon in the other Board, unless the motion for reconsider-
ation be made, or notice given at the same meeting at
which the vote to be reconsidered passed.
GOVERNMENT
OF THE
CITY OF EOXBUKY,
1858.
MAYOR.
JOHN S. SLEEPER, Eustis Street.
[Salary, $1000. Charter, Sect. 7.]
ALDERMEN.
WILLIAM S. LELAND, Walnut Street, At Laege.
JOHN C. CLAPP, Oakland Place, "
GEORGE LEWIS, Highland Street, "
SAMUEL PEARSON, Eustis Street, Ward 1.
BENJAMIN S. NOYES, Belmont Street, « 2.
URIAH T. BROWNELL, Perkins Place, " 3.
SAMUEL A. SHURTLEFF, Linwood Place, « 4.
IVORY HARMON, Greenville Street, " 5.
COMMON COUNCIL.
HENRY P. SHED, President, Mount Yernon Place.
Ward 1.
Ebenezer Ryerson, . . Eustis Street.
Albert Brewer, . . . Zeigler Street.
Chester M. Gay, . . . Davis Place.
William Morse, . . . Yeoman Street.
136 CITY OFFICERS.
Ward 2.
William P. Fowle, . . Auburn Street.
Gideon B. Richmond, . . Franklin Place.
Thacher F. Sweat, . . Ruggles Street.
Albert Batchelder, . . Vernon Street.
Ward 3.
Alfred G. Hall, . . . Phillips Street.
Patrick H. Rogers, . . Smith Street.
Thomas J. Mayall, . . Pierpont Street.
John M. Way, . . . Washington Street.
Ward 4.
John R. Hall, . . . Centre Street.
James A Tower, . . . Dudley Street.
William Graham, . . Norfolk Street.
Hartley E. Woodbridge, . Oak Street.
Ward 5.
Ebenezer W. Bumstead, . Warren, cor. Regent St.
Robert C. Nichols, . . Cottage Street.
William Barton, . . . Warren Place.
Henry P. Shed, * . . Mount Yernon Place.
CITY 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. Charter, Sect. 8.]
CLERK OF COMMON COUNCIL.
FRANKLIN WILLIAMS, Zeigler Street.
Salary $200. [Chosen by Common Council. Charter,
Sect. 6.]
CITY MESSENGER.
WILLIAM N. FELT ON, Zeigler Street.
Salary $550. [Chosen by concurrent vote in April.
Ordinance No. 5.]
CITY OFFICERS.
137
JOINT STANDING COMMITTEES.
ON FINANCE.
The Mayor.
Alderman
Shurtleff.
Common Council.
Messrs. Tower,
Barton,
Brewer,
Mayall,
Sweat.
ON ACCOUNTS.
Aldermen
Lewis,
Clapp,
Common Council.
Messrs. Bumstead,
Fowle,
J. R. Hall.
OIN
PUBLIC PROPERTY.
Aldermen
Lewis,
Harmon,
Shurtleff,
Common Council.
Messrs. Barton,
Tower,
Morse,
Batchelder,
A. G. Hall.
ON
PUBLIC INSTRUCTION.
The Mayor.
Aldermen
Leland,
Pearson.
Common Council.
Messrs. Shed, ex officio,
Tower,
Fowle,
Ryerson,
Mayall.
ON STREETS.
The Mayor,
Aldermen
Brownell,
Harmon.
Common Council.
Messrs. Nichols,
Brewer,
Richmond,
A. G. Hall,
Rogers.
18
138
CITY OFFICERS.
ON LAMPS.
Aldermen
Pearson,
Brownell,
Common Council.
Messrs. Bumstead,
Woodbridge,
Brewer.
ON THE FIRE DEPARTMENT.
Aldermen
Leland,
Brownell,
Pearson.
Common Council.
Messrs. Graham,
Nichols,
Gay,
Sweat,
May all.
ON BURIAL GROUNDS.
The Mayor.
Aldermen
Noyes,
Leland.
Common Council.
Messrs. J. R. Hall,
Barton,
"Ryerson,
Way,
Sweat.
ON FUEL.
Aldermen
Olapp,
Harmon.
Common Council.
Messrs. Brewer,
Graham,
Richmond.
ON POOR AND ALMSHOUSE.
The Mayor.
Alderman
Brownell.
Common Council.
Messrs. Batchelder,
Rogers,
Morse.
ON PRINTING.
Aldermen
Noyes,
Clapp.
Common Council.
Messrs. Gay,
"Woodbridge,
Fowlc.
CITY OFFICERS. 139
STANDING COMMITTEES OP THE BOARD OF
ALDERMEN.
ON POLICE.
The Mayor, Aldermen Lelancl and Shurtleff.
ON LICENSES.
The Mayor, Aldermen Noyes and Clapp.
ON ENROLMENT.
Aldermen Noyes, Pearson and Lewis.
ON BILLS OR ACCOUNTS PRESENTED FOR ALLOWANCE OR PAYMENT.
Aldermen Shurtleff, Noyes and Harmon.
STANDING COMMITTEES OF THE COMMON
COUNCIL.
ON ELECTIONS.
Messrs. Buinstead, Richmond and Brewer.
ON ENROLLED ORDINANCES.
Messrs. Batchelder, J. R. Hall and Way.
TREASURY DEPARTMENT.
TREASURER AND COLLECTOR.
Joseph "W. Dudley, Blanchard Place.
Salary $1400. [Chosen by City Council, in Convention,
in January. Office, City Hall. Charter, Sect. 8. See
Ordinance No. 8.]
140 CITY OFFICERS
ASSESSORS.
Joseph N. Brewer, Joshua Seaver, Benjamin Meriam.
Receive $250 each, and $100 for Clerk hire. [Chosen by City Coun-
cil, in Convention, in April. Charter, Sections 8 and 11.]
ASSISTANT ASSESSORS.
Ward 4. Benjamin Perkins,
5. John T. Ellis.
Ward 1. William Dove,
2. Gera Farnum,
3. Uriah T. Brownell,
Receive $20 each. [Chosen in each "Ward where they reside. Char-
ter, Sect. 11.]
OVERSEERS OF THE POOR.
The Mayor, ex officio, Chairman
Ward 1. Warren Marsh,
2. Ira Allen,
3. John McElroy,
[Chosen in each "Ward where they reside. Charter, Sect. 11.]
Ward 4. George Curtis,
5. George Grecerson.
THE ALMSHOUSE.
Ezra Young, Superintendent. Salary $500. [Appointed
by the Overseers of the Poor.]
Joseph H. Streeter, M. D., Physician. Salary $100. [Ap-
pointed by the Overseers of the Poor.]
SURVEYORS OF HIGHWAYS.
[Ordinance No. 3, Sect. 1.]
John S. Sleeper,
William S. Leland,
John C. Clapp,
George Lewis,
Samuel Pearson,
Benjamin S. Noyes,
Uriah T. Brownell,
Samuel A. Shurtleff,
Ivory Harmon.
CITY OFFICERS. 141
COMMISSIONER OF STREETS.
Moses H. Libby, Orange Place.
Salary $ — . [Chosen by the Mayor and Aldermen, in
January. Ordinance No. 40.]
FIRE DEPARTMENT.
[Ordinance No. 34.]
CHIEF ENGINEER.
Samuel F. Train. Salary $225.
ASSISTANT ENGINEERS.
1. Gilbert S. May,
2. John Withers,
3. Jonas Fillebrown,
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 deter-
mined by the Mayor and Aldermen. They receive $80 each ; the Sec-
retary an additional sum of $15.]
FOREMEN OF ENGINES.
Warren Co. No. 1. Dudley, corner Warren Street.
Dearborn S. Blake.
America Co. No. 2. Centre Street.
George White.
Torrent Co. No. 6. Eustis Street.
Phineas D. Allen.
Tremont Co. No. 7. Ruggles Street.
John Brooks.
* Washington Hook and Ladder Co. Dudley, c. Warren St.
. Zibeon C. Field.
Cochituate Hose Co. Washington St., near Railr'd Cross'g.
■ Thomas A. Scott.
142
CITY OFFICERS.
THE FOLLOWING TABLE EXHIBITS THE PAY OF THE OFFICERS AND
MEMBEBS OF THE SEVERAL ENGINE COMPANIES.
Name of Engine.
Warren, No. 1, . . . .
America, No. 2, . . . .
Torrent, No. 6
Tremont, No. 7, . . . .
Hook and Ladder Company,
Cochituate Hose Company,
&*o
US
T3
s
0)
Sh
o
8
ft
CO
No. of
exclus
Officer
$80
$70
$100
38
80
70
100
38
SO
70
100
38
80
70
100
38
70
60
80
18
65
55
65
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 DEPARTMENT.
POLICE COURT.
[Act, p. 45.]
STANDING JUSTICE.
Peter S. Wheelock, Bower Street.
Salary $1000. [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
143
ASSISTANT MARSHALS.
William D. Cook,
Joseph Hubbard,
Hiram A. Campbell,
Hawley Folsom,
Samuel Mcintosh,
Matthew Clark,
Jeremiah M. Swett,
Zebedee C. Perry.
Salary $2 per diem ; fixed by the City Council. All fees paid into
the City Treasury. [Appointed by the Mayor and Aldermen.]
