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

cyT'^r-eo^Xy 



JUiiuffora'sJ.illi. 



Fcum. aTiiiuliUjijhy Copli^y 



SOVONMBIT OOCUMBITS 

KPARTMENT 
BOSTON l>UBUC LIMARY 

MUNICIPAL REGISTER, — 



CONTAINING THE 



CITY CHARTER, LAWS AND ORDINANCES, 
AND RULES AND ORDERS 



CITY COUNCIL, 



fist of % Officers of i\t Citg of |todnri!, 



FOR THE YEAR 



1859. 



ROXBURY: 
JOHN M. HEWES, PEINTEK 

1859. 



'iti| nf llnilinrti. 



In Common Council, May 9, 1859. 
Ordered, That a Joint Special Committee of four from this Boai-d, with 
such as the other branch may join, be appointed to prepare the Municipal Regis- 
ter for the year ensuing. 

Passed, and Messrs. J. E. Hall, Sweat, Farmer and Bumstead were 
placed on the Committee. 
Sent up for concurrence. 

FEANKLIN WILLIAMS, Cleric. 



In Board op Aldermen, May 9, 1859. 
Concurred, and Aldermen Fowle, May and Clapp joined. 

JOSEPH W. TUCKEE, City Cla-k. 



CITY CHAETER. 



COMMONWEALTH OF MASSACHUSETTS 



In the Year One Thonsand Eigbt XEnndred and Forty-Six. 



An Act to Establish the City of Koxbury. 

Be it enacted hj the Senate and House of Repre- 
sentatives in General Court assembled, and ly the 
authority of the same, as follozvs : 
Section 1. The inhabitants of the town of Koxbury to 
Roxbury shall continue to be a body politic and 
corporate, under the name of the City of Rox- 
bury, and as such shall have, exercise and enjoy 
all the rights, immunities, powers and privi- 
leges, and shall be subject to all the duties and 
obligations, now incumbent upon and appertain- 
ing to said town as a Municipal Corporation. 

Sect. 2. The administration of all the fiscal, ^^^{S?/^" 
prudential and municipal affairs of said city, m ^^01%^^ 
with the government thereof, shall be vested in mm councu. 
one principal ofiicer, to be styled the mayor ; 
one council of eight*, to be called the board of 
aldermen ; and one council of twenty-four,f to 

* One Alderman from each Ward and three at large. Amdt. of 
1852, sec. 3. 
t Coimcil of twenty. Ibid. 



CITY CHARTER 



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 respective offices. A majority of each 
board shall constitute a quorum, for doing busi- 

wuho"?pay. ness, and no member of either board shall re- 
ceive any compensation for his services. 

mvfde?h™^° Sect. 3. It shall be the duty of the select- 

Town into i? xi j_ £• ti t 

Wards. men oi the town ol Koxbury, as soon as may 
be, after the passage of this act, and its accept- 
ance by the inhabitants, as hereinafter pro- 
vided, to divide said town into eight wards,* as 
follows, to wit : ^rst, by drawing a line between 
the second and third parishes, 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 divid- 
ing the third parish into two wards, to contain, 
as nearly as may be convenient, an equal num- 
ber 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. 
everyflve'^*^ Aud It shall bc tlic duty of the city council. 
Council. once in five years, to revise, and, if it be need- 
ful, to alter said wards in such manner as to 
preserve as nearly as may be, an equal number 
of voters in each ward ; pivvided, however, that 
the second parish shall always constitute at 
least one ward, and the third parish shall con- 

* Five Wiirds. Ainclt. on8;52, see. 1. 



CITY CHARTER 



stitute at least two wards, without any addition 
of territory to either. 

Sect. 4. On the second Monday in March,* ^^f^X^ 
annually, there shall be chosen by ballot, inandcTerk! 

'' 'J ■> and Inspec- 

each of said wards, a warden, clerk, and three Meotfons. 
inspectors of elections, residents of wards in 
which they are chosen, who shall hold their 
offices for one year,f and until others shall 
have been chosen in their places, and qualified 
to act. It shall be the duty of such warden to 
preside at all ward meetings, with the power 
of moderators of town meetings. And if at any 
meeting the warden shall not be present, the 
clerk of such ward shall call the meeting to 
order, and preside until a warden pro tempore 
shall be chosen by ballot. And if at any meet- 
ings 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 inspectors of elections to assist the 
warden in receiving, assorting and counting 
the votes. And the warden, clerk and inspect- 
ors so chosen, shall respectively make oath or 
affirmation, faithfully and impartially to dis- 
charge their several duties, relative to all elec- 
tions, which oath may be administered by the 
clerk of such ward, to the warden, and by the 



* Second Monday of Deccmhcr. Amdt. 1850, sec. 1. 
t And until others arc chosen. Aindt. 1850, sec. 7. 



b CITYCHARTER. 

warden to the clerk and inspectors, or by any 

justice of the peace for the county of Norfolk. 

ward^Md*^" All warrants for meetings of the citizens for 

City meet- ... i t n t • i • 

ings. municipal purposes, to be held either m wards 
or 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. 

SavOT Sect. 5. The mayor and eiarht aldermen, 

and city "^ ^ 

councu. Qjig alderman to be selected from each Ward,* 
shall be elected by the qualified voters of the 
city, at large, voting in their respective wards, 
and three common councilmenf 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 of&cers shall be chosen by bal- 
lot, and shall hold their ofiices for one year 
from the fi^rst Monday in April ;J and the 
mayor, until another shall be elected and qual- 
ified in his place. 

ftward""^ Sec. 6. On the second Monday in March,§ 

meetings. , . 

annually, immediately after a warden, clerk, 
and inspectors] I shall have been elected and 
sworn, the qualified voters in each ward shall 
give in their votes for mayor, aldermen and 
common councilmen, as provided in the pre- 
ceding section ; and all the votes so given, 



* One from each Ward and three at large. Amdt. of 1852, sec. 3. 
t Four from each Ward. Ibid. 
J First Monday in January. Amdt. of 1850, sec. 1. 
§ Second Monday of December. Ibid. 

II So much as relates to Warden, &c., repealed by Amdt. of 1 850, 
sec. 2. 



CITYCHARTER. t 

shall be assorted, counted, declared and regis- 
tered 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 o/e^Sh! 
hours after such election, shall deliver to the 
persons elected members of the common coun- 
cil, certificates of their election, signed by the 
warden and clerk, and by a majority of the in- 
spectors of elections, and shall deliver to the 
city clerk a copy of the records of such elec- 
tion, certified in like manner ; provided, hotvever, 
that if the choice of common councilmen can- 
not be conveniently effected on that day, the 
meeting may be adjourned from time to time, 
to complete such election.* 

The board of aldermen shall, as soon as may 
be convenient, examine the copies of the rec- 
ords 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 elected 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 vaSy Tn 

<-. .1 1 . . , .,. n T the ullice of 

01 the mayor, or his mability to perform the^iayof 

* Other vacancies filled in like manner. Amdt. of 1850, sec. 3. 



5 CITY CHARTER. 

duties of his office, it shall be the duty of the 
board of aldermen and the common council, ^n 
convention, to elect a mayor for the time being, 
to serve until another is chosen, or until the 
occasion causing the vacancy is removed. 
and Alder- Aud if it sliall appcar that the whole numoer 

men. J- i- 

of aldermen have not been elected, the s'me 
proceedings shall be had, as are hereinbefore 
provided for the choice of mayor. Each alder- 
man shall be notified in writing, of his election, 
by the mayor and aldermen for the time being. 

Mayor's The oath prescribed by this act shall be ad- 

ministered to the mayor by the city clerk, or 
any justice of the peace for the county of 
Norfolk. 

The aldermen and common councilmen elect, 
shall, on the first Monday of April,* at ten 
o'clock in the forenoon, meet in convention, 
when the oath required by this act shall be ad- 
ministered 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 certifi- 
cate of such oath having been taken, shall be 
entered on a journal of the mayor and alder- 
men, and of the common council, by their re- 
spective clerks. 

Notice to And whenever it shall appear that no mayor 

Convention -I i '^ 

MayorTs has bccu clccted previously to the said first 

chosen. ht i • a -i i 

Monday m April,* the mayor and aldermen for 
the time being, shall make a record of that 
fact ; an attested copy of which the city clerk 

* First Monday of January. Amdt. of 1850, sec. 1. 



CITYCHARTER. 9 

shall read at the opening of the convention to 
be held as aforesaid. 

After the oath has been administered as organization 

of the 

aforesaid, the two boards shall separate ; and cIu^il 
the common council shall be organized by the 
choice of a president and a clerk, to hold their 
office during the pleasure of the common coun- 
cil, and to be sworn to the faithful performance 
of their duties. 

In case of the absence of the mayor elect, on in absence 
the first Monday of April,* the city govern- meeting. 
ment shall organize itself in the manner here- 
inbefore provided, and may proceed to business 
in the same manner as if the mayor were pres- 
ent, and the oath of office may be administered 
to the mayor at any time thereafter in a con- 
vention of the two branches. 

In the absence of the mayor, the board of^^^^;^^ 
aldermen 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 fudge 0°^'* 

-, . 1 • 1 n 1 1 • • Elections 

proceedmgs, and judge of the election of its ^^j^i,°ers"&c. 
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 quali-Sayor.'''^ 
fied, shall be the chief executive officer of said 

* First Monday of January. Amclt, of 1850, sec. 1. 
2 



10 CITYCHARTER. 

city * It shall be his duty to be vigilant in 
causing the laws and regulations of the city to 
be enforced, and keep a general supervision 
over the conduct of all subordinate officers, 
with power to remove them for neglect of duty. 
He may call special meetings of the boards of 
aldermen and common council, or either of 
them, when necessary in his opinion, by caus- 
ing 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 infor- 
mation, and recommend such measures, as in 
his opinion the interests of the city may re- 
quire ; he shall preside in the board of alder- 
men, and in convention of the two branches, 
but shall have only a casting vote. 
compcnsa- ^j^g 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 compensation : lorovided^ Jioivevei^, that 
appoimeci the citv council shall have power to appoint 
Highways, thc mayor commissioner of highways, when, in 
their opinion, such an office is necessar^^, and 
allow him a suitable compensation therefor. 
powcrin W Sect. 8. The executive power of said city 
Aldermen, generally, and the administration of the police, 
with all the powers heretofore vested in the 
selectmen of Roxbury, shall be vested in the 

* To hold oflicc until anotlicr is chosen. Amdt. of 1850, sec. 7, 
and iinidt. of 1852, sec. 3. 



Police 
Officers. 



CITYCHAIITEE. 11 

mayor and aldermen, as fully as if the same 
were herein specially enumerated. 

*And the mayor and aldermen shall have 
full and exclusive power to appoint a constable 
and assistants, or a city marshal and assistants, 
with the powers and duties of constables, and 
all other police officers ; and the same to re- 
move at pleasure. 

And the mayor and aldermen may require constables- 

•^ ./ i. bonds. 

any person appointed a constable of the city, to 
give bonds, with such security as they may 
deem reasonable, before he enters upon the 
duties of his office, upon which bonds the like 
proceedings and remedies may be had, as are 
by law provided in case of constables' bonds 
taken by the selectmen of towns. 

And the mayor and aldermen shall have the Licenses. 
same power to grant licenses to innholders, vict- 
uallers and retailers within the city, which is 
possessed by the mayor and aldermen of the 
city of Boston. 

The city council shall annually, as soon after to appoint 

^ >J ' certain 

their organization as may be convenient, elect, 
by joint ballot in convention, a treasurer and 
collector of taxes, a chief engineer, a city clerk, 
and three assessors of taxes, and fix their com- 
pensations. 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 compen- 
sations. 

* Further powers. Act of 1851, ch. 162. 



certain 
officers. 



12 CITYCHARTEK. 

publTcf All sittings of the common council shall be 

public, and all sittings of the mayor and alder- 
men 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 grant- 
ed or appropriated; shall secure a just and 
proper accountability by requiring bonds, with 
sufficient penalties and sureties, from all per- 
sons trusted with the receipt, custody or dis- 
bursement 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 per- 
sonal, in the name and for the use of the city, 
whenever its interest or convenience may, in 
their judgment, require it. And the city coun- 
cil shall, as often as once in a year, cause to be 
published, for the use of the inhabitants, a par- 
ticular account of the receipts and expendi- 
tures, and a schedule of city property. 

nomrnVte. Sect. 9. lu all cascs in which appointments 
are directed to be made by the mayor and al- 
dermen, the mayor shall have the exclusive 
power of nomination ; such nomination, how- 
ever, being subject to be confirmed or rejected 

City cfouncii by tlic board of aldermen : provided, Jioivever, 

tooiHcesof that no person shall be eliarible to any office of 

emolument. -l o ./ 

emolument, the salary of which is payable out 
of the city treasury, who, at the time of such 
appointment, shall be a member of the board 
of aldermen or of the common council. 

Sect. 10. The city clerk shall also be clerk 



CITYCHARTER. 13 

of the board of aldermen, and shall be sworn to ^.""es or 

' City Clerk. 

the faithful performance of his duties. He 
shall perform 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 incumbent 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. The qualified voters of each ward, ^mfpoor. 
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 constitute the board of overseers 
of the poor, and shall have all the powers and 
be subject to all the duties now by law apper- 
taining to the overseers of the poor for the 
town of Roxbury. 

The qualified voters shall, at the same time school 

•*■ Committee. 

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 com- 
mittee : and the persons thus chosen shall con- 
stitute the school committee, and have the care 
and superintendence of the public schools.* 

The qualified voters shall, at the same time iSss^o"! 
and 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 

* Vacancies how filled. Act of 1857, chap. 266. 



