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

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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- *°* b c u ;| 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 m d n 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 councilmen 2 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. 
inspectors 5 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 ma y° 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. 
men Alder " And ^ ^ s h a ^ a PP ear tna t 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- ^™ r n ? 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- ) f r f£e ization 
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 ^"j 6 

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- Ma y° r 
j i 1111 P ro 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 thc Licc » s es. 
same power to grant licenses to innholders, vict- 
uallers and retailers within the city, which is pos- 
sessed by the mayor and aldermen of the city of 
Boston. 

The city council shall annually, as soon after To appoint 

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 " hwa y s - 
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 ^ a ki e 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 in alves 
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^°° e d e ^!f r a 
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- federal 11 
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 ?"?* or s^- 

. 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 .V 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) T or 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, fyc 7 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 twelve 1 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. 





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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