NIGHT WATCHMAN AND POLICE OFFICERS.
Henry L. Ford,
Joseph Parker,
Francis D. Brown,
Edward F. Mecuen,
Elbridge G. Cobb,
William E. Hicks,
Joseph Hastings,
Thomas Cullis-m.
Pay $1.62j|. [Appointed by the Mayor and Aldermen.]
CONSTABLES.
Abraham S. Parker,
William D. Cook,
Joseph Hubbard,
Hawley Folsom,
Hiram A. Campbell,
Luke Jewett,
Morrill P. Berry,
Samuel Mcintosh,
Bartlett W. Dexter,
Henry L. Ford,
Ezra Young,
Jeremiah M. Swett,
Matthew Clark,
Joseph Parker,
Francis D. Brown,
Edward F. Mecuen,
Elbridge G. Cobb,
William E. Hicks,
Zebedee C. Perry,
Sylvester E. Partridge,
John- J. Hastings,
Joseph Hastings,
Thomas Culligin.
[Appointed by the Mayor and Aldermen.]
CORONERS.
Thomas Adams,
Morrill P. Berry,
Ira Allen,
Vernon Street.
Vernon Street.
Cabot Street.
TRUANT OFFICERS.
William D. Cook,
Joseph Hubbard,
Hawley Folsom,
[Ordinance No. 38.
Hiram A. Campbell,
Samuel Mcintosh,
Matthew Clark.
Appointed by the Mayor and Aldermen.]
144 CITY OPFICEES.
CITY SOLICITOR
William Gaston, Linden Park.
Salary $800. [Chosen by concurrent vote, in February.
Ordinance No. 43.]
HEALTH DEPARTMENT.
BOARD OF HEALTH.
[Charter, Sect. 13. Ord. No. 36.]
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. Ordi-
nance No. 14. J
CITY PHYSICIAN.
Arial* I. Cummings, M. D., Dudley Street.
Salary $200. [Chosen by concurrent vote in May. Or-
dinance No. 48. Office, rear of City Hall.]
SUPERINTENDENT OF BURIAL GROUNDS.
The Undertaker.
UNDERTAKER.
John C. Seaver, Zeigler Street.
[Ordinance No. 12.]
CITY OFFICERS. 145
CEMETERY AT FOREST HILLS.
BOARD OF COMMISSIONERS.
[Elected by the City Council. See Act, p. 28.]
Term Expires.
Linus B. Comins, .... 1859
Jonathan French, .... 1860
Francis C. Head, . . . . 1861,
Alvah Kittredge, . . . . 1862'
William J. Reynolds, . . . . 1863
Alvah Kittredge, Chairman.
Francis C. Head, Secretary.
Joseph W. Dudley, City Treas., Treasurer.
Joseph W. Tucker, Register.
Oliver Moulton, Superintendent.
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. [Ordinance
No. 3.]
Field Drivers and Hogreeves — Bradbur}?- Pevear, Wil-
liam Lingham, William D. Cook, Hiram A. Campbell,
Henry L. Ford, Jeremiah M. Swett, Elbridge Cobb, Ed-
ward F. Mecuen, Matthew Clark.
Fence Viewers — John Dove, William Seaver, David
Simpson.
Pound Keeper — Ezra Young.
Tythingmen — Elbridge A. Hovey, Phineas B. Smith,
Nathaniel Adams.
Sealers of Leather — Reuben M. Stackpole, Joseph W.
Winslow.
Surveyors of Lumber — Gera Farnum, Tillson Wil-
liams, George Curtis.
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.
19
146
PUBLIC SCHOOLS
PUBLIC SCHOOLS.
SCHOOL COMMITTEE.
[Charter, Sect. 11. Ordinance No. 22.]
William H. Ryder,* Chairman.
Joshua Seaver, Secretary.
Elected at Large.
George Putnam, William H. Ryder, Julius S. Shailer.
Elected by Wards.
Ward 1. — Horatio Gr. Morse, Franklin Williams.
" 2. — Joshua Seaver, Ira Allen..
" 3. — A. I. Cummings, T. R. Nute.
" 4. — Joseph N. Brewer, John W. Olmstead.
" 5. — Robert P. Anderson, Edwin Ray.
SUB-COMMITTEES.
Books. — Messrs. Ryder, Shailer, Morse, Nute," Brewer.
Finance. — Messrs. Seaver, Putnam, Olmstead.
Regulations. — Messrs. Brewer, Olmstead, Williams.
Filling Vacancies in Primary and Intermediate Schools.
— Messrs. Ryder, Morse, Shailer, Cummings, Ray.
OF DIFFERENT SCHOOLS.
Schools.
Location.
Local Committee.
English High,for Boys
Mt. Vernon Place, . .
Latin,
Mt. Vernon Place, . .
Under charge of Trustees.
High School for Girls
Kenilworth Street, . .
Shailer, Olmstead, Brewer.
Dudley, ....
Kenilworth & Bartlett Sts
Bre-vver,Cummings, Seaver.
"Washington, . . .
Washington Street, .
Ray, Seaver, Allen.
Dearborn, ....
Abney Place, ....
Morse, Williams, Anderson.
Gore Avenue
Nute, Olmstead, Putnam.
Francis Street, . .
Francis Street, . . .
Allen, Cummings, Anderson
Intermediate, . .
Vernon Street, . . .
Seaver.
* Resigned on account of absence. Horatio G. Morse chosen Chairman
ad interim.
PUBLIC SCHOOLS. 147
LATIN SCHOOL. — Boys.
Augustus H. Buck, Principal.
William C. Collar, Assistant.
ENGLISH HIGH SCHOOL. — Boys.
S. M. Weston, Principal.
George H. Gorely, Assistant.
These Schools are under the direction of a Board of Trustees, con-
sisting of the following gentlemen :
George Putnam, President.
James Guild, Treasurer.
Charles K. Dillaway, Secretary.
Enoch Bartlett,
Thomas D. Anderson,
D. A. Simmons,
Samuel H. "VYalley,
Benjamin Kent,
B. E. Cotting,
A. C. Thompson,
Theodore Otis,
S. P. Blake,
John S. Sleeper.
[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.]
HIGH SCHOOL. — Girls.
Robert Bickford, Principal.
Martha S. Price, Assistant.
DUDLEY SCHOOL. — Girls.
Adeline Seaver, Principal.
Ellen M. Haskell, Assistant.
2d Division, Sarah J. Leavitt ; 3d, Ellen A. Marean ; 4th,
Clara B. Tucker; 5th, Caroline J. Nash; 6th, Clementina
B. Thompson; 7th, Helen J. Otis.
WASHINGTON SCHOOL. — Boys.
John Kneeland, Principal.
Harriet E. Burr ell, Assistant.
John F. Patten, Sub-Master.
3d Division, Anna M. Williams ; 4th, Alice C. Pierce ;
5th, Sarah M. Yose; 6th, Caroline C. Drown; 7th, Re-
becca A. Jordan; 8th, Esther M. Nickerson.
148 PUBLIC SCHOOLS
DEARBORN SCHOOL. — Boys.
William H. Long, Principal.
Ruth P. Stockbridge, Assistant.
2d Division, Louisa E. Harris ; 3d, Plooma A. Savage ;
4th, Louisa J. Fisher; 5th, J. Ellen Horton; 6th, Henrietta
M. Young.
ELIOT SCHOOL. — Girls.
Sarah A. M. Cushing, Principal.
Mary C. Eaton, Elizabeth W. Young, Alraira W. Cham-
berliue, Elizabeth A. Morse, Assistants.
FRANCIS STREET SCHOOL. —Both Sexes.
Sophronia F. Wright, Principal.
INTERMEDIATE SCHOOL. — Boys.
Delia Mansfield, Principal.
Nancy L. Tucker, Assistant.
CURATOR OF SCHOOL BUILDINGS.
Jonas Pierce, Jr., Bartlett Street.
PUBLIC
chools.
149
PRIMARY SCHOOLS — 1858.
Teachers.
Location.
Committee.
1.
Morse.
2
Morse.
3.
Morse.
4.
Morse.
5.
Emma C. Wales
Williams.
6.
Williams.
7,
Williams.
S
Mary F. Neal
Williams.
0
Harriet H. Fay
Shailer.
10.
Shailer.
11.
Juliette M. Dickerman.. .
Allen.
12.
Allen.
13.
Allen.
14.
Allen.
1*1
Avon Place ".....
Cumminsrs.
lfi
Avon Place
Cummin2:s.
17.
18.
Sarah TV. Holbrook
Mill Dam
Allen.
Seaver.
19.
Seaver.
20,
Smith Street
Nute.
21.
Nute.
22.
Anderson.
2T
Mary A. Morse
Centre Street
Brewer.
2d
Brewer.
25.
Caroline N. Heath
Near Jamaica Plain. . .
Putnam.
?|fi
Mary G. Hewes
Olmstead.
27.
Olmstead.
28.
Margaret G. Chenery. . . .
Ray.
on
Elm Street
Anderson.
so
Elm Street
Anderson.
31.
Washington Street. . . .
Cummings.
32
Anderson.