14 CITY CHARTER. 

of the persons so chosen to furnish the asses- 
sors with all necessary information relative to 
persons and property taxable in their respect- 
ive wards, and they shall be sworn to the faith- 
ful performance of their duty. 

Assessors. The porsons to be chosen by the city council 
as assessors, shall constitute the board of as- 
sessors, and shall exercise the powers and be 
subject to the duties and liabilities of assessors 
in towns. 

Council All taxes shall be assessed, apportioned and 

may make ^ ^ i. i. 

v'is"ionfo''r'°" collcctcd iu thc manner prescribed by law rel- 

Taxes. ativo to towu taxes : provided, hoivever, that it 
shall be lawful for the city council to establish 
further and additional provision for the collec- 
tion thereof 

hoTfiS Should there fail to be a choice of overseers 
of 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 convention, in the same manner that is pro- 
vided for filling vacancies in the senate of this 
Commonwealth. 

Highways. Sect. 12. Tlic city council shall have exclu- 
sive authority and power to lay out any new 
street or town way, and to estimate the dam- 
ages any individual 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 dissat- 

^."0001117 isfied with the decision of the city council in 

Couiniission- _ "^ 

*'■'• the estimate of damages, may make complaint 



CITYCHARTER. 15 

to the county commissioners of the county of 
Norfolk, at any meeting held within one year 
after such decision ; whereupon the same pro- 
ceedings shall be had as are now provided by 
the laws of the Commonwealth in cases where 
persons are aggrieved by the assessment of 
damages by selectmen, in the twenty-fourth 
chapter of the Revised Statutes. 

Sect. 13. All power and authority now by Health. 
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. 

Sect. 14. The city council shall have au- common 

" Sewers. 

thority to cause drains and common sewers to 
be laid down through any street or private 
lands, paying the owners such damages as they 
may sustain thereby ; and to require all per- 
sons to pay a reasonable sum for the privilege 
of opening any drain into said public drain or 
common sewer. 

And the city council may make by-laws, with LuP^er°&f 
suitable penalties, for the inspection, survey, 
measurement and sale of lumber, wood, coal 
and bark, brought into the city for sale. 

Sect. 15. All fines, forfeitures and penal- prosecutions 

-*■ for breach of 

ties, accruing for the breach of any by-laws of &c5 ^^'"''^^ 
the city of Roxbury, or of any of the ordi- 
nances 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 Roxbury, by com- 



16 CITY CHARTER. 

plaint or information in the name of the Com- 
monwealth, 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 prose- 
cuted, the right of appeal to the court of com- 
mon 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 hun- 
dred and thirty-eighth chapter of the Revised 
Statutes of this Commonwealth. 

And it shall be sufficient in all such prosecu- 
tions to set forth in the complaint the offence 
fully, plainly, substantially, and formally, and 
it shall not be necessary to set forth such by- 
law, ordinance, or order, or any part thereof 

All fines, forfeitures and penalties so recov- 
ered 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 be- 
fore 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 appear- 



CITYCHARTEK. 17 

ance 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 behavior, 
and upon not paying the fine, penalty or for- 
feiture 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 pen- 
alty and costs, or be otherwise discharged ac- 
cording to law. 

The provisions of this section shall also apply 
to all prosecutions founded on the by-laws or 
ordinances of the town of Roxbury, which may 
continue in force after this act shall go into 
operation. 

Sect. 16. It shall be the duty of the city R^p^'^senta- 
council annually, in the month of October, to 
meet in convention and determine the number 
of representatives 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 meet- 
ings for the election of representatives. 

Sect. 17. All elections for County, State, TtTndlaf 

ineetinjis for 

and United States officers, who are voted for^iec^f'^iof 
by the people, shall be held at meetino-s of the Federar' 

... . . . officers. 

citizens qualified to vote in such elections, in 
their respective wards, at the time fixed by law 
for these elections respectively ; and at such 
meetings all the votes given for said several 
officers respectively, shall be assorted, counted, 
declared and registered in open ward meeting, 
by causing the names of all persons voted for, 

3 



18 CITY CHARTER. 

and the number of votes given for each, to l)e 
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 
Avithin two days after every such election, ex- 
amine 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 al- 
dermen shall forthwith issue their warrant for 
a new election, conformably to the provisions 
of the Constitution, and the laws of the Com- 
monwealth. 

Sect. 18. Prior to every election, the mayor 
and aldermen shall make out lists of all the 
citizens of each ward qualified to vote in such 
elections, in the manner in which selectmen of 
towns are required to make out lists of voters ; 
and for that purjDOse 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 



Tvist of 
Voters. 



CITYCHARTER. 19 

no person shall be entitled to vote whose name 
is not borne on such list. 

Sect. 19. General meetings of the citizens J^f^tjj"j|^„o^ 
qualified to vote, may, from time to time, be 
held, to consult upon the public good ; to in- 
struct their representatives, and to take all law- 
ful measures to obtain redress for any griev- 
ances, according to the right secured to the 
people by the Constitution of this Common- 
wealth. And such meetings may and shall be 
duly warned, by the mayor and aldermen, upon 
the requisition of fifty qualified voters. 

Sect. 20. For the purpose of organizing the F>[st^orpan-^ 
system of government hereby established, andineiit!^°^^'"' 
putting the same into operation in the first in- 
stance, 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 citizens at such place and 
hour as they may deem expedient, for the pur- 
pose of choosing a warden, clerk and inspect- 
ors for each ward, and all other officers whose 
election is provided for in the preceding sec- 
tions of this act, and the transcripts of the rec- 
ords of each ward, specifying the votes given 
for the several officers aforesaid, certified by 
the warden and clerk of such ward, at said first 
meeting, 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' 



20 CITYCHARTER. 

new warrants until such elections shall be com- 
pleted ; and to give notice thereof in the man- 
ner hereinbefore proAdded to the several per- 
sons elected. And at said first meeting, any 
inhabitant of said w^ard, 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, pre- 
pared and corrected by the selectmen for the 
time being, shall be delivered to the clerk of 
each ward, when elected, to be used as herein- 
before provided. And the selectmen shall 
appoint such time for the first meeting of the 
city council as they may judge proper, after 
the choice of city officers as .aforesaid, or a ma- 
jority 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 section is provided, the day of hold- 
ing the annual elections, and the day and hour 
for the meeting of the city council, for the pur- 
pose of organization, shall remain as provided 
in the sixth section of this act. 

And it shall be the duty of the city council, 
immediately after the first organization, to elect 
all necessar}^ city officers, who shall hold their 
offices respectively until others are chosen and 



CITYCIIARTEIl. 21 

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 comity officers, 
which votes shall be recorded, certified and re- 
turned in the manner provided in the seven- 
teenth section of this act. 

Sect. 21. The city council shall have power ti£cuy^^ 
to make all such salutary and needful by-laws, By-L^ws. 
as towns, by the laws of this Commonwealth, 
have power to make and establish, and to an- 
nex penalties, 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 sanc- 
tion of any court, or other authority whatever ; 
p7'ovided, hoivever, 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 forfeitures for the 
breach of any by-law, or ordinance, shall be 
paid into the city treasury. 

Sect. 22. The annual town meeting for the ^^^Jlng^""^" 

1.111 • • -\ I suspended, 

town 01 Koxbury, which by law is required to *°^'jf"officers 
be held in the month of March, or April, is &c!'°^"^ "''''"' 
hereby suspended, 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 hold- 
ing the annual town meeting of the inhabitants, 



22 CITYCHARTER. 

in which all the proceedings shall be the same 
as if this act had not been passed. 

Sect. 23. All officers of the town of Rox- 
bury, having the care and custody of any rec-Jt^iS-afio, 
ords, papers or property belonging to said 
town, shall deliver the same to the city clerk, 
within one week after his entering upon the 
duties of his ofiice. 

Sect. 24. All such acts, and parts of acts, as Repeal of 

^ ^ ^ Inconsistent 

are inconsistent with the provisions of this act/™""'^'""^" 
shall be, and the same are hereby repealed. 

Sect. 25. Nothing: in this act contained shall i^'^gisiauue 

o may alter 

be so construed as to prevent the Legislature thi^acr"^ 
from altering or amending the same, whenever 
they shall deem it expedient. 

Sect. 26. This act shall be void, unless the Act to be 

void unless 

inhabitants of the town of Roxbury, at a legal fy""^^^ 

-,-, -I n. .-, . 1 m 1 inhabitants. 

town meetmg called lor that purpose, shall by 
a 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 ^o^^ 
from and after its passage. 

[Passed March 12, 1846.] 



ACCEPTANCE OF THE CHARTER. 23 



EXTRACT FROM THE RECORDS OF THE TOWN OF 
ROXBURY. 

At a meetino; of the Freeholders and other Inhabi- 
tants of the Town of Roxbury, quahfied 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 Legis- 
lature 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, Toivn Cleric. 

August 31, 1846. A true copy from the Record. 

Joseph W. Tucker, City Clerk, 



AMENDMENT. 



COMMON V/EALTH OF MASSACHUSETTS 



In tbe 'X'ear One Xhonsamd X^Igbt Hundred and Fifty. 



An Act in addition to an Act to establish the City 
of Roxbury. 

Be it enacted hj the Senate and Hoiise of Representatives 
in General Court assembled, and by the authority of the 
same, as follows : 

Sect. 1. The several municipal officers whose elec- 
tion 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 December, annually, and shall enter upon 
the duties of their respective offices on the first Mon- 
day 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 va- 
cancies in the common council. 



AMENDMENT. 25 

Sect. 4. The list of jurors in the City of Eoxbury, 
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 Eevised Statutes, to be done by 
the selectmen, within and for their respective towns ; 
and the lists, when made out by the mayor and alder- 
men, shall be submitted to the common council for 
concurrent revision or amendment. 

Sect. 5. The said mayor and aldermen, and the 
clerk of the city, shall severally have and exercise, all 
the powers 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 re- 
turned from Roxbury, shall be served on said mayor 
and aldermen. 

Sect. 6. This act shall be void, unless approved by 
the voters of Roxbury, at meetings held simultaneously 
in the several wards, upon notice duly given, at least 
seven days before the time of said meetings and within 
thirty days after the passage of this act. 

Sect. 7. The mayor and ward officers chosen under 
this act, shall hold their respective offices for one year, 
and until others shall have been chosen in their places 
and qualified to act. 

Sect. 8. This act shall take effect from and after 
its passage. 

[Approved by the Governor, Feb. 12, 1850.] 



26 ACCEPTANCE OF THE AMENDMENT. 



ACCEPTANCE OP THE AMENDMENT. 

In Board of Aldermen, Feb. 25, 1850. 

Ordered, That Aldermen Young and Ward be a 
committee to examine the returns of votes from the 
several wards, as given in this day upon an amend- 
ment to the City Charter, who subsequently reported 
as follows : 

The special Committee to whom was referred the 
returns of votes from the several wards, as given in 
this day upon an amendment to the City Charter, en- 
titled " An Act in addition to an Act to Establish the 
City of Koxbury," passed February 12, 1850, submit 
the following report : 

The whole number of ballots given in the several 
wards was one hundred and twentj^-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 r (Jommittee. 

R. Ward, ) 

Report read and accepted, and the amendment de- 
clared to be adopted. 

A true copy from the Record. 

Attest, Joseph W. Tucker, Cifi/ Clerk. 



AMENDMENT. 



COMMONWEALTH OF MASSACHUSETTS. 



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



An Act in further addition to an Act to establish the 
City of Roxbury. 

Be it enacted hy the Senate and House of Bepresentcdives 
in General Court assembled, and hy 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 territory as at present, unless altered as herein- 
after provided. It shall be the duty of the city coun- 
cil, 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. 

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 con- 
sist of twenty. 



28 AMENDMENT. 

Sect. 3. The mayor and eight aldermen, one alder- 
man to be selected from each ward, and three alder- 
men 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 sec- 
ond Monday of December annually, and shall enter 
upon the duties of their respective offices on the first 
Monday of January each year. 

Sect. 4. There shall be elected, at such time in the 
month of February or March, of the present year, as 
the mayor and aldermen shall appoint, by the qualified 
voters of the city at large, voting in their respective 
wards, three aldermen from the city at large, in ad- 
dition 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 elect- 
ed ; 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 Janu- 
ary next ; 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 alder- 
men shall order a new election for the purpose of fill- 



AMENDMENT. 29 

ing 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 inhab- 
itants of Roxbury, at any general meeting, duly 
warned by public notice, of at least seven days, by the 
mayor and aldermen, shall, (within thirty days from 
the passage hereof,) by written vote, adopt the same. 

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

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

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



30 ACCEPTANCE OF THE AMENDMENT 



ACCEPTANCE OF THE AMENDMENT. 

EXTRACT FROM THE RECORDS OF THE CITY OF ROXBURY. 

At a meeting of the Inhabitants of the City of Rox- 
bury, quahfied 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 Mod- 
erator. 

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 Legis- 
lature, entitled " 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 Roxbury," 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 hy the Senate and House of Representatives 
in General Court assembled^ and hy the authority of the 
same, as foUoivs : 

Sect. 1. The City Council of any city shall have 
power and authority to make all by-laws not inconsist- 
ent with the laws of the Commonwealth, that may be 
necessary to preserve the peace, good order, and inter- 
nal 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 con- 
strued 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, 1 847.] 



32 STATELAWS. 

An Act relating to a Public Cemetery in the City of 

Roxbury. 

Be it enacted, &c., as foUoivs : 

Sect. 1. The City Council of Roxbury is hereby 
authorized 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 man- 
agement 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 cho- 
sen annually in the month of March : but said board 
or either member thereof, after having had an oppor- 
tunity to be heard in his or their defence, may be re- 
moved 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, re- 
signation, removal or otherwise, such vacancy shall be 
filled by the choice of another Commissioner in the 
manner aforesaid, who shall hold his office for the 
residue of the term for which such member, so de- 
ceased, resigned or removed, would have held the 
same. Said board may be organized by the choice of 
a chairman and secretary from their own numt)er, and 
a major part of said board shall constitute a quorum 
for the exercise of the powers and the performance of 
the duties of said office. And the term for which the 
several members of the first Board of Commissioners 
shall hold their office, shall be determined by the City 
Council as follows: The Commissioner first chosen, 
shall hold his office for five years ; the Commissioner 
next chosen, shall hold his office for four years ; the 
Commissioner next chosen, shall hold his office for 



S T A T E L A W S . 33 

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 
public 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, flow- 
ers, and other rural ornaments, and may enclose and 
divide the same with proper fences, and erect or annex 
thereto such suitable edifices, appendages and conven- 
iences, as they shall from time to time deem expedi- 
ent ; 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 Com- 
monwealth, as they may deem expedient. 

Sect. 3. Said Board of Commissioners shall have 
authority to grant and convey to any person or per- 
sons, 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 sub- 
divisions of said Cemetery, upon such terms and con- 
ditions 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 Commission- 
ers, and such proceeds shall be devoted to the liquida- 
tion of the debt incurred in the purchase of the land 



34 STATELAWS. 

for said Cemetery, and to the improvement and embel- 
lishment 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 annu- 
ally, in the month of February, and whenever required 
by the City Council, make and render a report in wri- 
ting of all their acts and proceedings, and of the con- 
dition 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 Coun- 
cil 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.] 



An Act in Addition to an Act Relating to a Public 
Cemetery in the City of Roxbury. 

Be it enacted, &c., as foUoius : 

Sect. 1. The Board of Commissioners of the Rural 
Cemetery in Roxbury, elected by the City Council, 
pursuant 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, 



STATELAWS. 35 

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, donation or be- 
quest ; and whenever any such grant, donation or be- 
quest, or any deposite shall be made by the proprietor 
of any lot in said Cemetery, for the annual repair, pre- 
servation or embellishment of such lot and the erections 
thereon, the said Commissioners may give to such pro- 
prietor, or his representative, an agreement or obliga- 
tion, in such form, and upon such terms and conditions 
as they may establish, binding themselves and their 
successors to preserve and keep in repair said lot, for- 
ever, or for such period as may be agreed on. 

Sect. 2. Any sums of money, so received by said 
Commissioners, shall be invested by the City Treasurer 
of Roxbury, under the direction of said Commission- 
ers, 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 indepen- 
dent 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 appropriated 
by them in such manner as shall, in their opinion, best 
promote the purposes for which said grants, donations, 
bequest or depositee are made. 



36 S T A T E L A W S . 

Sect. 3. The City of Roxbury shall be responsible 
for the good faith of said Commissioners and the Trea- 
surer 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 expressed 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 meet- 
ing 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. j 
[Accepted by the City Council.] 



An Act relating to Town and Private Ways. 
Be it enacted, &c., as follotvs : 

Sect. 1. When any town or private way shall be 
laid out, altered, or widened, by Selectmen or County 
Commissioners, 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 
within the time allowed for that purpose, he shall be 



STATDLAWS. 37 

deemed to have relinquished his right thereto for the 
benefit of the town, if said way be a tow^n way ; and if 
said way be a private way, for the benefit of such per- 
son or persons as said Selectmen or County Commis- 
sioners shall determine. 

Sect. 3. If a jury shall be ordered to assess the 
damages 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 prop- 
erty as aforesaid ; and if the owner shall neglect to 
remove the same within such extended time, he shall 
be deemed to have relinquished his claim thereto, as 
before provided. 

[x\pproved by the Governor, April 5, 1848.] 



An Act to Regulate the Storage and Transportation of 
Gunpowder in the City of Roxbury. 

Be it enacted, &c., as foUoivs : 

Sect. 1. No person shall kee|) or have, in any build- 
ing or other place, within one hundred and fifty yards 
of an}^ 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 



38 STATELAAVS. 

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 gunpowder 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 Rox- 
bury, 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 
performance of military duty, or under a license, as 
hereinbefore provided, may be seized by any Engineer 
of the Fire Department of said city, and by him safely 
kept, until disposed of, as hereinafter provided. 

Sect. 5. When any gunpowder shall be so seized, the 
person seizing shall libel the same, in the manner pro- 
vided 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 pursuance of said libel, as are pro- 
vided 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 



STATELAWS. 39 

of said chapter above referred to shall be in force in 
relation to the seizure of gunpowder as above pro- 
vided, as fully as if the article of gunpowder were spe- 
cially mentioned therein.* 

Sect. 6. Either of the Engineers of the Fire De- 
partment of said city may at any time enter into the 
place of business of any party licensed to keep gun- 
powder, 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 gunpowder in said city, shall be posted up in rea- 
sonable 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, &c., as follo2VS : 

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 Common- 
wealth, 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 

* See additional Act of May 3, 1855. 



40 STATELAWS. 

and angles of all roads hereafter laid out by tliem, 
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, &c., as foUoivs : 

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 
Statutes, he shall forfeit a sum not exceeding two hun- 
dred 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, &c., as foUoivs : 

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 
violation of any such rules and orders, not exceeding 
twenty dollars in any one instance ; which penalties 
may be recovered, for the use of the city, by complaint 



STATELAWS. 41 

before the Police Court of such city, or any Justice of 
the Peace in a city where no Police Court is establish- 
ed : Provided^ That no such rule or order shall take 
effect or go into operation, until the same shall have 
been published at least sixty days in some newspaper 
printed in such city or county within which such city 
is included. 

[Approved by the Governor, May 9, 1848.] 



An Act in relation to Public Health, 
Be it enacted, &c., as foUoius : 

Sect. 1. All the powers vested in, and the duties 
prescribed to Boards of Health of towns, by the general 
laws, shall be vested in, and prescribed to City Coun- 
cils of cities, in case no special provision to the con- 
trary 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, notwithstanding 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 authorized 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, 
within any city, the Board of Health, or Health Officer, 
shall order the owner or occupant thereof to remove 



42 S T A T E L A "W S . 

the same, at his own expense, within twenty-four 
hours, or such other time as they shall deem reason- 
able, 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 dol- 
lars for every day during which he shall knowingly 
permit such nuisance or cause of sickness to remain, 
after the time prescribed as aforesaid for the removal 
thereof 

Sect. 4. The order mentioned in the last section 
shall be communicated by a written notice, served per- 
sonally upon the owner, occupant, or their authorized 
agent, or by any person competent to serve a notice 
in a civil suit ; or such notice may be left at the owner, 
occupant or agent's last and usual place of abode, if 
the same be known, and is within the State ; and if 
the owner or agent's residence is unknown, or without 
the State, the premises being unoccupied, 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 person as shall have caused or per- 
mitted the same, if said owner or occupant, or such 
other person, shall have had actual notice from the 
Board of Health, of the existence of said nuisance, 
source of filth, or cause of sickness. 



STATELAWS. 43 

Sect. 6. All expenses incurred by any town or city 
in the removal of nuisances or for the preservation of 
the public health, and which are recoverable of any 
private person or corporation, by virtue of any provis- 
ions 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 regula- 
tions of any town or city, relating to health, shall 
enure to the use of such town or city ; and may be re- 
covered by complaint, in the name of the Treasurer, 
before any Justice of the Peace of the county, or Po- 
lice Court of the city in which the offence may be 
committed. 

Sect. 8. The tenth, eleventh and forty-sixth sec- 
tions of the twenty-first chapter of the Revised Stat- 
utes, and so much of the act of one thousand eight 
hundred and sixteen, chapter forty-four, relating to the 
Board of Health for the Town of Boston, as is incon- 
sistent with the foregoing provisions, are hereby re- 
pealed, saving all proceedings and causes of proceeding, 
and forfeitures incurred under and by virtue of such 
repealed acts. 

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



An Act in relation to the Laying out of Highways 

and other Ways. 

Be it enacted, <&c., m folloius : 

In all cases where any suit shall hereafter be brought, 
wherein the validity or legal effect of the proceedings 



44 STATELAWS. 

of any Comity 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 dis- 
continuance, shall be so far extended, that such appli- 
cation may be made at any time within one year after 
the final determination of any such suit ; jjrovided, that 
such suit shall have been brought within one year 
from the time of such laying out, altering, or discon- 
tinuance. 

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



An Act in relation to Railroad Crossings. 
Be it enacted, &c., as follows : 

Sect. 1. The application now required by the 
eightieth section of the thirty-ninth chapter of the 
Revised Statutes to be made by Selectmen to County 
Commissioners, in the matter of a crossing, by a rail- 
road, of any turnpike, highway or town way, may, 
when said crossing is within the limits of the City of 
Boston, be made, by any two inhabitants of said city, 
to the Mayor and Aldermen thereof, and such inhabi- 
tants shall be liable for costs when the Railroad Corpo- 
ration shall be the prevailing party, and before the 
hearing of the application shall give bonds, with suffi- 
cient surety, for the payment of such costs, if the 
Mayor and Aldermen shall so adjudge. 

Sect. 2. The foregoing provisions, and the provis- 
ions of the seventy-ninth, eightieth, and eighty-first 



STATELAWS. 45 

sections of the thirty-ninth chapter of the Revised 
Statutes, are hereby declared apphcable 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 ; idrovided-i that when- 
ever it shall be adjudged that a Railroad Corporation 
shall provide security against a travelled 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 railroad. 

Sect. 4. The original jurisdiction of all questions 
touching obstructions to turnpikes, highways or town 
ways, caused by the construction or operation of rail- 
roads, shall be vested in the County Commissioners of 
their respective counties wherein such obstructions 
shall occur. 

Sect. 5. The Supreme Judicial Court shall have 
jurisdiction in equity, and may compel Railroad Cor- 
porations to raise or lower any turnpike, highway, or 
town way, when the County Commissioners have de- 
cided, or may decide, in due and legal form, that such 
raising or lowering of any such way is necessary for 
the security of the public, and to compel Railroad Cor- 
porations to comply with the orders, decrees and judg- 
ments of County Commissioners, in all cases touching 
obstructions, by railroads, in any of said ways. 

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



46 STATELAWS. 

An Act concerning Truant Children, and Absentees 
from School. 

Be it enacted, &c., as follows : 

Sect. 1. Each of the several cities and towns in 
this Commonwealth, is hereby authorized and empow- 
ered to make all needful provisions and arrangements 
concerning habitual truants, and children not attend- 
ing school, without any regular and lawful occupation, 
growing up in ignorance, between the ages of six and 
fifteen years ; and also all such ordinances and by-laws, 
respecting said children, as shall be deemed most con- 
ducive to their welfare, and the good order of such 
city or town ; and there shall be annexed to such 
ordinances suitable penalties, not exceeding, for any 
one breach, a fine of twenty dollars ; p-ovided, that said 
ordinances and by-laws shall be approved by the Court 
of Common Pleas for the county, and shall not be re- 
pugnant 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 per- 
sons, who alone shall be authorized to make the com- 
plaints, in every case of violation of said ordinances 
or by-laws, to the Justice of the Peace, or other judi- 
cial officer, who by said ordinances shall have jurisdic- 
tion 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 judi- 
cial officers. 

Sect. 3. The said Justices of the Peace, or other 
judicial officers, shall in all cases, at their discretion, in 



STATELAWS. 47 

place of the fine aforesaid, be authorized to order chil- 
dren proved 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 in- 
struction, or house of reformation, or other suitable 
situation, as may be assigned or provided for the pur- 
pose, 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 Govcrnoi-j May 3, 1850.] 



An Act providing for the Appointment of Police 

Officers. 

Be it enacted, &c., as follotvs : 

The Mayor and Aldermen of the several cities, and 
the Selectmen of the several towns in this Common- 
wealth, 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 execu- 
ting any civil process. And the said Police Officers 
shall hold their offices during the pleasure of the 
Mayor and Aldermen, and Selectmen, by whom they 
are respectively appointed. 

[Approved by the Governor, May 15, 1851.] 



An Act relating to the Erection and Use of Buildings 

for Stables and Bowling Alleys. 
Be it enacted, &c., as follotvs : 

Sect. 1. If any person shall erect, occupy or use 
any building, in any city or town, for a stable for more 



48 S T A T E L A W S . 

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 a 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, oc- 
cupancy 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 

Koxbury. 

Be it enacted, &c., as folloivs : 

Sect. 1. When any street or way, which now is, or 
hereafter shall be opened in the City of Roxbury, over 
any private land, by the owners thereof, and dedicated 
to or permitted to be used by the public, before such 
street shall have been accepted and laid out according 
to law, it 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 con- 
venience of the public shall, in the opinion of the 



STATELAWS. 49 

Mayor and Aldermen of said city, require ; and if the 
owners of such abutting lots shall, after reasonable no- 
tice given by the said Mayor and Aldermen, neglect 
or refuse to grade such street or way in manner afore- 
said, 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 propor- 
tions as they shall judge reasonable ; and all assess- 
ments so made shall be a lien upon such abutting lands, 
in like manner as taxes are now a lien upon real estate ; 
provided, ahvays, that nothing contained in this act shall 
be construed to affect any agreements heretofore made 
respecting any such- streets or ways as aforesaid, be- 
tween 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 Alder- 
men, 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.] 