Teachers are elected, except those in the High School, and their sal-
ary fixed by the School Committee.
150
WARD OFFICERS
WARD OFFICERS,
Warden,
Joseph Hastings.
Clerk,
N. A. Culbertson.
WARD 1.
Inspectors,
Charles Erskine,
George H. Miller,
M. G. Field.
WARD 2.
Warden,
Joshua Seaver,
Clerk,
Anthony B. Shaw.
Inspectors,
Squire G. Brooks,
Henry Basford,
Henry B. Phelps.
Warden,
Alpheus Trowbridge.
Clerk,
Michael J. Killian.
WARD 3.
Inspectors,
Thomas J. Mayall.
(2 vacancies.)
WARD 4.
Warden,
Alden Graham.
Clerk,
Edward B. Reynolds.
Inspectors,
C. F. Harrington,
Albert Childs,
G. A. Kittredge.
Warden,
Theodore H. Bell.
Clerk,
Francis Colburn.
WARD 5.
Inspectors,
Henry Parkhurst,
William H. Mcintosh,
Francis L. Macomber.
INSTRUCTIONS FOR WARD OFFICERS.
(From the Cambridge Municipal Register.)
OF COUNTING VOTES,
1. Results of elections, how
determined.
2. Same subject.
3. Effect of Plurality Law.
To determine whole num-
ber of ballots.
4. When an office is to be
filled by but one person,
&c.
5. When an office is to be
filled by more than one
person, &c.
6. Whole number of ballots.
7. Same subject.
OF KEEPING WAED RECORDS.
1. Clerk to keep the records.
2. Warrant and return to be
copied and certified. Re-
cord of meeting. Polls
opened. Polls closed.
Election in all the Wards.
Election in single Ward.
Vote declared. Meeting
dissolved. Clerk's at-
testation.
OF COUNTING YOTES.
1. In order to determine the result of any elec-
tion of any civil officer or officers in this Common-
wealth, the whole number of persons who voted
at such election shall first be ascertained, by count-
ing 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 de-
clared to be elected ; and in all returns of electrons,
the whole number of ballots given shall be dis-
tinctly stated, but blank pieces of paper shall not
be counted as ballots.
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 elected cannot be completed,
Eesults of
elections,
how deter-
mined.
Stat. 1856,
ch. 157, § 1.
Same sub-
ject. Ibid.
§2.
152 INSTRUCTIONS FOR WARD OFFICERS.
Effect of
Plurality
Law.
To deter-
mine whole
number of
ballots.
"When an
office is to
be filled by
but one
person, &c.
"When an
office is to
be filled by
more than
one person,
&c.
Whole num ■
bcr of bal-
lots.
the candidates having such equal number of votes
shall be deemed not to be elected.
3. By the establishing of the plurality law, in
all cases, in this Commonwealth, the difficulties
which formerly existed in determining the result
of an election have been almost entirely removed.
Errors in regard to the whole number of ballots
may, however, be made by Ward Officers, and
they should be particularly careful in ascertain-
ing it exactly, and recording it correctly, since
otherwise the whole number of ballots as returned
by them will not agree with the sum of the ballots
given for each candidate. They should bear in
mind that, although several ballots for different
officers may be enclosed in one envelope, or print-
ed upon one ticket, the ballots for each office
should be counted separately, as much so as if
they were enclosed in separate envelopes, or
printed on separate tickets, and deposited in sepa-
rate boxes.
4. When an office is to be filled by but one
person, as Governor, Lieutenant Governor, Re-
gister of Deeds, County Treasurer, Mayor, War-
den, Ward Clerk, &c, the whole number of bal-
lots may be ascertained correctly, after counting
the votes for each candidate, by adding together
all the votes cast for each candidate for the same
office.
5. When an office is to be filled by more than
one person, as Senators, Representatives, County
Commissioners, and Special Commissioners, Al-
dermen, Common Councilmen, School Committee,
and Ward Inspectors, the whole number of ballots
for each of those officers should be counted sepa-
rately, as soon as the box is turned, and before
the votes become mixed. Every ballot having
upon it one name or more for Senators should be
counted as one ballot for Senators, and every bal-
lot having upon it one name or more for Alder-
men should be counted as one ballot for Aldermen,
and so on, through the whole list of offices to be
filled.
6. The object of the law in ascertaining the
whole number of ballots is to ascertain the whole
INSTRUCTIONS FOR WARD OFFICERS. 153
number of voters who vote for a candidate or can-
didates for each office, and therefore, if a person
votes for only one Representative when he might
vote for five on the same ballot, 'his vote is to be
co anted as a ballot in making up the whole num-
ber cast for that office. It represents a voter, and
is a ballot.
7. But if a person votes for Representatives only, same sub-
that vote should not be counted in making up the jec
whole number for Senators, or if a person votes
for Mayor and Aldermen, that vote, which is com-
posed of two ballots, should be counted as one
ballot for Mayor, and one ballot for Aldermen,
but not as a ballot for Common Councilmen, nor
Inspectors of Elections, &c, as frequently hap-
pens where the tickets are taken as the ballots.
OF KEEPING WARD RECORDS.
1. It is the Clerk's duty to keep the records, j^;*^
and they should be signed by him alone, and not records.
by the Warden and Inspectors.
2. The warrant calling the meeting, and the warrant
g Lti^ J.1X^UH>&,
and return
officer's return thereon, should be first copied on to be copied
the book, and certified as true copies. The re- fied.cerU
cord should then proceed in this form, varied to
meet the circumstances of the case : —
" Pursuant to the foregoing warrant, the inhab- Eecordof
itants of Ward No. — , qualified to vote as the m
law directs, assembled at the time and place and
for the purposes therein expressed.
" At — o'clock, A. M., the warrant calling the Foils
meeting was read by the Warden, who then call- opene '
ed upon the inhabitants of said Ward, qualified
by law to vote, to give in their ballots for the pur-
poses expressed in said warrant.
" At — o'clock, P. M., the polls were closed, PoUs closed.
and the whole number of ballots given in having
been sorted and counted by the Warden and In-
spectors of Elections in the manner provided by
law, the result was as follows : —
" The whole number of ballots for Governor Election in
was ; w^ds.
A. B. had ;
20
154 INSTRUCTIONS FOR WARD OFFICERS
C. D. had
Election in
single Ward.
Vote
declared.
Meeting
dissolved.
Clerk's
attestation.
" The whole number of ballots for Senators
was
E. F. had -
G. H. had -
(A?id so on through the ivhole list. When the
election is determined by each Ward alone, as Com-
mon Coimcilmen, Warden, Inspectors, and Ward
Cleric, the record should be made up thus : — )
" The whole number of ballots for Common
Councilmen was ;
A. B. had ,
C. D. had ,
E. F. had ,
G. H. had ,
And they are elected.
M. N. had ,
O. P. had ."
{And so on through the list.)
" The state of the ballots, as sorted, counted and
recorded as above in open Ward meeting, was
declared to the meeting by the Warden.
" The meeting then dissolved.
" A true record.
X. Y. Z., Ward Clerk."
WARDS. 155
WARDS.
As divided and established by the Board of Selectmen of
the Town of Roxbury, March 26, 1846, [See City Char-
ter, Sect. 3,] and revised by the City Council in 1851.
WARD 1. Beginning on Washington Street, at the
division line between Boston and Roxbury ; thence on the
easterly side of Washington Street to the Norfolk and
Bristol Turnpike ; thence on the easterly side of said turn-
pike to Dudley Street ; thence on the northerly side of
said street to Eustis Street ; thence on the easterly side
of Eustis Street to the Division line between Roxbury and
Dorchester.
WARD 2. Beginning at the Boston and Roxbury' line ;
thence on the westerly side of Washington to Vernon
Street ; thence on the northerly side of Vernon to Ruggles
Street ; thence on the easterly and northerly side of Rug-
gles to Parker Street ; thence crossing Parker Street over
the marshes on the northerly side of said street to the
creek, which is the dividing line between Brookline and
Roxbury.
WARD 3. Beginning at the division line between Rox-
bury and Brookline on Washington Street ; thence on the
northerly side of Washington Street to the junction of Cen-
tre and Washington Streets ; thence crossing Washington
to Dudley Street ; thence on the northerly side of Dudley
Street to the Norfolk and Bristol Turnpike ; thence on the
westerly side of said turnpike to Washington Street ; thence
on the westerly side of said street to Vernon Street ; thence
on the southerly side of Vernon Street to Ruggles Street ;
thence crossing Ruggles Street on the westerly and south-
erly 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.
158 WARDS.
WARD 4. Beginning at the division line between Rox-
bury and Brookline on Washington Street ; thence on the
southerly side of Washington to the junction of Centre and
Washington Streets ; thence crossing to Dudley Street on
the southerly side of Dudley Street to the Norfolk and
Bristol Turnpike ; thence on the westerly side of said
turnpike to a stone monument ; thence in a straight line to
a stone monument near Leonard Hyde's on Centre Street,
being the division line between West Roxbury and Roxbu-
ry ; thence in a direct line to the division line between
Brookline, Roxbury and West Roxbury.
WARD 5. Beginning at the Roxbury and Dorchester
line on Eustis Street ; thence on the westerly side of said
street to Dudley Street ; thence on the southerly side of
said street to "Norfolk and Bristol Turnpike ; thence on the
easterly side of said turnpike to Seaver Street ; thence on
the northerly side of Seaver Street to Brush Hill Turnpike ;
thence in a direct line to Dorchester line.
WARD ROOMS.
Ward 1. Primary School House, Eustis Street.
" 2. Vestry Tremont Baptist Church, Ruggles Street.
" 3. Gun-House, Putnam Street.
" 4. Octagon Hall, Dudley Street.
" 5. School House, Winthrop Street.
MODES OF APPOINTMENT OF CITY OFFICERS.
157
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, Tythingmen,
Sealers of Leather, Surveyors of Lum-
ber, 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
Aldermen, 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.
158 TAXES
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
TAXES. 159
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 $150 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.
160 TAXES
1852.
Valuation of Real Estate, . . . $8,786,400.00
Valuation of Personal Estate, . . 3,148,800,00
$11,935,200.00
At $6,40 per $1,000, is $76,385.28
No. of Polls 3,440, at $1.50 each, is . 5,160.00
Total Tax for 1852, . . . $81,545.28
1853.
Valuation of Real Estate, . . . $9,070,800.00
Valuation of Personal Estate, . . 3,361,800.00
$12,432,600.00
At $7.80 per $1,000, is $96,974.28
No. of Polls 3,623, at $1.50 each, is . 5,434.50
Total Tax for 1853, . . . $102,408.78
1854.
Valuation of Real Estate, . . . $9,472,400.00
Valuation of Personal Estate, . . 3,896,800.00
$13,369,200.00
At $7.80 per $1,000, is $104,279.76
No. of Polls, 3,833, at $1.50 each, is . 5,749.50
Total Tax for 1854, . . . $110,029.26
TAXES. 161
1855.
Valuation of Real Estate, . . . $10,714,800.00
Valuation of Personal Estate, . . 4,862,400.00
$15,577,200.00
At $7.80 per $1,000, is $121,502.16
No. of Polls 3,804, at $1.50 each, is . 5,706,00
Total Tax for 1855, . . . $127,208.16
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
1857.
Valuation of Real Estate, .. . . $11,923,600.00
Valuation of Personal Estate," . . 5,403,400.00
$17,327,000.00
At. $10.00 per $1,000, is $173,270.00
No. of Polls 4,152, at $1.50 each, is . 6,228.00
Total Tax for 1857, . . . $179,498.00
21
162
CITY DEBT, ETC.
CITY DEBT FOR THE SEVERAL YEARS SINCE THE INCOR-
PORATION OF THE CITY.
1846
1847
1848
1849
1850
1851
1852
1853
1854
1855
1856
1857
1858
February 1st,
$22,776.75
27,609.98
29,443.31
39,973.65
56,976.65
48,476.65
140,387.05
186,810.40
181,110.40
209,263.95
254,865.95
246,040.95
257,340.95
VALUATION OF ESTATES, AND NUMBER OF
ROXBURY, FROM 1836 TO 1858.
1836
1837
1838
1839
1840
1841
1842
1843
1844
1845
1846
1847
1848
1849
1850
1851*
1852
1853
1854
1855
1856
1857
$5,582,400
5,875,000
5,979,900
6,43S,600
6,721,000
6,941,600
7,341,600
7,710,000
8,578,600
9,569,800
12,543,900
12,628,300
13,174,600
13,476,600
13,712,800
13,933,200
11,935,200
12,432,600
13,369,200
15,577,200
16,660,400
17,327,000
POLLS IN
1,833
2,114
2,047
2,129
2,300
2,474
2,570
2,554
2,977
3,433
3,668
3,806
3,999
3,982
4,125
4,223
3,440
3,623
3,833
3,804
4,118
4,152
* West Roxbury set off, 1851.
AMOUNT PAID FOR SCHOOLS, ETC. 163
AMOUNT PAID FOR SCHOOLS, INCLUDING THE BUILDING
AND REPAIR OF SCHOOL HOUSES.
Total.
$27,991.97
28,508.60
45,338.13
29,578.39
29,738.41
36,989.63
32,658.85
30,290.63
57,0S7.61
38,S55.75
41,575.74
50,074.99
POPULATION OF ROXBURY AT DIFFERENT PERIODS.
1765 1,487
1790 2,226
1800 2,765
1810 3,669
1820 4,135
1830 5,247
1840 9,0S9
1850* 18,316
1855 - - • - - - - 18,477
* Including West Roxbury.
Year.
Teachers' Pay, Fuel,
and Contingencies.
New School Houses,
1S46
1S47
$17,104.01
20,555.23
$8,887.96
7,953.37
1848
1849
24,422.69
25,480.80
20,916.54
4,19S.59
1850
1851
26,177.86
21,976.32
3,660.55
15,013.31
1S52
24,709.61
7,949.24
1853
1854
26,391.51
30,284.69
3,899.12
26,802.92
1855
1856
1857
32,616.68
36,266.58
39,223.53
6,239.07
5,309.16
10,851.46
1G4 SUPPORT OP POOR, ETC.
SUPPORT OF POOR-
-NET COST.
Average No. Whole No.
Inmates. admitted.
Net Cost.
120 410
$5,586.15
187 762
9,751.95
242 710
6,052.40
216 627
9,207.40
240 628
8,229.0S
227 630
8,478.96
1S5 507
6,737.49
155 356
7,227.14
52 292
7,776.21
25 90
4,543.92
25 112
5,491.64
25 228
6,064.50
Year.
1846
1847
184S
1849
1850
1851
1852
1853
1854
1855
1856
1857
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-
wealth have in some instances been disallowed by the State Auditor, and
a part of them subsequently allowed by the Legislature.
AMOUNT PAID FOR REPAIRS OF HIGHWAYS.
1846 $7,750.83
1847 9,S53.38
1848 10,029.93
1849 12,015.06
1850 12,129.46
1851 9,698.58
1852 19,364.30
1853 15,537.45
1854 18,608.96
1855 29,080.96
1856 20,370.12
1857 27,178.06
PAID FOR SUPPORT OP FIRE DEPARTMENT, ETC. 1G5
AMOUNT PAID FOR SUPPORT OF FIRE DEPARTMENT, PAY
OF MEMBERS, BUILDING ENGINES, HOUSES, AND REPAIR
THEREOF.
Year.
Reservoirs.
Fire Department.
Total.
1846
$1,299.00
$5,941.12
$7,240.12
1847
2,090.00
6,635.79
8,725.29
1848
1,993.81
5,493.06
7,468.87
1849
1,271.47
5,869.14
7,140.61
1850
912.44
5,407.76
6,320.20
1851
6,618.99
6,618.99
1852
670.77
7,634.54
8,305.31
1853
1,747.33
8,232.33
9,979.66
1854
8,681.84
8,681.84
1855
1,593.49
10,655.08
12,248.57
1856
258.56
12,203.13
12,461.69
1857
3,014.20
12,597.64
15,611.84
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
1857
•
• 13,052.45
1G6
PAID FOE LAMPS.
AMOUNT PAID FOR LAMPS.
1846
$849.06
1847
935.94
1848
899.01
1849
- 1,094.75
1850
- 1,221.18
1851
- 1,362.63
1852
- 2,431.47
1853
. 3,243.14
1854
- 2,592.75
1855
- 11,469.66
1856
- 8,551.78
1857
- 12,105.71
NAMES OF MEMBERS OF THE CITY GOVERNMENT,
SINCE THE ADOPTION OF THE CITY CHARTER.
MAYORS.
John Jones Clarke, 1846.
Henry Alexander Scammel Dearborn, 1847, 48, 49, 50, 51.*
Samuel Walker, 1852, 53.
Linus Bacon Comins, 1854,
James Ritchie, 1855.
John Sherburne Sleeper, 1856, 57, 58.
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.
John Sherburne Sleeper, 1853.
Charles Hickling, 1853, 54.
Joseph Nathaniel Brewer, 1854.
*Ried July 29th, 1851, at Portland, Me. Samuel Walker was elected by the two
branches of the City Council, August 11th, to fill the vacancy.
168 MEMBERS OF THE' CITY GOVERNMENT.
George Jefferds Lord, 1854.
Robert Wilkins Ames, 1854.
Calvin Barstow Faunce, 1854, 55.
Benjamin Perkins, 1854.
Charles Bunker, 1855.
Samuel Sinclair Chase, 1855.
Joseph Houghton, 1855.
Asa Wyman, 1855.
Moses Howe Webber, 1855.
Francis Gardner, 1855.
William Davis Adams, 1855.
Benjamin Thompson, 1856, 57.
Charles Edward Grant, 1856, 57. ■
Joseph Gendell 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, 58.
William Sherman Leland, 1858.
John Codman Clapp, 1858.
Samuel Pearson, 1858.
Benjamin Simons Noyes, 1858.
Uriah Tompkins Brownell, 1858.
Samuel Atwood Shurtleff, 1858.
Ivory Harmon, 1858.
PRESIDENTS OF THE COMMON COUNCIL.
Francis George Shaw, 1846.
Linus Bacon Comins, 1847, 48.
William Augustus Crafts, 1849, 50, 51.