60 STATELAWS. 

An Act in relation to the Grades of certain Streets 

and Ways. 

Be it enacted, &c., as foUotvs : 

Sect. 1. When any street or way, which now is, or 
hereafter shall be opened, in any city or town which 
shall accept this act as hereinafter provided, over any 
private land by the owners thereof, and dedicated to 
or permitted to be used by the public, before such 
street or way shall have been accepted, and laid out 
according to law, it shall be the duty of the owners of 
the lots abutting thereon, to grade such street or way 
at their own expense, in such manner as the safety 
and convenience of the public shall, in the opinion of 
the Mayor and Aldermen of any city, or Selectmen of 
any town, require ; and if the owners of such abutting 
lots shall, after reasonable notice given by the said 
Mayor and Aldermen, or Selectmen, neglect or refuse 
to grade such street or way in manner aforesaid, or to 
close the same from public use, it shall be lawful for 
the said Mayor and Aldermen, or Selectmen, to cause 
the same to be graded as aforesaid, and the expense 
thereof shall, after due notice to the parties interested, 
be equitably assessed upon the owners of such abut- 
ting lots, by the said Mayor and Aldermen, or Select- 
men, in such proportions as they shall judge reasona- 
ble ; 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, ahvat/s, that noth- 
ing 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 



STATELAWS. 51 

of any street or way, by the Mayor and Aldermen, or 
Selectmen, as aforesaid, shall not be construed to be an 
acceptance of such street or way by any such city or 
town, and that the said grading of such street or way, 
by any such owners, or on such notice or procurement 
of such Mayor and Aldermen, or Selectmen, shall not 
be construed to be a dedication to the public use of 
any such 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 
be deposited in the office of the Clerk of such city or 
town ; and all those who improve the lots abutting on 
any such street or way after the grade of it shall have 
been so established and recorded, shall, in their im- 
provements, either by building or otherwise, conform 
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 recorded. The establishing and recording of the 
grade of any street or way as aforesaid, shall not be 
considered an acceptance of such street or way by any 
city or town. 

Sect. 3. No street or way, mentioned in the first 
and second sections of this act, shall be dug up, or in 
any way obstructed in any part thereof, without the 
consent of the Mayor and Aldermen of the city or the 



52 STATELAWS. 

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, &c., as foUotvs : 

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 
number required to be chosen, having the highest 
number of votes, shall be declared elected. 

Sect. 3. All acts and parts of acts, inconsistent 
herewith, are hereby repealed. 

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

[Approved by the Governor, Feb. 27, 1854.] 



An Act in relation to Prosecutions for Fines enuring 
to the use of Cities. 

Be it enacted, &c., as foUoivs : 

Sect. 1. The City Marshal, or other principal po- 
lice officer of any city in the Commonwealth, may 



STATELAWS. 53 

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.] 



An Act to Regulate the Sidewalks in the City of 

Roxbury. ^ 

Be it enacted, &c., as foUoivs : 

Sect. 1. Whenever the Mayor and Aldermen of the 
City of Roxbury shall deem it expedient to construct 
sidewalks 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 there- 
for, 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 edge- 
stones, and for the covering said sidewalks with brick, 
flat stones or plank, the same shall be made, and the 
expense of the abovenamed 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 abutter or abuttors to pay the amount so assessed, 
in such time as said City Government of Roxbury 
shall designate, then such amount or amounts shall be 



54 STATELAWS. 

recovered by an action of contract to be brought by 
the Mayor and Aldermen of said city, or by any other 
person or persons duly authorized for the purpose, be- 
fore any tribunal or court having competent jurisdic- 
tion in the premises. 

Sect. 2. This act shall take effect from and after 
its passage. 

[Approved by the Governor, March 26, 1855.] 



An Act to Establish a Police Court in the City of 

Roxbury. 

Be it enacted, c^c, as follotvs : 

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 Stand- 
ing Justice. 

Sect. 2. The said Court shall have original and ex- 
clusive jurisdiction over all crimes, offences and mis- 
demeanors committed within said City of Roxbury 
wherof Justices of the Peace now have or may here- 
after have jurisdiction ; also of all suits and actions 
which may now or at any time hereafter be heard, 
tried and determined before any Justice of the Peace 
in the County of Norfolk, whenever all the parties 
shall reside in Roxbury, and service of the writ shall 
be had on the defendant in said county ; but the juris- 
diction of the Court of Common Pleas shall not be 
affected by this act. The said Court shall have origi- 
nal and concurrent jurisdiction, with Justices of the 
Peace, in said County of Norfolk, over all crimes, 



STATELAWS. bb 

offences and misdemeanors, whereof Justices of the 
Peace within said county now have or may have juris- 
diction ; also of all suits and actions within the juris- 
diction of any Justice of the Peace within the County 
of Norfolk. 

Sect. 3. An appeal shall be allowed from all judg- 
ments of said Police Court in like manner and to the 
same extent that appeals are now allowed by law from 
judgments of Justices of the Peace ; and the Justice of 
said Police Court shall not be or act as counsel for 
any party in any cause which may be pending in said 
Court, or which shall have been heard, tried or exam- 
ined therein. 

Sect. 4. The Justice of said Court shall receive an 
annual salary of not less than one thousand dollars, the 
amount of which, if above that sum, shall be deter- 
mined not oftener than once in each year by the con- 
current 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 pro- 
vided at the expense of said city, on every day of the 
week, Sundays, Christmas, the Fourth of July, and 
public days of Thanksgiving and Fast excepted, at 
nine of the clock in the forenoon, and as much oftener 
as may be necessary, to take cognizance of crimes, 
offences and misdemeanors ; and on one day in each 
week, to be appointed and made known by said Jus- 
tice, for the entry and trial of civil actions. And said 
Justice may adjourn said Court, as Justices of the 



56 S T A T E L A W S . 

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 Roxbury, a true 
and faithful statement of all moneys received by him 
as fees. 

Sect. 7. All fines and forfeitures and all costs in 
criminal 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 Treasu- 
rer of said City of Roxbury, quarterly. 

Sect. 9. The jurisdiction of said Police Court shall 
not be limited by reason of any interest on the part of 
the Justices of said Court in the payment of fines and 
costs into the treasury of said City of Roxbury or 
County of Norfolk. 

Sect. 10. There shall be appointed by the Gover- 
nor, by and with the advice and consent of the Coun- 



STATELAWS. 57 

cil, two Special Justices of said Court, either of whom 
shall have power, in case of the absence, sickness, in- 
terest, or other disability of the Standing Justice, to 
issue the processes of said Court, to hear and deter- 
mine any matter or cause pending, and to exercise all 
the powers of the Standing Justice, until such disabil- 
ity 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 Stand- 
ing Justice would be entitled to for the same service. 

Sect. 11. All suits, actions and prosecutions, which 
shall be pending within said City of Eox])ury 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 Grovernor 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, wheu'^ 
ever the business of said Court shall, in the judg- 
ment 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 an- 
nually, 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 Alders 
men of said city shall from time to time determine, 
with surety or sureties to the acceptance of the City 
Treasurer, with condition for the fiitliful performance 
of the duties of his office. Said Clerk shall not be re- 
tained or employed as counsel or attorney in any 



68 STATELAWS. 

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 fro tempore, who shall act until the Standing 
Clerk shall resume the duties of his office, or another 
shall be chosen, as herein provided ; said Clerk j':*ro 
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 ser- 
vices as Clerk, except for certificates and copies of 
papers and proceedings of said Court, such sum, annu- 
ally, as shall be annually fixed upon by concurrent 
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 Fur- 
naces. 

Be it enacted, &c., as foUoivs : 

Sect. 1. No furnace for melting of iron, or station- 
ary steam engine, designed for use in any mill for the 
planing or sawing of boards, or turning of wood in any 



STATELAWS. 59 

form, or when any other fuel than coal is used to 
create steam, shall hereafter be erected, or put up to 
be used, in any city or town in this Commonwealth, 
unless the Mayor and Aldermen of such city, or Select- 
men 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 neigh- 
borhood ; 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 or fur- 
nace heretofore erected, or in use, and a hearing of the 
matter, shall adjudge the same to be dangerous, or a 
nuisance to the neighborhood, they may make and 
record an order, prescribing such rules, restrictions and 
alterations, as to the building in which such steam en- 
gine or furnace is constructed or used, the construction 
and height of its smoke-flues, or other provisions, as 
they shall deem the safety of the neighborhood to re- 
quire ; 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 erect- 
ed, without license made and recorded as aforesaid in 



60 STATELAWS. 

section first, shall be deemed and taken to be a com- 
mon nnisance, without any other proof thereof than 
jDroof of its use ; and any steam engine or furnace 
used contrary to the provisions 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 j)rovisions 
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 notice thereof to be given at least fourteen days 
beforehand, in such manner as said Mayor and Alder- 
men, or Selectmen, may direct, and at the expense of 
the applicant, in order that all persons interested may 
be heard before the granting 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 vaca- 
tion, 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 Statutes, in regard to the lay- 
ing out of highways ; such application shall be made 
Avithin three days after such order is served upon the 



STATELAWS. 61 

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 may be returned. 

Sect. 8. The jury shall find a verdict either affirm- 
ing or annulling the said order in full, or making alter- 
ations 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. 9. If the verdict shall affirm such order, costs 
shall be recovered by the city or town against such 
applicant ; if the verdict shall annul such order in 
whole, damages and costs shall be recovered by the 
complainant against such city or towai; 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 tlic Governor, April 25, 1845.] 
[Adu])ted 1)3' the City Council, April .jO, 1855.] 



62 STATELAWS. 

An Act relating to the By-Laws of Cities and Towns. 
Be it enacted, &c., 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 neglect or refusal to perform the same, 
they may also provide that the said duty, in case of 
such neglect and refusal, may be performed by officers 
named in such by-law, at the expense of the party 
liable, which may be recovered by action of contract, 
in the name of any such city or town, in any court 
competent to try the same. But the amount recover- 
ed 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 Transportation of Gunpowder in the City of 
Roxbury. 

Be it enaeted, &c., as folloivs : 

Sect. 1. Whenever by virtue of an act to regulate 
the storage and transjDortation of gunpowder in the 
City of Roxbury, passed the twenty-first day of April, 
in the year eighteen hundred and forty-eight, any gun- 
powder 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 hun- 
dred and eighteenth chapter of the Revised Statutes 
concerning the seizing and libelling of forfeited goods. 



S T A T E L A W S . 63 

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, &c., as folloivs : 

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 em- 
ployment which is a nuisance, or hurtful to the inhab- 
itants or their estates, dangerous to the public health, 
or the exercise of which is attended by noisome or in- 
jurious odors, or otherwise injurious to their estates ; 
and they may forbid the exercise of either of them in 
places not so assigned ; and the said board may also for- 
bid the exercise of such trade or employment within the 
limits of the city or town, or in any particular locality 
thereof 

Sect. 2. All orders of the Board of Health, as pro- 
vided 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 employment, and to take 
all necessary measures to that end. 

Sect. 3. Any person aggrieved at any such order 



64 S T A T E L A W S . 

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 Revised Statutes in regard to the laying 
out of highways. Such application shall be made 
within three days after the service of such order, and 
the jury shall be impannelled at such time and place 
as the Court or Justice may direct. 

Sect. 4. In case of appeal, as provided in the pre- 
ceding 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 dis- 
missed forthwith. 

Sect. 5. The jury shall find a verdict, either affirm- 
ing or annulling the said order in full, or making alter- 
ation 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 
applicant ; 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 



STATELAWS. 65 

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.J 



An Act for the Suppression of certain Common Nui- 
sances. 

Be it enacted, &c., as follows : 

Sect. 1. All buildings, places, or tenements, used as 
houses of ill fame, resorted to for prostitution, lewd- 
ness, or for illegal gaining, or used for the illegal sale or 
keeping of intoxicating liquors, are hereby declared to 
be common 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 occu- 
pant 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 premises, or he may 
avail himself of the remedy provided in the one hun- 
dred and fourth chapter of the Revised Statutes ; 



66 S T A T E L A W S . 

and the provisions of said chapter shall be deemed to 
extend to all such cases ; and any person appealing 
from any judgment rendered upon said complaint, shall 
be required to enter into the same recognizance now 
provided by the one hundred and 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 con- 
trol, 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 hun- 
dred, nor more than one thousand dollars, or by im- 
prisonment in the county jail not less than thirty days, 
nor more than six months. 

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



An Act concerning the Election of Civil Officers.* 
Be it enacted, &c., as foUoivs : 

Sect. 1. In order to determine the result of any 
election 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 counting the 
whole number of separate ballots given in, and the 

* Docs not apply to representative bodies of men. Act 1857, eh. 185. 



STATELAWS. 67 

person or persons who shall receive the highest num- 
ber of votes shall be deemed and declared to be elect- 
ed; 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 candi- 
dates having such equal number of votes, shall be 
deemed not to be elected. 

Sect. 3. All acts or parts of acts, inconsistent here- 
with, or with the fourteenth article of the amendments 
to the Constitution of Massachusetts, are hereby re- 
pealed. 

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



[Chapter 171 of the Acts of 1857, relates to the re- 
turns of Elections for National, State and County 
Officers.] 



An Act relating to the Fire Department of the City of 

Koxbury. 

Be it enacted, &c., as folloivs : 

Sect. 1. The Engineers of the Fire Department of 
the City of Eoxbury, shall have the same authority in 
regard to the prevention and extinguishment of fires, 
and the performance 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. 



68 S T A T E L A W S . 

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 suit- 
able safeguards against fire. And the City Council of 
said city, are hereby authorized to make suitable ordi- 
nances, 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, ac- 
cept 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.] 



An Act concerning Vacancies in School Committees. 
Be it enacted, &c., as foUotvs : 

Sect. 1. Whenever anj^ member or members of the 
School Committee of any city or town shall decline 
further service, or from change of residence or other- 
wise, 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 Aveek, proceed, by joint ballot, to fill such 
vacancy, or vacancies ; and a majority of the ballots of 



STATELAWS. 69 

all persons entitled to vote shall be held to be neces- 
sary 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 no- 
tified of such election according to the two hundred 
and eighty-third chapter of the acts of eighteen hun- 
dred and fifty-three ; and in case all the persons elected 
as members of the School Committee, shall, after such 
due notice, decline accepting said office, or having ac- 
cepted thereof, shall afterwards 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 majority 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, lioiv- 
ever, that in all cases the term of service of such mem- 
ber 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 va- 
cancy, be filled in the manner prescribed 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 
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 



70 . STATELAWS. 

parts of acts inconsistent with the provisions of this 
act, are hereby repealed. 

Sect. 5. This act shall take eJ0fect from and after its 
passage. 

[Approved by the Governor, May 30, 1857.] 



An Act to provide for the Preservation of Books, Ee- 
ports and Laws, received by Cities and Towns from 
the Commonwealth. 

Be it enacted, (&c.y as follozvs : 

Sect. 1. It shall be the duty of the City Govern- 
ment 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 Commonwealth. 

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 Commonwealth. 

Sect. 3. This act shall go into effect on the first 
day of July next. 

[Approved by the Governor, March 26, 1858.] 



An Act in relation to the Eemoval of Snow and Ice 
from the Sidewalks of Cities. 

Be it enacted, &c., as follows : 

Sect. 1. The City Council of any incorporated city 
in the Commonwealth, are hereby authorized to pro- 



STATELAWS. 71 

vide, by ordinance, for the removal of snow and ice 
from the sidewalks, in such portions of such city as 
shall be by them deemed expedient. 

Sect. 2. Such ordinance shall determine in what 
time and manner snow and ice shall be removed, as 
aforesaid, and shall affi.x suitable penalties, not exceed- 
ing fifty dollars, to any violation of the provisions of 
said ordinance ; pi'Dvided, that no person shall be liable 
to any penalty, as above provided, excepting the 
owner or tenant of the estate abutting upon the side- 
walk from which the snow and ice are required to be 
removed. 

[Aijproved by the Governor, April 14, 1857. | 



CITY ORDINANCES. 



[No. 1.] 

An Ordinance prescribing the manner of Recording the 
Ordinances of the City. 

Be it ordained hy the City Council of the City of Roxhiiry, 

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 Ordinances 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, &c., as folloivs : 

Sect. 1. The form of warrants for calling meetings of 
the citizens of the several Wards shall be as follows, viz : 

10 



74 CITY ORDINANCES. 

pL.s.i| City of Eoxbury. 

To either of the Constables of the City of Roxbimj, Greet- 
ing : In the name of the Commonwealth of Massachu- 
setts, you are hereby required, forthwith, to warn the 
inhabitants of Ward No. , 'quahfied as the law di- 
rects, 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 oiu' said City of 

Eoxbury, the day of , in the year of our 

Lord one thousand eio;ht hundred and . 

By order of the Mayor and Aldermen. 

, City ClerJc. 

Sect. 2. All warrants for calling meetings of the 
citizens of the several Wards, which shall be issued by 
the Mayor and Aldermen, shall be served by any Con- 
stable 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 Eoxbury, shall be as 
follows, to wit : 



^; 



pL.s.g City of Eoxbury. 

To the Constables of the City of Boxbwy, Greeting : In 
the name of the Commonwealth of Massachusetts, you 
are hereby required forthwith to warn the inhabitants 
of the City of Eoxbury, qualified as the law directs, to 

assemble at , on the day of , at 

o'clock, — . M., then and there to — . 



CITY ORDINANCES. 75 

Hereof fail not, and have you then and there this 
warrant, with your doings thereon. 

Witness, , Mayor of our City of Rox- 

bury, the day of , in the year of our Lord 

one thousand eight hundred and . 



By order of the Mayor and Aldermen. 

, City ClerJi. 

Sect. 4. All warrants which shall be issued by the 
Mayor and Aldermen, for calling meetings of the in- 
habitants of the city, shall be served by any Constable 
of the city, and returned to the Mayor and Aldermen 
on or before the meeting of the citizens therein spe- 
cified. 

Sect. 5. It shall be the duty of the Mayor and Al- 
dermen to fix the time when the poll shall close, as 
well as the time for the opening thereof, in the election 
of all ofiicers, except ward ofiicers, 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. 7. 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 meet- 
ing. 

[Passed May 18, 1846.] 



76 CITY ORDINANCES. 

[No. 3.] 

An Ordinance relating to the Election of certain City 

Officers. 

Be it ordained, &c., as foUotvs : 

Sect. 1. The mode of electing the following officers, 
to wit : Surveyors of Highways, Surveyors of Lumber, 
Measurers of Wood and Bark, Weighers of Hay, Seal- 
ers of Weights and Measures, Field Drivers, Fence 
Viewers, Pound Keeper, Tythingmen, Sealers of Leath- 
er, 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 amendment. 

[Passed May 18, 1846.] 



[No. 4.] 

An Ordinance authorizing the Appointment and pre- 
scribing the Duties of a City Marshal. 

[Repealed by Ord. No. 42 ; but see Ord. No. 45. J 



[No. 5.] 

An Ordinance establishing the Office of City Mes- 
senger. 

Be it ordained, &c., as foltoivs : 

Sect. 1. There shall forthwith, and hereafter in the 
month of April annually, be elected by the Board of 
Aldermen, and sent down for its concurrence or rejec- 
tion, to the Common Council, a suitable person to be 
styled City Messenger, who shall receive, deliver and 
execute, all notifications, summonses and precepts is- 



CITY ORDINANCES. 77 

sued 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 re- 
turn thereof He shall prepare and arrange 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 accom- 
modation of both branches of the City Council or any 
Committee thereof He shall receive and deliver all 
notifications 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 condition. He shall also pre- 
pare 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.] 



[No. 6.] 

An Ordinance establishing a System of Accountability 
in the Expenditures of the City. 

Be it ordained, &c., as foUotus : 

Sect. 1. There shall be annually appointed by the 
City Council, a Joint Standing Committee of Accounts, 



78 CITY ORDINANCES. 

whose duty 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, direction or superintendence of the Mayor 
and Aldermen, Overseers of the Poor, School Com- 
mittee, Fire Department, or any other officer or officers 
of the city, or by order of the City Council, or either 
branch thereof, shall, when presented to said Commit- 
tee, 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 Com- 
mittee. 

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 appropriation from which the same shall 
be paid ; and they shall, on or before the first Monday 
in March annually, and whenever requested by the 
City Council, or either branch thereof, report to the 
city the whole amount of accounts, claims and demands 
allowed. 

Sect. 4. No money shall be paid out of the City 
Treasury, except on orders drawn and signed by the 
Mayor, designating the fund or appropriation from 
which said orders ;ire to be paid. And the Mayor is 



CITY ORDINANCES. 79 

hereby authorized to draw orders on the Treasurer for 
the payment of all accounts, claims and demands al- 
lowed by the Committee of Accounts ; and he shall 
not draw on the Treasury for the payment of any ac- 
count, claim or demand, unless the same 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 appro- 
priated by the City Council for the expenses of that 
department. Provided, however, that in any case 
where it is necessary for money to be paid in advance, 
on contracts made for work begun, 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 Committee on 
Accounts. 

* Sect. 5. It shall be the duty of the Treasurer and 
Collector, to collect and receive all rents which may 
be due to the city, and all accounts and other demands 
against persons indebted to the city, and under the di- 
rection 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 depart- 
ments and officers of the city, to cause to be delivered 
to the City Treasurer for collection, accounts against 
persons indebted 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 



80 CITY ORDINANCES. 

due to the city. Provided, however, that the Superin- 
tendent of the Almshouse, under the direction of the 
Overseers of the Poor, may receive payment for ar- 
ticles 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 Trea- 
surer, and his receipt therefor shall be forthwith deliv- 
ered to the City Clerk, to be laid before the Committee 
on Accounts. 

Sect. 7. The City Treasurer shall proceed without 
delay 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 Treasurer, and the directions of the 
Mayor and Aldermen, in every such case, shall be 
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 
Accounts 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 vouch- 
ers 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 Council the result of 
their examination. 

Sect. 9. The City Treasurer and Collector shall 



CITY ORDINANCES. 81 

give bonds with sufficient sureties, to the satisfaction 
of the Mayor and Aldermen, in the sum of forty thou- 
sand 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 off books, under the direction of the Com- 
mittee on Accounts ; wherein shall be stated, among 
other things, the appropriation for each distinct object 
of expenditure, to the end that wherever the appro- 
priations for the specific objects have been expended, 
he shall immediately communicate the same to the 
City Council, that they may be apprized of the 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 Reg- 
ulating the Use of Chemical Laboratories, and the 
manufacturing of White Lead and Red Lead. 

Be it ordained, &c., as foUoius : 

No person shall hereafter carry on the business, or 
exercise the trade or employment of manufacturing 
acids, or other articles usually manufactured in Chemi- 
cal Laboratories, oi* 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 build- 
11 



82 CITY ORDINANCES. 

iiigs now erected, as have heretofore 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 exercised, 
and any and every person, who shall carry on or exer- 
cise the trade or employment of manufacturing acids, 
or other articles usually manufactured in Chemical 
Laboratories, 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 Aldermen of said City of Eoxbury may 
abate the same. 

[Passed May 21, 1846.] 



[No. 8.] 

An Ordinance establishing a system for Collecting the 
Taxes of the City of Eoxbury. 

Be it ordained, &c., as foUotvs : 

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 No- 
vember, 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 sum- 
mons, with twenty cents for said summons, the Collec- 
tor will then proceed to collect the same according to 



CITY ORDINANCES. 83 

law ; and the Collector shall give notice by attaching 
to all tax bills the above section of this Ordinance. 

Sect. 8. For the convenience of the citizens of 
Wards Six, Seven and Eight, it shall be the duty of 
the Collector 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 recep- 
tion of taxes ; and such days and places shall be desig- 
nated on the tax bills when issued. 

Sect. 4. The Collector shall be provided by the 
City Council with an office in some suitable and con- 
venient 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 estahlishiiiD; the Office of Commissioner 
or Commissioners of Highways, and defining the 
Duties thereof 

[Repealed by Ordinance No. 40.] 



[No. 10.] 

An Ordinance regulating the Eire Department of the 
City of Roxbury. 

[Repealed by Ordinance No. 34. 



84 CITY ORDINANCES. 

[No. 11.] 

An Ordinance establishing a Watch, for preserving the 
Safety and Good Order of the City of Roxbury. 

Be it ordained y &c., as follows : 

Sect. 1. The Mayor and Aldermen be, and they 
hereby are authorized and directed, to appoint twelve* 
sober, discreet, and able-bodied men, of good moral 
character, to be Watchmen in the easterly section of 
the City of Roxbury, 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 dis- 
creet, sober and able-bodied man of good moral char- 
acter. And the said officer and Watchmen shall con- 
tinue in office until removed by the said Mayor and 
Aldermen, or death or resignation ; and they shall 
receive such compensation for their services respect- 
ively, 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 pleasure 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 fortwith appointed by said Mayor 
and Aldermen, to fill such vacancy or vacancies. 

Sect. 2. The officer of the Watch and the Watch- 
men appointed by virtue of this Ordinance, shall have 
the same powers, and shall be held and obliged to per- 
form the same duties, as are required of such officers 
and watchmen by the seventeenth chapter of the Re- 
vised Statutes of the Commonwealth of Massachusetts. 

* No limitation as to mimbev. Ord. No. 31. 



CITYOEDINANCES. 85 

Sect. 3. Every Watchman shall be equipped in 
such manner as the Mayor and Aldermen shall de- 
termine. 

[Passed July 27, 1846.] 



[No. 12.] 

An Ordinance in relation to Burial Grounds and the 
Interment of the Dead, 

Be it ordained^ &c., as folloivs : 

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 be- 
longing to the city, and give titles therefor, on such 
terms and conditions as deemed by them expedient. 

Sect. 2. The Mayor and Aldermen shall immedi- 
ately appoint two or more persons to act as Under- 
takers, who may hold the office until removed. And 
in case of a vacancy, 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 trespassers, and generally to ex- 
ercise all the power and authority vested in the City 
Council in relation to burial grounds. It shall also be 
their duty, as soon as informed of the decease of any 
person within the limits of the city, to be interred in 
their district, to take the personal charge and over- 
sight of all necessary arrangements for the removal 
and burial of the body of the deceased, and for the 



86 CITY ORDINANCES. 

funeral procession ; subject to such general or particu- 
lar directions as they may at any time receive from 
the Mayor and Aldermen. 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, occupa- 
tion, place of death, place of birth, names of the pa- 
rents, and disease or cause of death. 

Sect. 4. In case of absence, sickness, or temporary 
disability of any of the Undertakers, his duties shall be 
performed 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 regulations as the Mayor and Aldermen may pre- 
scribe. The horse to transport said car or hearse shall 
be furnished by the Undertaker. 

Sect. 6.'^ As a compensation for services to be per- 
formed by the Undertaker and such assistants as he 
may emjDloy in digging out, filling the grave, attend- 
ance 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 dol- 
lars for the burial of each person twelve years old and 
upwards ; and a smn not exceeding three dollars for 
every child less than twelve years old, — to be paid by 
the person employing him. 