William Gaston, 1852, 53.
James Monroe Keith, 1854.
William Ellison, 1855.
John Wilder May, 1856.
Henry Pinkham Shed, 1857, 58.
COMMON COUNCIL.
Ward 1.
Daniel Jackson, 1S46, 47, 48.
Sylvester Bowman, 1846, 47, 49, 50.
William Dudley Seaver, 1846.
Simeon Litchfield, 1847, 48, 52.
Ebenezer Chamberlain, 1848.
Allen Putnam, 1849, 50.
James Munroe, 1849, 50.*
* Resigned, and John Parker was elected to fill the vacancy.
MEMBERS OP THE CITY GOVERNMENT. 169
John Parker, 1S50, 51, 52.
Daniel Putnam Upton, 1851, 52, 53.
- Reuben. Winslow, 1851.
John Reed Howard, 1851.*
George Jefferds Lord, 1852, 53, 57.
Franklin Williams, 1853, 54, 55, 56, 57.
Joseph Houghton Chadwick, 1853, 54.
Joseph Gendell Torrey, 1854.
Thomas Farmer, 1854.
William Morse, 1855, 56, 57, 58.
George Harris Pike, 1855, 56.
Asa Wyman, Jr., 1855.
Samuel Pearson, Jr., 1856.
Albert Brewer, 1857, 58.
Ebenezer Ryerson, 1858.
Joel Gay, 1858. t
Chester Morse Gay, 1858.
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, 1S55.
Alvin Mason Robbins, 1855, 57.
William Hyde Palmer, 1855.
Benjamin Simons Noyes, 1855.
Timothy Ricker Nute, 1856.
William Parker Fowle, 1856, 57, 58.
Thomas Langdon Dodge Perkins, 1856, 57.
Gideon Babbitt Richmond, 1858.
Thacher Franklin Sweat, 1858.
Albert Batchelder, 1858.'
Ward 3.
William James Reynolds, 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, 5 3.
Calvin Barstow Faunce, 1852, 53.
William Lewis Hall, 1853.
3
* Resigned, and John Parker ivas elected to fill the vacancy.
t Resigned May 17th, 1858, and William Morse was elected to fill the vacancy.
22
170 MEMBERS OF THE CITY GOVERNMENT.
Charles Baylcy 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.
John Emory Gowen, 185G.
William Francis Dunning, 1856.
Samuel Little, 1856, 57.
Alfred Gowen Hall, 1857, 58.
John Bowdlear, 1857.
Patrick Henry Rogers, 1858.
Thomas Jefferson Mayall, 1858.
John Metcalf Way, 1858.
Ward 4.
Alvah Kittredge, 1846, 47, 48, 49, 50, 51.
Joseph Nathaniel Brewer, 1846, 47, 48, 49, 50, 51, 52, 53.
James Guild, 1846.
Nathaniel Mayhew 1847, 48, 49, 50.
George Davenport, 1851, 52.
George Lewis, 1852, 53.
Frederick Guild, 1852.
Charles Frederick Bray, 1853.
Henry Davenport, 1853, 54.
Joseph Bond Wheelock, 1854.
George William Tuxbury, 1854.
John Roulston Hall, 1854, 57, 58.
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, 58.
James Augustus Tower, 1857, 58.
Hartley Erskine Woodbridge, 1858.
Ward 5.
Linus Bacon Comins, 1846, 47, 48.
Stephen Hammond, 1846, 48, 49.
Samuel Weld, 1846, 47.
Thomas Lord, 1847.
Samuel Walker, 1848, 49, 51.
Aaron Davis Williams, Jr., 1849, 50, 51.
Hiram Hall, 1850.
Robert Whipple Parker, 1850.
Horace Williams, 1851.
Charles Hickling, 1852.
William Sherman Leland, 1852, 53.
William Davis Adams, 1852, 53, 54.
Isaac Sanderson Burrell, 1S52, 53.
William Bird May, 1853, 51.
MEMBERS OF THE CITY GOVERNMENT. 171
Walden Porter, 1854.
Tames Monroe Keith, 1S54.
Henry Pinkham Shed, 1855, 57, 58.
Joseph Willett Robbins, 1855,
John Wesley Wolcott, 1855!
James William Cushing, 1855, 56.
Robert Corield Nichols, 1856, 57, 58.
John Thomas Ellis, 1856.
William King Lewis, 1856, 57.
William Barton, 1857, 58.
Ebcnezer Waters Bumstead, 1858.
Ward 6.*
George James, 1846, 47.
Joseph Richards Weld, 1846.
Calvin Young, 1846.
Franklin Fearing, 1847, 48.
George Henry Williams, 1847.
Atkins Augustus Clark, 1848, 49.
Enoch Nute, 1848.
John Flavel Jenkins Mayo, 1849, 50,
Jonas Barnard, 1849, 50.
Hosea Ballou Stiles, 1850, 51.
William Henry Gray, 1851.
John Richardson, 1851.
Ward 7.
John Dove, 1846, 47.
Anson Dexter, 1846, 47.
Theodore Dunn, 1846, 48, 50.
James Eri Forbush, 1847.
Stephen Merrill Allen, 1848, 49, 50.
Ebenezer Whitten Stone, 1848, 49.
Ephraim Washington Bouvc, 1849.
Jacob Phillips George, 1850, 51.
John Carroll Pratt, 1851.
William Davis Ticknor, 1851.
• Ward 8.
Francis George Shaw, 1846.
George Washington Mann, 1846.
Ebenezer Dudley, 1846, 47.
Chauncy Jordan, 1847, 48, 49, 50.
George Brown, 1847, 48, 49, 50.
Benjamin Guild, 1848.
Charles Gideon Mackintosh, 1849, 50, 51.
Cornelius Cowing, 1851.
James W. Wason, 1851.
Aaron Cass, 1851.
* Wards 6, 7 and 8, with parts of Wards i and 5, were set off and incorporated, by Act
of the Legislature, May 34, 1851, into the town of West Itoxbury.
NOTE.
The frontispiece of the Municipal Register for the year
1858 presents a view of the birth-place of Warren. It
was engraved from a drawing by Mrs. S. C. Bugbce of
Boston, while the house was in existence, and just before
it was taken down in 1846. It will be remembered that it
stood upon the premises now on the corner of Warren and
Winthrop Streets, from which site rises a dwelling house
of stone, durable in the material of which it is constructed,
and pleasing in its simple but beautiful proportions. A
vine rich with clustering foliage screens from notice two
tablets, on the front walls of the mansion, which bear these
inscriptions :
On this spot stood a house, erected in 1720 by Joseph Warren
op Boston, remarkable tor being the birth-place op General
Joseph Warren, his grandson, who was killed on Bunker Hill,
June 17, 1775.
John Warren, a distinguished physician and anatomist, was also
born here. The original mansion being in ruins, this house was
built by John C. Warren, M. D., in 1846, son of the last named,
as a permanent memorial op the spot.
Sacred associations gather about the hallowed ground
where a patriot was born, whose heroic life and noble
gifts were freely surrendered to the cause of his country
in a struggle memorable throughout all time.
The last words of Warren, at the commencement of the
battle, were the inspired utterances of a loyal American
citizen. Having passed the 16th of June at Watcrtown,
attending the deliberations of the Provincial Congress, he
174 NOTE.
repaired to Cambridge early on the following morning, and
was present at a meeting of the Committee of Safety.
About noon, the people were alarmed by a summons
to arms, the news spreading in all directions : " The
regulars are landing at Charlestown." Gen. Warren
mounted his horse, eager for a post of danger and of duty.
Arriving at the base of Bunker Hill, he dismounted near
the rail-fence breastwork. Gen. Putnam met him and
offered to receive his orders ; which Warren declined
giving, but immediately asked of the veteran Putnam where
he could be most useful. Gen; Putnam pointed to the
redoubt, some six hundred yards distant on Breed's Hill,
saying, " There you will be covered." " Don't think," said
Warren, "I come to seek a place of safety; but tell me
where the onset will be most furious." Putnam's finger
still pointed in the direction of the redoubt. " That is the
enemy's object; and if that can be defended the day is
ours." * Warren moved with quick steps to the redoubt,
musket in hand, and was received with loud cheers. Here,
also he refused to assume the command proffered by Col.
Prescott, nobly replying, "I have not yet received my
commission; I come as a volunteer with my musket to
serve under you, and shall be happy to learn from a
soldier of your experience." In the hard fought engage-
ment which succeeded, Warren fell a noble sacrifice for
Liberty.
For the Committee,
Henry P. Shed.
Monday, July 5, 1858.
* Frothingham's Siege of Boston.
INDEX.
The references to the Ordinances are to the number of the Ordinance
the other figures refer to the page.]
ACCOUNTS, Ordinance 6 relates to.
joint standing committee on, 137.
committee of aldermen on accounts, 139.
ALDERMEN, board of, to consist of eight persons, 5, 24.
majority to constitute a quorum, 6.
•with common council to compose city council, 5.
election of, 7, 21, 24.
term of office, 7, 21, 24.
may issue warrants for elections to fill vacancies in their body, 8.
shall take oath of office, 9.
organization in absence of the mayor, 9.
may judge of elections of their own members, 10.
may confirm or reject nominations of the mayor, 12.
rules of, 119.
index to rules, 185.
names of aldermen, 135, 167.