Sect. 7. Whenever any person shall decease within 

* Chanrrc of. Per Ord. No. 27. 



CITY ORDINANCES. 87 

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 prac- 
ticable. 

Sect. 8. No person, except an Undertaker or one 
appointed by authority in his place, shall bury or re- 
move the body of any deceased person, or undertake 
the management of any funeral ; frovided^ 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 sun- 
rise 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 vio- 
lation 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.] 



88 CITY ORDINANCES. 

[No. 13.] 

An Ordinance to prevent Unlawful and Injurious 
Practices in the Streets and other public places of 
the City. 

Be it ordained, dc, as foUoivs : 

Sect. 1. No person, except the Surveyors of High- 
ways 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 license from the 
Mayor and Aldermen, or some person authorized by 
them to grant such license, and complying in all re- 
spects 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. WheneA^er 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 ren- 
dered thereby unsafe or inconvenient for travellers, 
the person so licensed, shall put, and at all times keep 
U23 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 



CITY ORDINANCES. 89 

same shall be or remain unsafe or inconvenient as afore- 
said ; and shall also keep one or more lighted lanterns 
fixed to such fence, or in some other proper manner, 
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 reason- 
able 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,* 
without permission in writing from the Mayor and Al- 
dermen. No person shall suffer the platform or grate 
of the entrance or passage-way to his cellar or base- 
ment, heretofore constructed, or which may hereafter 
be constructed, in any street, lane, alley or sidewalk, 
to rise above the even surface 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 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 
be dug or sunk, any well, cellar, cistern, drain or other 

* Concerning Gates. Orel. No. 23. 
12 



90 CITYORDINANCES. 

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 pur- 
pose, 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 in- 
jured 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 hav- 
ing been requested by any person having occasion to 
use such street or wa}^, or after having been ordered 
by the Mayor, or by any other person by him au- 
thorized, or by the City Marshal, to remove such ob- 
struction. 

Sect. 7. No person shall wheel, drive, draw, or pass 
with any hand-cart, Avheel-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 side- 
walk, 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 hereafter 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 abutters on 
each side of such street, shall be deemed and taken to 



CITY ORDINANCES. 91 

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 des- 
cription, 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 injur}^ any person stand- 
ing, walking or riding in 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, carrion, shreds, shavings, filth, suds, oyster, 
clam, or lobster shells, dung, offal, stones, brick, masons' 
or brickla3''ers' rubbish, or any other kind of rubbish, 
except in such place and in such manner, as the Mayor 
and Aldermen shall prescribe. 

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 travel- 



92 CITY ORDINANCES. 

lers and j)assengers, 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 hindrance or obstruction of any foot pas- 
senger. 

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 Ordi- 
nance. 

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 uip 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 being in any street, lane, alley or house, or 
upon any railroad 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 erec- 
tion, in any street, lane, alley, or public place, or on 



CITY ORDINANCES. 93 

any sidewalk in the city, for the sale of fruit or other 
thing, without permission from the Mayor and Alder- 
men. 

Sect. 16. No person shall, except in the perform- 
ance 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 



94 CITY ORDINANCES. 

other coin, or fly any kite or balloon, or throw any 
stones, clubs, snow-balls or other 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 pas- 
sengers. 

No person shall suffer a cellar door, or passage from 
the sidewalk into any cellar, to be kept open when not 
in immediate use, after the beginning of twilight, ex- 
cept 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 per- 
mission 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 Mayor and Aldermen ; and 
the Mayor and Aldermen are hereby expressly author- 
ized 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- 



CITY ORDINANCES. 95 

fered to go at large, or to go to water in the city, with- 
out 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 erect- 
ed, 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 
substance, with gunpowder, at any place within fifty 
rods of any public place or highway in the city, with- 
out license of the Mayor and Aldermen, in writing, 
specifying the terms and conditions on which said li- 
cense is granted : provided, 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 Highways in the dis- 
charge 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 



96 CITY ORDINANCES. 

and commenced within six months from the time of 
committino; 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 rela- 
tive to Nuisances, Sources of Filth, and Causes of 
Sickness within the City of Roxbury.* 

Be it ordained, &c., as folloivs : 

Sect. 1. That the department of internal and ex- 
ternal Police, so far as it regards the preservation of 
the health of the city, be placed under the superin- 
tendence 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 Coun- 
cil, 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; subject al- 
ways to the direction, authority and control of the 
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 Commonwealth ; and to this depart- 
ment shall belong the care of the streets, the care of 
the common sewers, and the care of the vaults, and 

* Burial Grounds, &c. Ord. No. 26. 



CITY ORDINANCES. 97 

whatever else affects the health, security and comfort 
of the city, from causes or means arising or existing 
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 Ma^^or or either 
Board of the City Council, all such professional advice 
and information as they may request, with a view to 
the prevention of the said diseases, and at all conven- 
ient times, to aid and assist them with their counsel 
and advice in all matters that relate to the preserva- 
tion 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, infec- 
tious 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 select- 
men of towns are invested, in such cases, by the laws 
of this Commonwealth ; 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 Aldermen, 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 tene- 
ment, which vault and drain shall bo in common and 
subject to the use of all said inhabitants. 

13 



98 CITY ORDINANCES. 

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. 

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 
Roxbury, if any newspa]3er be printed therein, if not, 
in two newspapers printed in Boston, requiring 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 writing to be served 
upon the owners or occupants thereof, and if there 



CITY ORDINANCES. 99 

should be no occupants, and the owners should not re- 
side in the city, then to give public notice by adver- 
tising 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, di- 
recting 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 other- 
wise, as they shall deem expedient ; 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 vegetable matter or substance 
whatever. Nor shall any person or persons throw or 
cast any dead animal, or any foul or offensive ballast, 
into any dock, or any other of the waters 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 
section 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 l3een thrown or car- 



100 CITY ORDINANCES. 

riecl, as the occupant thereof, and the person who act- 
ually threw and carried the same, shall severally be 
held liable for such violation of this Ordinance ; and 
all such substances shall be removed from the street, 
lane, alley, court, square, jDublic 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 Alder- 
men or City Marshal. 

Sect. 10. All dirt, saAV-dust, soot, ashes, cinders, 
shavings, hair, shreds, manure, oyster, lobster or clam 
shells, waste water or any animal or vegetable sub- 
stance, 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 ne- 
cessary 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 removed 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 provis- 
ions ; or any meat which has been blown, raised or 
stuffed, or any diseased 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 



CITY ORDINANCES. 101 

health or comfort of the citizens in the neighborhood 
thereof, residing or passing, — and shall have power to 
remove, or cause to be removed any swine or goat 
from any place where the keeping 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 prohibited to be kept, or from whence he is re- 
quired to remove the same, six hours after having 
received notice from the Mayor and Aldermen in wri- 
ting, to remove the same, or that such animals are pro- 
hibited 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 per- 
form, in obedience to the laws of the Commonwealth, 
or the rules, orders, regulations, by-laws or ordinances 
for the preservation of the health of the city, which are 
now, or which hereafter shall be made, by lawful au- 
thority, 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 no- 
tices from time to time to such delinquents, until the 
duty shall be executed, and the nuisance remedied or 
removed. And the Mayor shall cause all persons who 
shall violate or disobey the said health laws and reg- 
ulations, to be forthwith prosecuted and punished. 
And in case, in the oj^inion of the Mayor and Alder- 
men, it shall be for the health or comfort of the inhab- 



102 CITY ORDINANCES. 

itants that any particular nuisance shall be forthwith 
removed, and without delay, it shall be their duty to 
cause the same to be removed accordingly, at the ex- 
pense of the owner or owners of the land upon which 
the said nuisance exists. 

Sect. 14. The City Marshal, or any person author- 
ized 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, removing or jDreventing any nuisance, 
source of filth or cause of sickness therein ; or in any 
cellar belonging thereto. And if any person shall re- 
fuse to admit such officer, or other person so author- 
ized, 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 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 sun- 
rise 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 
provisions of this Ordinance, to which a particular 
penalty is not annexed, shall forfeit and pay for each 



CITY ORDINANCES. 103 

and every offence a sum not less than three nor more 
than twenty dollars. 

Sect. 1G. 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 promul- 
gated. 

Be it ordained, &c., as folloius : 

All the Ordinances of the City Council shall be pub- 
lished and promulgated by causing the same to be in- 
serted 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.] 



[No. 16.] 

An Ordinance restraining the going at large of Dogs 
w^ithin the City of Roxbury. 

Be it ordained, &c., as folloivs : 

Sect. 1. From and after the tenth day of August, 
one thousand eight hundred and forty-six, no dog shall 



104 CITY ORDINANCES. 

be permitted 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 harbored, 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 col- 
lar to be constantly worn by such dog, having the 
name of the owner thereof with the word " Eoxbury" 
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 
payment 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 afore- 
said, 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 Treasu- 
rer the like sum of one dollar, and complying with the 
other requirements in the first section of this Ordi- 
nance. 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 person or persons whomsoever, the 



CITY ORDI NANCES. 105 

City Marshal, on such complaint, 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 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 exceeding 
fifty cents, for every day which shall elapse until such 
dog shall be removed or destroyed as aforesaid : jij>ro- 
vided, 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 ordered 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 
extend to any dog not owned or kept in this city, ex- 
cepting, however, it shall be the duty of the City Mar- 
shal, at all times, hereafter, to cause every dog to be 
destroyed, wheresoever 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, ac- 
cording to the provisions of the Revised Statutes of 
this Commonwealth, chapter fifty-eight. 

14 



106 CITY ORDINANCES. 

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, &c., as foUotvs : 

The City Clerk shall keep a book in which the names 
of all the streets and highways, which now are or may 
hereafter be accepted or laid out in the city, shall be 
alphabetically arranged, with the date of such laying 
out or acceptance, and the width thereof, and all alter- 
ations therein from time to time. 

[Passed September 14, 1846.] 



[No. 18.] 

An Ordinance to establish the City Seal. 
Be it ordained, &c., as foUoivs : 

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, seat- 
ed, resting her left arm upon a shield, on which are 
inscribed the Arms of the State ; holding in her ex- 
tended right hand a Mural Crown, as in the act of pre- 
senting 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 me- 



CITY ORDINANCES 



lOT 



tropolis ; above, on a scroll, the word ROXBURY ; be- 
neath, CONDITA, A. D. 1630. In the lower semi-circle 
of the border, CIVITATIS REGIMINE DONATA, 
A. D. 1846 ; and in the upper, the motto, SAXETUM 
DEXTRIS DEOQUE CONFIDENS. 




[Passed October 26, 1846.] 



[No. 19.] 

An Ordinance relative to the Enacting style of the 
City Ordinances. 

Be it ordained, (&c., as foUotvs : 

Sect. 1. All by-laws passed by the City Council, 
shall be termed " Ordinances," and the enacting style 
shall be, " Be it ordained hjj the City Council of the City 
of Roxhiry, as follotvs : — " 

Sect. 2. The enacting clause of the following City 
Ordinances, viz. : 

An Ordinance establishing a system of accountability 
in the expenditures of the City — passed May 18, 1846: 

An Ordinance authorizing the appointment and es- 
tablishing the duties of a City Marshal — passed May 
18, 1846^: 



108 CITY OKDINANCES. 

An Ordinance concerning the form of Warrant, and 
the service and return thereof — passed May 18, 1846 : 

An Ordinance establishing the office of City Messen- 
ger — 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 
thereof — 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 
interment of the dead — passed August 6, 1846 : 

An Ordinance prescribing rules and regulations rela- 
tive to nuisances, sources of filth and causes of sickness 
within the City of Roxbury — passed August 6, 1846 : 

An Ordinance directino; the manner in which the 
Ordinances 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 farther ordained that," wher- 
ever the same occurs in said ordinances, shall be strick- 
en out. 



CITY ORDINANCES. 109 

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, &c., as foUotvs : 

Sect. 1. The Mayor of the City is hereby authorized 
and empowered to affix the City Seal unto, and to ex- 
ecute and deliver in behalf of the City, all deeds and 
leases of lands and buildings sold or leased by the City, 
and all discharges, releases, assignments, agreements or 
other legal instruments, made and entered into by or- 
der of the City Council. 

Sect. 2. The fifth section of the Ordinance estab- 
lishing 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. J 



110 CITY ORDINANCES. 

[No. 22.] 

An Ordinance relating to the Expenditures for Schools. 

Be it ordained, &c., as foUotvs : 

Sect. 1. The appropriations made by the City Coun- 
cil 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 apparatus, furnished for the schools by the 
School Committee, when certified by the Chairman or 
Secretary of said Committee, shall be audited by the 
Committee on Accounts and be paid from the City 
Treasury. 

Sect. 2. Whenever any new school house or the 
enlargement 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 aj)propriation therefor; and said Committee 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 in- 
stance. 

Sect. 3. The Committee on Public Property shall 
cause all necessary repairs to be made in and upon the 



CITY ORDINANCES. Ill 

several school houses and the grounds attached thereto, 
belonging to the city, and provide all necessary articles 
for the comfort and convenience of the schools (with 
the exception of fuel) that may be deemed necessar}^, 
provided the School Committee may make any neces- 
sary repairs and provide all articles that they may 
deem necessary for the comfort and convenience of the 
schools, whenever such repairs or supplies shall not 
exceed the sum of fifty dollars in any one instance. 

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

[PassedJuly 26, 1847.] 



[No. 23.] 

An Ordinance in addition to "An Ordinance to prevent 
unlawful and injurious practices in the Streets and 
other public places of the City." 