ALMSHOUSE, joint committee on, 138.
superintendent and physician of, 140.
AMENDMENTS TO CITY CHARTER, 21, 24.
acceptance of, 23, 2G.
ASSESSORS, how elected, 11.
compensation, 11, 140.
duties of, 13.
names of, 140.
ASSISTANT ASSESSORS, how elected, 13.
duties of, 13.
vacancies, how filled, 21.
names and compensation, 140.
BALUSTRADES ON BUILDINGS, rules concerning the erection of, 34.
BARK, measurement of, 14.
measurers of, 145.
BOOKS PROM COMMONWEALTH, to be preserved, 57.
BOWLING ALLEYS, regulations relative to, 40.
BURIAL GROUNDS (see Cemetery), regulations concerning the use of,
Ords. 12, 26, 32.
not to be enlarged or established without permission of city council,
Ord. 26.
joint committee on, 138.
1 76 INDEX.
CEMETERY, rural (Forest Hills), legislative acts concerning, 28, 30.
election, powers and duties of commissioners, 2S, 29, 30.
funds of, to be kept separate from other city funds, 29.
commissioners to make annual report, 29.
commissioners may receive and hold property for the improvement
of, 30.
name to be Forest Hills, Ord. 21.
form of deeds for conveyance of lots, Ord. 29.
names of commissioners, 145.
CHIEF ENGINEER, see Fire Department.
CITY CHARTER, act granting, 5.
repeal of all acts inconsistent with, 19.
legislature may alter or amend, 19.
adoption of, by citizens of Roxbury, 20.
amendments to, 21, 21.
CITY COUNCIL, to consist of mayor, aldermen and common council, 5.
shall elect city treasurer, chief engineer, collector, clerk and asses-
sors, 11.
shall require bonds from persons entrusted with the public moneys, 11.
shall have superintendence of city buildings, 11.
may purchase property in name of city, 11.
shall publish yearly account of city finances, 12.
no member to be eligible to civic office of emolument, 12.
may lay out streets and estimate damages, 13.
shall have powers of board of health, 14 ; but see Ord. 36 and page 35.
may cause the construction of drains and common sewers, 14.
may make by-laws respecting lumber, wood, coal and bark, 14.
shall determine annually the number of representatives, 15.
shall have power to make by-laws and annex penalties, 18, 27, 50, 55.
shall elect commissioners of rural cemetery, 28.
may elect clerk of police court, 47.
shall elect city solicitor, Orel. 43. •
shall elect city physician, Ord. 48.
list of joint standing committees, 137.
rules of, 129.
index to rules, 185.
names of members of city council, 135.
CITY DEBT, reduction of, Ord. 50.
amount of, for different periods, 162.
how created after annual appropriations, 133.
affirmative vote of two-thirds of city council necessary, 133.
CITY OF ROXBURY, first organization of government, 17.
division into wards, 6, 24.
government of, 135.
CITY SEAL, Ord. 18.
CLERK OF BOARD OF ALDERMEN, 12.
CLERK OF CITY, shall administer oath of office to mayor, 9.
election of, 11.
compensation fixed by city council, 11.
shall also be clerk of board of aldermen, 12.
term of office and liability to removal, 12.
general duties of, 12.
name and salary of, 136.
CLERK OF COMMON COUNCIL, election of, 9.
name and salarv of, 136.
CLERKS OF ENGINE COMPANIES, see Fire Department.
CLERK OF ENGINEERS, sec FirO Department.
CLERK OF POLICE COURT, may be elected by city council, 47.
shall give bond, 47.
duties of, i7.
INDEX. 177
CLERK OF WARD, election of, G.
term of office, G, 22.
duty at first election under the charter, 17.
general duties of, 6.
names of, 150.
COAL, sale and measurement of, 14.
COLLECTOR OF TAXES, election of, 11.
duty of, Ord. 8.
name and salary of, 139.
COMMISSIONER OF STREETS, how appointed, Ord. 40.
duties of, Ord. 40.
name and salary of, 141.
COMMOX COUNCIL, with aldermen, to compose city council, 5.
number of councilmen, 5, 24.
majority constitute a quorum, 6.
term of office, 7, 21, 24.
election of, 7, 21, 24.
how to be sworn, 9.
organization of, 9.
vacancies to be filled by new elections, 10.
may judge of elections of its own members, 10.
sittings to be public, 11.
rules of, 121.
index to rules, 185.
names of members, 135, 168.
COXSTABLES, appointed by mayor and aldermen, 11.
bond, 11.
names of, 143.
COROXERS, 143.
COMMITTEES, STAXDIXG, of city council, 137, 138.
of aldermen, 139.
of common council, 139.
COUXTY COMMISSIOXERS, to set bounds at road angles, 33.
appeals may be made to, for damages, from decision of mayor and
aldermen, 13.
may regulate railroad crossings, 37.
COURT, see Police Court.
CRIER office of, Ord. 37.
DEBT OF CITY, see City Debt.
DEEDS, to be executed by mayor, Ord. 20.
of cemetery lots, Ord. 29.
DOGS, not to go at large unless licensed, Ord. 16.
troublesome and mischievous to be removed or destroyed, Ord. 16.
DRAIXS, may be built by order of city council, 14.
ELECTIOXS, of ward officers, 6.
of civil officers, 54.
of mayor, aldermen and common councilmen, 6, 21, 24.
in case of no election of mayor, 9.
of aldermen, 10.
of common councilmen, 10.
of city treasurer and collector, city clerk, assessors, and other subor-
dinate officers, 11, 157, Ord. 3.
of engineers, 11, 157, Ord. 34.
of foremen, Ord. 34.
of overseers of poor, 12, 13, 21.
of school committee, 12, 21, 56.
of county, State, and United States officers, 15.
of commissioners of rural cemetery, 28, 157.
178 INDEX.
ELECTIONS, of surveyors of highways, surveyors of lumber, measurers
of wood and bark, weighers of hay, sealers of weights and
measures, field drivers, fence viewers, pound keeper, tything-
men, sealers of leather, and hogreeves, Ord. 3, 157.
of city messenger, Ord. 5, 157.
ENGINEERS, see Fire Department.
ENGINEMEN, see Fire Department.
ENROLMENT, committee of aldermen on, 139.
committee of common council on, 139.
FENCE VIEWERS, Ord. 3, 145, 157.
FIELD DRIVERS, Ord. 3, 145, 157.
FINES, see Penalties.
FINANCE, joint committee on, 137.
FIRE DEPARTMENT —
act giving engineers power of firewards and relating to combusti-
bles, 55.
accounts against, to be examined, &c, by chief engineer, Ord. 34, § 3.
appropriations for new engines, houses,&c, howexpended,Ord. 34, § 6.
amount paid annually for support of, 165.
authority and duty of chief engineer, Ord. 34, §§ 6, 10, 11, 12, 13.
of assistant engineers, Ord. 34, §§ 4, 5, 16, 17.
apparatus not to be taken from the city, except, &c, Ord. 34, § 21.
committee on, to expend certain appropriations, Ord. 34, § 6.
to direct as to repairs, &c, ib.
may call for rolls and records from foremen, Ord. 34, § 14.
names of members, 138.
chief engineer, election of, 11, Ord. 34, § 2.
to have certificate, Ord. 34, § 2.
to be chairman of board of engineers, Ord. 34, § 3.
in his absence engineer next in rank to act, Ord. 34, § 7.
to examine accounts, Ord. 34, § 3.
other duties, Ord. 34, §§ 6, 10, 11, 12, 13.
name and compensation, 141.
see engineers,
clerks of companies — see Officers,
engineers, to be chosen annually in April, Ord. 34, § 2.
to have certificates, ib.
four in number, Ord. 34, § 1.
rank, determined by mayor and aldermen, Ord. 34, § 3.
to hold over one year in certain cases, Ord. 34, § 2.
to organize into a board, Ord. 34, § 3.
powers in relation to gunpowder, 32, 33.
to choose one of their number secretary, Ord. 34, § 3.
other duties of, Ord. 34, §§ 4, 5, 16, 17.
have the authority of firewards, 55.
names, compensation and rank, 141.
engines, &c, not to be taken from the city except, &c, Ord. 34, § 21.
elections, of chief engineer annually by joint ballot, 11.
to be chosen in April for one year, Ord. 34, § 2.
to hold until another is chosen, ib.
of assistant engineers, as above,
to hold over in certain cases, Ord. 34, § 2.
of foremen, assistant foremen and clerks, Ord. 34, § 10.
to be chosen in May, ib.
foremen and assistant foremen, sec Officers,
hosemen to be nominated by companies, Ord. 34, § 16.
to be appointed by board of engineers, ib.
may be removed by the board, ib.
INDEX. 179
FIRE DEPARTMENT, members of to be 21 years of age and citizens of
the "United States, Ord. 34, § 8.
admittance and discharge of, to be returned to chief engineer,
Ord. 34, § 8.
terms of service, Ord. 34, § 9.
not to assemble in houses unnecessarily, Ord. 34, § 19 (repealed),
not to assemble, &c, on Sunday, Ord. 47.
names, age and residence to be returned to city council, Ord. 34, § 6.
to be published annually, ib.
admission and discharge of, Ord. 34, §§ 6, 8, 12.
engineers may suspend from duty in certain cases, Ord. 51.
compensation fixed by city council, 11.
to have badges, &c, Ord. 34, § 10.
no pay except for three months' service, Ord. 34, § 9.
to choose their officers, Ord. 34, § 10.
may be discharged by aldermen, Ord. 34, § 12.
duties of, at fires, Ord. 34, § 15.
compensation, 142.
names of members of committee on fire department, 138.
of chief and assistant engineers, 141.
of foremen of companies and of engines, &c, 141.
officers of companies to be elected by members in May, Ord. 34, § 10.
returns to be made, Ord. 34, §§6, 11.
names of, to be published annually, Ord. 34, § 6.
to have certificates if approved, Ord. 34, § 12.
if not new election to be ordered, ib.
may be discharged by aldermen, ib.
duty of foreman, Ord. 34, § 14.
duty of clerk, Ord. 34, §§ 9, 10.
duties of, at fires, Ord. 34, § 15.
compensation, 142.
ordinances concerning, Ords. 34, 47, 51.
repairs, &c, to be made by chief engineer, Ord. 34, § 6.
reservoirs and hydrants, -water not to be drawn from except, &c,
Ord. 34, § 20.
rolls, chief engineer to keep, Ord. 34, § 6.
foremen to keep or cause clerks to keep, Ord. 34, § 14.
secretary of board of engineers, Ord. 34, § 3.
compensation, 141.
steward, engineers to appoint, and his duty, Ord. 34, § 17.
compensation, 142.
FOREST HILLS, see Cemetery.
FUEL, joint committee on, 138.
GATES, not to swing into streets, Ord. 23.
GOVERNMENT OF CITY, members of, 135, 167.
GUNPOWDER, acts to regulate transportation and storage of, 32, 51.
licenses for its sale, 32.
forfeiture of, when unlawfully kept, 33, 51.
mayor and aldermen may make rules concerning its transportation
and sale, 32.
HAY, weighers of, Ord. 3, 145, 157.
HEALTH, powers of board of health vested in city council, 14, 35.
mayor and aldermen shall perform the duties of board of health,
Ord. 36, 35 — (see act '50, ch. 108, as to unfit dwelling places),
concerning removal of nuisances or causes of sickness 35, Ord. 14.
act relating to offensive trades, 57.
act relating to the public health, 35 — ($ 7 amended by '54, ch. 87).
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, 36.
180 INDEX.
HEALTH, 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, 144.
HIGHWAYS, see Streets or Ways.
HOGREEVES, Ord. 3, 145, 157.
HOSEMEN, see Eire Department.
HOUSES, numbering of, Ord. 25.
INNHOLDERS, mayor and aldermen may license, 11.
INSPECTORS OF ELECTIONS, election and duties of, 6.
names of, 150.
INSTRUCTION, public, joint committee on, 137.
INSTRUCTIONS, for ward officers, 151.
JURORS, preparation of lists by mayor and aldermen, and drawing of
jurors, 21 — (act relating to, 1856, ch. 125).
JUSTICE, see Police Court.
LAMPS, expenditures for, Ord. 44, 166.
duties of joint committee on, Ord. 44.
names of members of joint committee, 138.
annual expenditure for lamps, 166.
LAWS, act relating to preservation of, 57 — (see Statutes).
LICENSES, committee of aldermen on, 139.
LICENSED HOUSES, mayor and aldermen may license innholders,
victuallers, and retailers, 11.
LUMBER, city council may make by-laws for sale and measurement of, 14.
surveyors of, Ord. 3, 145, 157.
MARSHAL, CITY, to be appointed or removed by mayor and aldermen, 11.
when appointed, — shall give bonds, — authority and duties of, —
compensation of, — name and salary of, see Ord. 45, 142.
MAYOR, with aldermen and common council, to have government of
city, 5.
election of, 7, 21, 24.
term of office, 7, 21, 24.
shall administer oath to members of city council, 9.
duties of, 10.
in case of no election of mayor, 9.
power to remove subordinate officers for neglect of duty, 10.
may call special meetings of city council, 10.
shall preside at meetings of board of aldermen, and in convention of
city council, 10.
salary of, 10, 135.
shall have power of nomination in appointments, subject to confirma-
tion of aldermen, 12.
shall be one of overseers of poor, 12.
shall execute and affix city seal to deeds, Ord. 20.
MAYOR AND ALDERMEN, with common council, to have the govern-
ment of the city, 5.
may issue warrants for public meetings for municipal purposes, 7.
executive power and administration of police vested in them, 10.
may appoint and remove police officers, 11, 39.
may license innholders, victuallers and retailers, 11.
sittings of, to be public, except, 11.
shall prepare lists of voters previous to elections, 16.
shall warn public meetings on requisition of fifty voters, 16.
shall prepare lists of jurors, 21, 22.
powers and duties in fire department matters, see Fire Department.
INDEX. 181
MAYOR AND ALDERMEN, may grant licenses for sale of gunpowder,
and make rules for its storage and transportation, 32.
may oblige owners of private streets to grade them properly, 40, 41.
may construct sidewalks, the abuttors to pay for the materials, 44.
shall cause bounds to be placed, &c, 33.
shall appoint city marshal, Ord, 45.
shall appoint commissioner of streets, Ord. 40.
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, Ord. 14, § 2.
may take measures for preservation of public health, Ords. 14, 3G,
but see page 35.
ma)r license city criers, Ord. 37.
MEASURERS OF WOOD AND BARK, Ord. 3, 157.
MEETINGS, PUBLIC, may be held for certain purposes, 16.
shall be duly warned by mayor on requisition of fifty voters, 16.
MESSENGER, CITY, election and duties, Ord. 5.
name and salary of, 136.
MONIES, PUBLIC, (see Treasury,) city council may require bonds of
persons receiving, keeping, or disbursing, 11.
NUISANCES, act relating to suppression of, 53 — (see Health).
OFFENSIVE TRADES, act relating to, 51.
OFFICERS OF CITY, names of, 135, 139, &c.
subordinate officers elected by the city council, 11.
duties of subordinate officers defined, and compensation fixed by
city council, 11.
penalty of, for neglect of duty in relation to elections, 34.
ORDINANCES, manner of recording, Ord. 1.
method of promulgation, Ord. 15.
enacting style of, Ord, 19.
OVERSEERS OF POOR, election of, 12, 13, 21.
names of, 140.
PENALTIES, how to be recovered, 14.
power of city council to impose, 18, 27.
PHYSICIAN, CITY, election and duties of, Ord. 48.
name and salary of, 144.
consulting, appointment of, Ord. 14, § 2.
names of, 144.
POLICE COURT, act establishing, 45.
extent of jurisdiction, and power of appeal, 45.
salary of standing justice, 45.
name of justice, and salary of, 142.
court to be held daily, 46.
justice to keep fair record of proceedings, 46.
justice to account for fines, forfeitures, fees and charges, 46.
special justices of court, 47.
names of, 142.
clerk of court may be elected by city council, 47.
duties of clerk, 47.
POLICE DEPARTMENT (see Police Court), administration of, in mayor
and aldermen, 10.
police officers appointed and removed by mayor and aldermen, 11, 39.
members of department, 142.
amount annually paid for support of department, 165.
city council may make by-laws, 27.
POLLS, number of, 162.
POOR, amount paid for support of, 164.
joint committee on poor and almshouse, 138.
182 INDEX.
POPULATION OF CITY, 163.
POUND KEEPER, Ord. 3, 145.
PRESIDENT OF COUNCIL, 9, 135, 168.
PRINTING, joint committee on, 138.
PUBLIC PROPERTY, names of committee on, 137.
duties of joint committee on, Ord. 22.
QUORUM, majority of either branch of city government shall constitute, 6.
RAILROADS, act relating to crossings, 37.
REPRESENTATIVES, number how determined, 15.
method of election, 15.
ROADS, see Streets or Ways.
ROXBURY, see City of Roxbury.
RULES AND ORDERS (see Index of, p. 185), of board of aldermen, 119.
of common council, 121.
of city council, 129.
SCHOOL COMMITTEE, election of, 12, 21, but see 56.
concerning vacancies in, 56.
how vacancies in, shall be filled, 12, 21, 56.
shall have care and superintendence of schools, 13.
shall have charge of appropriations for salaries of teachers, Ord. 22.
shall provide rooms and furnish them, not to exceed one hundred
dollars in any one instance, Ord. 22.
may repair school houses, and provide articles, to the extent of fifty
dollars, Ord. 22.
names of, 146.
SCHOOLS, shall be under superintendence of school committee, 12, 13.
truant children and absentees, 38, Ord. 38.
powers of school committee and committee on public property, in
relation to, Ord. 22.
names of schools and teachers, 146, 147, 148, 149.
amount annually paid for support of, in past years, 163.
SEAL OF CITY, Ord. 18.
SEALERS, of leather, Ord, 3, 145.
of weights and measures, 145.
SEWERS, may be constructed by order of city council, 14.
SIDEWALKS, act to regulate, 44.
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, 144.