Be it ordained, &c., as foUotos : 

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 ojDening the 
same, it shall swing over such street, lane, alley or 
sidewalk. 

Sect. 2. Any person who shall offend against the 
provisions of this Ordinance, shall be liable to the for- 
feitures and may be prosecuted and tried in the man- 
ner prescribed in the Ordinance to which this is an 
addition. 

[Passed March 20, 1848.] 



112 CITY ORDINANCES. 

[No. 24.] 

An Ordinance establishing the Name of the Rural 

Cemetery. 

Be it ordained, &c., as foUotvs : 

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, &c., as foUoius : 

The Mayor and Aldermen shall have power to cause 
numbers of regular series to be affixed to all dwelling 
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 deter- 
mine 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 expense to the city. 

[Passed October 10, 1848.] 



CITY ORDINANCES. 113 

[No. 26.] 

An Ordinance in addition to "An Ordinance prescribing 
Eules and Regulations relative to nuisances, sources 
of filth and causes of sickness within the City of 
Roxbury." 

Be it ordained, &e., as foUotvs : 

Sect. 1. No burial ground or cemetery shall here- 
after 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 Ordi- 
nance, unless permission shall have been previously 
given by the City Council. 

Sect. 2. The top of each and every cofiin 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 
provisions of this Ordinance, shall forfeit for each and 
every offence a sum not less than five or more than 
twenty dollars, and shall also be liable to prosecution 
for the penalty for such ofiences established by the 
twenty-first chapter of the Revised Statutes. 

Sect. 4. All Ordinances, or parts thereof, inconsist- 
ent with this Ordinance, are hereby repealed. 

Sect. 5. This Ordinance shall take effect from and 
after its passage. 

[Passed December 11, 1848.] 



1.5 



114 CITY ORDINANCES. 

[No. 27.] 

An Ordinance in addition to "An Ordinance in re- 
lation to Burial Grounds and the Interment of the 
Dead." 

Be it ordained, &c., as follows : 

Sect. 1. Fees not exceeding the following, shall be 
collected 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 cover- 
ing the same, for a person over ten years of age, one 
dollar, and for a child not over ten years of age, sixty- 
tJiree cents ; for opening and closing a tomb for the re- 
ception of a corpse, ffti/ 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, fonr 
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, tivo dollars and tiventy-flve cents ; for attending 
funerals of deceased persons brought from other places 
into this city for interment, if in a grave, ttvo dollars, 
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 inconsistent herewith, is hereby repealed. 

Sect. 3. This Ordinance shall take effect from and 
after its passage. 

[Passed January 8, 1849.] 



CITY ORDINANCES. • 115 

[No. 28.] 

An Ordinance in addition to " An Ordinance to pre- 
vent unlawful and injurious practices in the Streets 
and other Public Places in the City." 

Be it ordained, &c., as follows : 

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 
Mayor 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 Jan- 
uary, eighteen hundred and forty-nine. 

[Passed January 8, 1849. J 



[No. 29.] 

An Ordinance prescribing the form of Deeds to be 
executed for the conveyance of Lots in Forest Hills 
Cemetery, 

"Whereas, the Commissioners of the Forest Hills 
Cemetery 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, &c., as folloivs : 

Sect. 1. The form of the deeds to be executed for 
the conveyance of lots in Forest Hills Cemetery, by 



116 . CITY ORDINANCES. 

the Commissioners of said Cemetery, shall be as fol- 
lows, viz. : 

Know all Men by these Presents, That the City of 
Roxbury, in the County of Norfolk, and Commonwealth 

of Massachusetts, in consideration of dollars, paid 

to it by , the receipt whereof is hereby ac- 
knowledged, doth hereby grant, bargain, sell and con- 
vey to the said , heirs and assigns. One Lot 

of Land in the Rural Cemetery in said Roxbury, called 
the Forest Hills Cemetery, 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 numbered on the 

plan of said Cemetery, which is in the possession of the 
Board of Commissioners having the care, superintend- 
ence and management thereof, and may be inspected 
by the said grantee, his heirs and assigns, at all reason- 
able 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 exceeding one foot in thickness, which may 
be placed on the adjoining land of the said city, exte- 
rior 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 destroyed, without the consent of the said Com- 
missioners. 

Third. That the proprietors of said lot shall have the 



CITY OKDINANCES. 117 

right to erect monuments, cenotaphs or stones, com- 
memorative 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 
days after notice to erect such landmarks and to mark 
the number, the Commissioners 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 
become 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. 

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 deter- 
mined by a majority of the said Commissioners for the 
time being, to be offensive or improper, the said Com- 
missioners, or a majority of them, shall have the right 
and it shall be their duty to enter upon said lot and 
remove said offensive or improper 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 Com- 
missioners, or a committee of them. 

Eighth. No tomb shall be constructed or allowed 
within the bounds of the Cemetery, unless by special 



118 CITY ORDINANCES. 

permission of the said Board of Commissioners, and in 
such places and in such manner as the Commissioners 
shall direct. And no proprietor shall suiBfer the re- 
mains 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 de- 
visee or heir at law, the said Board of Commissioners 
shall designate which of said devisees or lieirs 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 designa- 
tion said Commissioners shall, as far as they conven- 
iently 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 incumbrances, that the said city hath 
good right to sell and convey the same to the said 
, in the manner and for the purposes afore- 



CITY ORDINANCES. 119 

said, 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 

Chairman of the said Board of Commissioners, to be 

countersigned by , their Secretary, and 

, the Treasurer of the said city, and to be 

sealed with its common seal, this day of , 

in the year of our Lord, eighteen hundred and . 

Signed, sealed and delivered in presence of 



Chairman. 



Countersigned, , Secretarij. 

, City Treasurer. 

City of Roxbury. City Clerk's Ofiice, 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. . 

, Ciiy Cleric. 



Sect. 2. All deeds executed in conformity to the 
preceding section, shall be signed by the Chairman of 
the Board of Commissioners of Forest Hills Cemetery, 
and countersigned 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.] 



120 CITY ORDINANCES. 

[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 estab- 
lish a Watch for preserving the safety and good 
order of the City of Roxbury." 

Be it ordained, &c., as foUoivs : 

Sect. 1. That the Mayor and Aldermen be and they 
are hereby authorized and directed to appoint such a 
number 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 Aldermen 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 re- 
pealed. 

Sect. 3. This Ordinance shall take effect from and 
after its passage. 

[Passed May 7, 1849.] 



CITY ORDINANCES. 121 

[No. 32.] 

An Ordinance in addition to an addition to " An Ordi- 
nance prescribing Rules and Regulations relative to 
nuisances, sources of filth and causes of sickness 
within the City of Roxbury." 

Be it ordained, &c., as foUoivs : 

Sect. 1. The top of the uppermost of each and 
every coffin deposited in the ground in any burial 
place within the City of Roxbury, shall be at least 
four feet below the usual surface thereof 

Sect. 2. Any person offending against any of the 
provisions 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 penalty for such offences, established by the 
twenty-first chapter of the Revised Statutes. 

Sect. 3. All Ordinances, or parts thereof, inconsist- 
ent 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.] 



16 



122 CITY ORDINANCES. 

[No. 34.] 

An Ordinance regulating the Fire Department of the 
City of Roxbiuy. 

Be it ordained, &c., as folloivs : 

Sect. 1. The Fire Department of the City of Eox- 
bury shall consist of a Chief Engineer, four Assistant 
Engineers, and of as many Enginemen, Hosemen and 
Hook and Laddermen, to be divided into companies, as 
the number of Engines, and the number and quantity 
of other fire apparatus 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 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 
written or printed certificate or warrrant, in the words 
following, namely : 

This certifies, that has been appoint- 

ed 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. 

, Cltjj Cleric. 

Sect. 3. The Engineers, immediately on their elec- 
tion, shall organize themselves into a Board, by choos- 



CITY ORDINANCES. 123 

ing a Secretary 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 Ac- 
counts. 

Sect. 4. The Engineers shall have the superintend- 
ence and control of all the ens-ine 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 Depart- 
ment, 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 ap- 
proval of the Mayor and Aldermen. 

The Assistant Engineers shall report their absence 
from fires to the Chief Engineer, with the reasons there- 
for, who shall cause a record to be made of the same, 
and once in each year, prior to the election of Engi- 
neers, shall make a report thereof to the City Council. 

Sect. 5. It shall be the duty of said Engineers, 
whenever a fire shall break out in the city, immediately 
to repair to the place of such fire, and to carry with 
them a suitable staff, or badge, of their oftice ; to take 



124 CITY ORDINANCES. 

proper measures that the several Engines, and other 
apparatus, be arranged in the most advantageous situ- 
ations, and duly worked for the effectual extinguish- 
ment of the fire ; to require and compel assistance 
from all persons, as well members 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 disorders. 

It shall also be their duty to cause order to be pre- 
served 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 any 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 
command at fires, over all the other Engineers, all 
members of the Fire Department, and all other per- 
sons who may be present at fires ; and shall direct all 
proper measures for the extinguishment of fires, pro- 
tection of property, preservation of order, and observ- 
ance of laws, ordinances, and regulations respecting 
fires. And it shall be the duty of the said Chief Engi- 
neer 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 



CITY ORDINANCES. 125 

whenever directed so to do by the Mayor and Alder- 
men, or by the Committee on the Fire Department, 
and annually to report the same to the City Council, 
and oftener, if requested. Also, to cause a full descrip- 
tion of the same, together with the names, age and re- 
sidence 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 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 respective companies, as here- 
inafter prescribed, and all other communications re- 
lating to the affairs of the Fire Department ; to keep or 
to cause to be kept fair and exact rolls of the respect- 
ive 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 number and description of the building des- 
troyed or injured, together with the names of the own- 
ers 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 en- 
gines or houses, and also appropriations for reservoirs, 
shall be expended by or under direction of the Com- 
mittee on the Fire Department of the City Council. 



126 CITY ORDINANCES. 

Sect. 7. In the absence of the Chief Engmeer, the 
Engineer next in rank who may be present, shall exe- 
cute the duties of his office with full powers. 

Sect. 8. No person under the age of twenty-one 
years shall be employed as a member of the Fire De- 
partment, nor shall any person be so employed who is 
not a citizen of the United States. And the names of 
all persons admitted into the several companies, or dis- 
charged therefrom, shall within ten days after such ad- 
mission 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 con- 
tinue for periods of six months each ; and no member 
shall be entitled to any pay, unless he has served three 
months in the company in which he enters. And the 
Clerks of the several companies shall, on or before the 
first day of August, November, February or May, re- 
turn to the Chief Engineer a separate certificate of the 
service of each member of their respective companies. 

Sect. 10. Each of the Engine, Plose 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 meeting specially held for that purpose, in the month 
of May annually, of which meeting and purjDOse the 
members shall be notified by the Clerk, at least three 
days previous thereto, 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 com- 
manding officer, the acting Chief Engineer shall issue 



CITY ORDINANCES. 127 

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 
company 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 Alder- 
men for the respective offices to which they shall have 
been elected, they shall receive a certificate of appoint- 
ment, in the form as follows : 

This certifies, that is appointed of 

Company No. of the Fire Department of 

the City of Koxbury, and is entitled to all the inimQ- 
nities belonging to said office. 

Given under my hand, this day of A. D. 18 — . 

, Ma?/ or. 

• , Citi/ Clerk. 

and shall be invested with all the authority, and sub- 
ject to all the duty required by the laws, the City 



128 CITY ORDINANCES. 

Ordinances and rules and reo;ulations of the Fire De- 
partment. And in case the persons are not approved 
by the Mayor and Aldermen, 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 approve, 
the Mayor and Aldermen shall appoint some suitable 
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* 
the officers or members of the said companies. 

Sect. 13. Whenever any person shall have received 
his certificate of appointment to any office, as afore- 
said, 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 Engi- 
neer shall cause a meeting to be held, as before pro- 
vided, to fill the vacancy. 

Sect. 14. It shall be the duty of the Foreman to 
see that the several Engines, or other apparatus en- 
trusted to their care, and the several buildings in which 
the same may be deposited, and all things in or be- 
longing to the same, are kept neat, clean, and in order 
for immediate use ; it shall also be their duty to pre- 
serve order and discipline at all times in their re- 
spective companies, and require and enforce a strict 
compliance with the City Ordinances, the rules and 
regulations of the Dejiartment and the orders of the 

'* Board of Engineers may suspend in certain cases. Ord. No. 51. 



CITY ORDINATS'CES. 129 

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 dis- 
charge 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 Fire Department. They shall also make or 
cause to be made, to the Chief Engineer, true and ac- 
curate returns of all the members and the apparatus 
entrusted to their care, whenever called upon so to do. 

Sect. 15. It shall be the duty of the officers and 
members of the several Engine, Hose and Hook and 
Ladder Companies, whenever a fire shall break out in 
the city, to repair forthwith to their respective En- 
gines, 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 or- 
derly 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 per- 
mission 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 ab- 
sence of all the Engineers, such direction and permis- 
sion may be given by their respective Foremen. 

Sect. 16. The Board of Engineers, upon the nomi- 
nation of the company, from among the members, may 

17 



130 CITY ORDINANCES. 

appoint two or more Suction Hose men^ and three or 
more Leading Hose men, for each Engine company, 
and the men thus appointed shall hold their places for 
one year, unless sooner removed by the Board of En- 
gineers, and until others are appointed in their places. 

Sect. 17. The Engineers shall in like manner ap- 
point 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 appoint- 
ed 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 im- 
mediate use. 

Sect. 18. The Engineers and members of the sev- 
eral companies regularly appointed, shall wear such 
caps, badges 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.* 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 appara- 
tus, 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. 