STABLES, regulations relative to, 40.
STATUTES, printed, and subjects to which they relate —
1845, ch. 197, steam engines, &c, 48— (see 1852, ch. 191).
1847, ch. 166, power of cities, 27.
1848, ch. 79, public cemetery, 28.
ch. 98, ways, 31.
ch. 156, gunpowder, 32.
ch. 192, roads, 33.
ch. 240, duties of city officers, neglect of, 34.
ch. 278, balustrades, 34.
1849, ch. 211, public health, 35 — (see 1850, ch. 108, 1854, ch. 87).
ch. 200, ways, 37.
ch. 222, railroad crossings, 37.
1850, ch. 294, truant children, 38 — (see 1852, ch. 283, 1853, ch. 343).
1851, ch. 162, police officers, 39.
ch. 319, stables, &c, 40.
1852, ch. 18, public cemetery, 30.
1853, ch. 141, streets, &c, in Roxbury, 40.
ch. 315, grades of streets, &c, 41.
INDEX. 183
STATUTES, 1854, ch. 39, elections of city officers, plurality law, 43.
ch. 419, fines for the use of cities, 44.
1855, ch. 97, sidewalks (general act, ch. 43), 44.
ch. 153, police court, 45.
ch. 285, gunpowder, 51.
ch. 2S7, by-laws of cities, 50.
ch. 391, offensive trades, 51.
ch. 405, suppression of nuisances, 53.
1856, ch. 157, election of civil officers, 54.
1857, ch. 188, fire department, 55.
ch. 266, vacancies in school committees, 56.
1858, ch. 106, preservation of books, &c, 57-
STATUTES, RECENT (1856, '57, '58), not printed in the Register.
1856, ch. 125, jurors.
ch. 164, attendance at school by minors.
ch. 224, representatives to congress, day of election.
ch. 232, superintendent of schools.
ch. 245, railroad crossings, flag-men.
ch. 255, return of votes, duty of city clerk.
ch. 256, planting of shade trees.
1857, ch. 51, powers and duties of police courts,
ch. 84, transcript of records.
ch. 115, shade trees.
ch. 133, land taken for public ways.
ch. 153, destitute children and overseers of the poor.
ch. 185, restriction of plurality law to elections of the people.
ch. 189, school for persons above 15 years of age.
ch. 194, billiard tables and bowling alleys.
ch. 222, injuries to school houses and public buildings.
ch. 292, draining low lands.
ch. 306, equalization of taxes.
1858, ch. 5, branches to be taught in public schools.
ch. 26, estates of deceased paupers.
ch. 43, exemption from full taxation, females and minors,
ch. 139, dogs.
ch. 152, public amusements, "lager bier."
ch. 172, §§ 7, 9, appointment of liquor agent and returns.
STEAM ENGINES AND EURNACES, act relating to, 48.
STREETS, may be laid out by city council, first action by aldermen, 13.
recovery of damages caused by laying out or altering, 13, 31, 37.
record of, to be kept, Ord. 17.
county commissioners shall provide permanent bounds for town and
county roads, 33.
act for the regulation of railroad crossings, 37.
mayor and aldermen may oblige owners of private ways to keep them
properly graded, 41, 42.
no street shall be opened of less width than thirty feet, 41.
no street shall be accepted of less width than fifty feet, Ord. 41.
surveyors of highways, how elected, Ord. 3.
names of, 140.
no obstructions to be placed in streets without license, Ord. 13.
cellar- ways to be properly guarded ; regulations concerning carriages
and horses ; games of chance prohibited in, ib.
discharge of firearms and other explosive materials forbidden ; orderly
behavior required of passengers ; no horse, cattle, swine,
&c, to go at large in ; blasting rocks prohibited within fifty
rods of highways ; separate record of streets and highways
to be kept by city clerk, ib.
184 INDEX.
STREETS, no gates to swing into street, Ord. 23.
appointment and duties of commissioner of streets, Ord. 10.
ordinance relative to the acceptance of streets, Ord. 41.
members of joint committee on streets, 137.
amount paid annually in past years for repairs of, 164.
SURVEYORS, of highways, election of, Ord. 3.
names of, 140.
of lumber, Ord. 3.
names of, 145.
SWIMMING, when exposed to view, forbidden, Ord. 13, §14.
TAXES, assessment and apportionment of, 13.
annual amount of in past years, 158, 159, 160, 161.
TREASURER AND COLLECTOR, election of, 11.
compensation fixed by city council, 11.
shall collect and receive city accounts, rents, &c, Ord. 6.
shall give bonds, Ord. 6.
name and salary of, 139.
TREASURY, no money to be paid out of, unless on order of the mayor,
Ord. 6.
TRUANT CHILDREN, power of city to take action concerning them, 38.
may be punished by fine or committed to almshouse, Ord. 38.
TYTHINGMEN, election of, Ord. 3.
names of, 145.
UNDERTAKER, appointed by mayor and aldermen, Ord. 12.
duties of and compensation, Ords. 12, 27.
name of, 144.
VALUATION OF ESTATES, 162.
VAULTS, regulations concerning the emptying of, Ord. 39.
VICTUALLERS, mayor and aldermen may license, 11.
VOTERS, see Elections.
WARDS, division of the city into, 24.
description of wards, 155.
may be altered, if necessary, once in five years, 6, 24.
names of officers of, 150.
WARDEN, election of, and term of office, 22.
shall preside at ward meetings, 6.
shall take and administer oath of office, 7.
shall sign certificates of election, 8.
WARD MEETINGS, how conducted, 6.
form of warrants, Ord. 2.
issue of warrants for, 7.
WARD OFFICERS, instructions to, 151.
WARD ROOMS, 156.
WARRANTS, for public meetings, 7.
form of; service and return of, Ord. 2.
WARREN, birth place of— (see Note, p. 173).
WATCHMEN, shall be appointed by mayor and aldermen, Ord. 11, 31.
compensation fixed by mayor and aldermen, Ord. 11.
names and salaries of, 143.
WAYS, city council may lay out, &c, 13.
act relating to, town and private, 31.
to laving out, 37.
to those in Roxbury, 40.
to grades of, 41.
see Streets.
WEIGHERS OF HAY, election of, Ord. 3.
names of, 143.
WOOD AND BARK, sale and measurement of, 14, Ord. 3:
measurers of, 145.
INDEX.
186
INDEX OF RULES AND ORDERS.
[The figures refer to the page.]
BOARD OF ALDERMEN.
Committees, appointed or elected, 120.
standing committees, 120.
Order of business, 119.
Ordinances, passage of, 119.
rejection, 120.
Suspension of rules, 120.
COMMON COUNCIL.
Committees, appointed or elected, 123.
standing committees, 125.
standing committees shall keep re
cords of their proceedings, 127.
organization of committees, 126.
special committees to consist of three
members unless otherwise ordered,
126.
duty of committees to report within
four weeks. 127.
committee of whole, 125.
Communications, reception of, 125.
Division of question may be called, 124.
Elections by ballot, 127.
Members, right* and duties of, 123, 124, 125.
conduct of, 123.
limit to speaking on one question,124.
obliged to vote unless specially ex-
cused, 124.
not obliged to net on more than three
standing committees, 125.
Motions, order of, 122.
shall be reduced to writing if desir-
ed, 124.
Orders, pissage of, 126.
Ordinances, passage of, 126.
President, rights and duties of, 121, 122, 123.
President, proceedings in absence of, 121.
Previous question, 123.
Questions, taking of, 123.
Reconsideration of vote, 124.
Resolutions, passage of, 126.
Seats of members, 126.
Suspension of rules, 125.
Votes, declaration of, 121.
Yeas and nays, may be called at request of
one-third of members present, 122.
CITY COUNCIL.
Committees, joint standing, 129.
members of, chosen by
respective boards, 129,
130.
chairmen of, 130.
in relation to calling
meetings of, 130.
shall report within four
weeks, 133.
committees of eonference, 130.
proceedings in case of
non-concurrence of,131.
regulations respecting action of com-
mittees, 131.
Debt, created by what vote, 133.
Messages between boards, 133.
Orders and resolutions, passage of in either
board, 132.
Ordinances, enacting style of, 131.
titles of, to be prefixed, 132.
r assage of, 132.
Transmission of papers from board to board,
132.
Votes, form of, 131.
reconsideration of, 133.
24
NOTE.
The Committee appointed by an order dated May 3d, 1858, to prepare
the Municipal Register for the present year, have, in compliance with the
order, prepared the same in the usual form. They would suggest, how-
ever, the expediency of printing the Ordinances and Register separately
in the future. They believe as a larger edition of the Ordinances than of
the Register is needed (the former answering for several and the latter for
a single year), and for other reasons, that publications in the form pro-
posed will be more convenient and less expensive. The Committee would
also suggest that as the Laws relating to Municipal affairs are very numer-
ous, and can always be readily found, those only of an important charac-
ter be printed, and that a full reference to the others be published with
the Ordinances, with the subjects arranged alphabetically and properly
indexed. The Committee have caused a list of the laws relating to Muni-
cipal matters for the years 1856, '57 and '58, to be inserted in the Index,
under " Statutes," and as these are not very numerous, they are arranged
in the order of their passage.
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