Sect. 20. No company shall draw water from the 
Reservoirs or Hydrants, except in case of fire, unless 
by special permission of the Chief Engineer. 

* Repealed by Ord. No. 47, and a different regulation made. 



CITY ORDINANCES. 131 

Sect. 21. No Engine, Hose or Hook and Ladder 
carriage, shall be taken to a fire out of the city, without 
permission of an Engineer ; nor shall any of the appa 
ratus 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 Ab- 
sentees from School. 

[Repealed by Ordinance No. 38. | 



[No. 36.] 

An Ordinance in addition to " An Ordinance prescrib- 
ing Rules and Regulations relative to nuisances, 
sources of filth, and causes of sickness within the 
City of Roxbury." 

Be it ordained, &c., asfoUoivs : 

Sect. 1. The Mayor and Aldermen shall constitute 
the Board of Health of the City,* for all purposes, and 
shall exercise all the powers vested in, and shall per- 
form 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. 

* But sec 2d sec. of Act of May 2, 1849, page 41. 



132 CITY ORDINANCES. 

Sect. 2. Whenever, upon due examination, it shall 
appear to the Mayor and Aldermen, that the number 
of persons 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 buildings are not furnished with sufficient drains, 
and suitable privies and vaults, according to the pro- 
visions of Ordinance No. 14, they may thereupon issue 
notice, in writing, to such persons, or any of them, 
requiring them to remove from and quit such tene- 
ment or other building within such time as the Mayor 
and Aldermen shall deem reasonable. And if the per- 
son 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 em- 
powered 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 Common- 
wealth, 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. 

[PassedJuly 7, 1851.] 



CITY ORDINANCES. 133 

[No. 37.] 

An Ordinance establishing the Office of City Crier. 

Be it ordained, &c., as follows : 

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 mer- 
chandise, lost or found, stolen goods, strays or public 
sales, in any of 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 Alder- 
men, whenever they shall demand the same ; and no 
Common Crier shall publish or cry any abusive, li- 
bellous, profane or obscene matter or thing what- 
soever. 

Sect. 4. Any person who shall be guilty of a viola- 
tion of this Ordinance, or any part thereof, shall forfeit 
and pay for each offence a sum not less than one dol- 
lar, nor more than twenty dollars. 

[Passed June 28, 1852.] 



134 CITY OKDINANCES. 

[No. 38.] 

An Ordinance in relation to Truant Children and 
Absentees from School. 

Be it ordained^ dc, as follotvs : 

Sect. 1. The City of Roxbury hereby adopts the 
two hundred and ninety-fourth chapter of the laws of 
this Commonwealth, 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 provisions of said acts. 

Sect. 2. Any minor between the ages of six and 
fifteen years, who has not attended school, in conform- 
ity to the laws of this Commonwealth, all habitual tru- 
ants and absentees from school, all children that are 
about the streets begging and collecting swill, or tres- 
passing upon lands, gardens or orchards, upon convic- 
tion of any offence herein described, shall be punished 
by fine not exceeding twenty dollars ; or instead 
thereof, by being committed to the almshouse estab- 
lishment, 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 
year. Provided, however, that any minor convicted of 
either of the offences herein mentioned, may be dis- 
charged 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 Rox- 
bury, shall have jurisdiction of the offences herein set 
forth, and the almshouse establishment is hereby as- 



CITY ORDINANCES. 135 

signed and provided as the institution of instruction, 
house of reformation, 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, ajopoint three or more 
persons to make the complaints in every case of vio- 
lation 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 Or- 
dinance which has been heretofore repealed shall be 
revived by the repeal herein contained. 

[Passed Jnly 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, &c., as foUoivs : 

Sect. 1. All house offal, wdiether consisting of ani- 
mal or vegetable substances, shall be deposited in con- 
venient 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 done not less than twice in each week. 



ISff CITY ORDINANCES. 

Sect. 2. No vault or privy shall be emptied except 
imcler the direction of the joerson appointed by the 
Mayor and Aldermen, and conformable to such regula- 
tions as the Mayor and Aldermen shall make on the 
subject, and always at the expense of the owner, agent, 
occupant or other person having charge of the tene- 
ment in which such vault is situated. 

Sect. 3. No person, except such as shall have been 
appointed by the Mayor and Aldermen for that pur- 
pose, 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 offal 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 re- 
moval of offal and night soil. And the person so ap- 
pointed 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 pa}^ 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 opening and cleansing vaults, and the same shall 
receive attention in the order in which they are made. 
The Mayor and Aldermen shall from time to time de- 
termine the sum to be paid by persons who shall make 
such applications. 

Sect. 6. This Ordinance shall not apply to any per- 



CITY ORDINANCES. 1S7 

sons who may use their house offal or night soil on 
their own premises. 

Sect. 7. Any persons offending against any of the 
provisions 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 pas- 
sage. 

[Passed June 27, 1853.] 



[No. 40.] 

An Ordinance Establishing the Office of Commissioner 
of Streets, and defining the Duties thereof 

Be it ordained, &c., as foUoivs : 

Sect. 1. Forthwith and hereafter, in the month of 
January annually, there shall be appointed by the 
Mayor and Aldermen a Commissioner of Streets, who 
shall continue in office until removed, or until a suc- 
cessor be appointed. He shall receive such compensa- 
tion for his services as the Mayor and Aldermen shall 
establish, and shall be removable 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, sufficient and suitable repair, and 
when so ordered, to make all contracts for the supply 

18 



138 CITY ORDINANCES. 

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 per- 
son 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 Coun- 
cil, 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, vehicles, tools, imjolements and other property of 
the city belonging 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 
account of the receipts and expenditures in his depart- 
ment, with the names of all persons who have furnished 
materials, and of all workmen, and the amount due to 
each individual, and shall lay the same before the 
Mayor and Aldermen for their examination and allow- 
ance, 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 Janu- 
ary, 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 spe- 
cifying as near as may be the amounts expended upon 
different streets for sidewalks, number of feet of edge- 



CITY ORDINANCES. 139 

stones laidj 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 
establishing the office of Commissioner or Commis- 
sioners 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, 158^r| ' ' 1 1.^ * 

llOViRMI^^T DOOIMBIIS 



[No. 41 ] B0STO« VimC UBRARY 

An Ordinance in relation to the AccepLfcLlKie of Streets 
in the City of Roxbury. 

Be it ordained, &c., as folloivs : 

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 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 
Council, until the grade of such street shall have been 



140 CITY ORDINANCES. 

first made, at the expense of the abutters, to corres- 
pond with the plan of the surveyor. 

Sect. 4. This ordinance shall take effect immedi- 
ately 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, (&c., asfoilotvs : 

Sect. 1. The Ordinance authorizing the appoint- 
ment 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 Of&ce of City Solicitor. 
Be it ordained, &c., as folloivs : 

Sect. 1. That annually in the month of February, 
and whenever a vacancy in the ofl&ce may occur, there 
shall be chosen, by a concurrent vote of both branches 
of the City Council, a Solicitor for the City of Rox- 
bury, who shall be a resident citizen thereof, and who 
shall have been admitted an attorney and counsellor 
of the Courts of the Commonwealth, and who shall be 
removable at the pleasure of the City Council. 

* Ord. No. 45 provides for appointment of City Marshal. 



CITY ORDINANCES. 141 

Sect. 2. That it shall be the duty of said Solicitor 
to 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 ca- 
pacity, and which by law, usage or agreement, the city 
is to be at the expense of drawing. 

Sect. 3. That it shall be the duty of the City Soli- 
citor to commence and prosecute all actions and suits 
to be commenced, and to prosecute all actions already 
commenced by the city before any tribunal in this 
Commonwealth, and also to appear in, defend and ad- 
vocate the rights and interests of the city, or any of 
the ofi&cers 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 
Commonwealth, 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 matters, 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, 



142 CITY ORDINANCES. 

with his legal opinion on any subject relating to the 
duties of their respective offices. And his opinion 
shall be given in writing whenever required. 

Sect. 4. That in full compensation for all the ser- 
vices of said Solicitor, he shall receive the sum of five 
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 entitled 
to receive and retain for his own use, the legal taxable 
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. 

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 February 5, 1855.] 



[No. 44.] 

An Ordinance relating to Expenditures for Lamps. 
Be it ordained, (&c., as folloivs : 

Sect. 1. The appropriations made by the City 
Council for Lamps, shall be expended under the direc- 
tion 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, 



CITY ORDINANCES. 143 

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 re- 
quire, (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 con- 
dition of the City Lamps ; the manner the appropria- 
tions under their direction have been expended, and 
make such suggestions in reference to future appro- 
priations 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 February 12, 1855.] 



[No. 45.] 

An Ordinance authorizing the Appointment and pre- 
scribing the Duties of City Marshal. 

JBe it ordained, &c., as folloivs : 

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 



144 CITY ORDINANCES. 

office until the next annual election, unless removed 
as hereinafter provided. 

Sect. 2. Said Marshal shall have precedence and 
command over his Assistants, and the other Constables, 
whenever engaged in the same service, or when di- 
rected thereto by the Mayor and Aldermen, and before 
entering upon the duties of his office, shall be sworn to 
the faithful performance of its duties by the Mayor, 
and shall also give bonds to the Treasurer of the City 
of Roxbury in the sum oifive hundred dollars, with suffi- 
cient sureties, to be approved by the Mayor and Alder- 
men, for the faithful performance of the duties of said 
office. 

Sect. 3. It shall be the duty of the City Marshal, 
from time to time, to pass through the streets, lanes, 
alleys and courts of the city, to observe all nuisances, 
obstructions and impediments therein, to the end that 
the same be removed or prosecuted, according to law ; 
to notice all offences aaiainst the laws and acrainst the 
ordinances of the city, taking the names of the offend- 
ers, to the end that the same may be prosecuted. It 
shall also be his duty to receive all complaints of the 
inhabitants, made for any breach of the laws or ordi- 
nances 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 
successors, and exert himself to the utmost of his pow% 
ers to keep good order, to remove all suspected jjersons 
from the vicinity of the fire, and to protect the pro- 
perty of the citizens from loss or damage. He shall 
also, whenever requested by the Chief Engineer, visit 



CITY ORDINANCES. 145 

and direct his Assistants to visit, at all hours of the 
day or night, each and all of the engine houses for the 
purpose of aiding in the enforcement of the city ordi- 
nances. It shall also be his duty, and that of his As- 
sistants, to act as Truant Officers in the enforcement 
of the ordinance in regard to truants and absentees 
from school. It shall be his duty to execute all orders 
and commands of the Mayor and of the Board of Al- 
dermen, 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 pros- 
ecute all offenders 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 be- 
half of the city, or in which the city is any way con- 
cerned, within one week after their final determination 
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 de- 
tected. 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 witnesses, or for service of criminal 
processes, or for services in behalf of the city ; and 
further to perform all such other and additional duties, 
and to comply with all such regulations as may at any 
time be prescribed to him by the Mayor and Aldermen. 
Sect. 4. The Mayor and Aldermen may, at any 

19 



146 CITY ORDINANCES. 

time, by vote, remove from office the said City Mar- 
shal 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 Al- 
dermen, 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 re- 
ceive in full for all their services, respectively, such 
compensation (per diem) as the City Council may from 
time to time determine ; together with all necessary 
charges for travel, offices, warming and lighting the 
same, and for all necessary implements for carrying 
out the purposes of a Police organization. 

Sect. 7. This Ordinance shall take effect and go 
into operation from and after its passage. 

[Passed February 26, 1855.] 
[No. 46.] 

An Ordinance amendatory of " An Ordinance in rela- 
tion to the acceptance of Streets in the City of 
Roxbury." 

[Repealed by Ordinance No. 49.] 



[No. 47.] 

An Ordinance amendatory of " An Ordinance regula- 
ting the Fire Department of the City of Roxbury. 

Be it ordained, (&c., as folloivs : 

Sect. 1. That Section 19 of the Ordinance afore- 
said, be and hereby is repealed. 



CITY ORDINANCES. 147 

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 re- 
turning the same to the house, and taking the neces- 
sary care of said apparatus after its return. And any 
member violating this regulation herein made, shall be 
liable to be discharged from the Department by the 
Mayor and Aldermen. This regulation shall not apply 
to the Officers and Stewards of the several companies. 

Sect. 3. No person not connected with the Depart- 
ment 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 re- 
covered on complaint made to the presiding Justice of 
the Police Court of said city. 

[Passed June 25, 1855.] 



[No. 48.] 

An Ordinance establishing the Office of City Physician. 
Be it ordained, &c., as foUotus : 

Sect. 1. There shall be chosen forthwith, and here- 
after 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 



148 CITY ORDINANCES. 

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 certificates 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 pur- 
pose 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 Dispen- 
sary, 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 danger- 
ous disease occurring in the city or neighborhood, to 
give to the Mayor, or either Board of the City Coun- 
cil, such professional advice and information as they 
may request, with a view to the prevention of said 
diseases, and the preservation of the health of the 
inhabitants. 



CITY ORDINANCES. 149 

Sect. 6. The said City Physician shall likewise per- 
form 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 vaccina- 
tion," 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 ser- 
vices as may be 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 re- 
lation to the Acceptance of Streets in the City of 
Roxbury." 

Be it ordainedy &c., as follows : 

That Ordinance No. 46 be and the same is hereby 

repealed. 

[Passed November 9, 1857.] 



[No. 50.] 

An Ordinance to appropriate annually a certain 
amount of the Moneys raised by Taxation towards 
a reduction of the City Debt. 

Be it ordained, &c., as follows : 

That all money received on account of the sale of 

real estate, of any description, now belonging, or which 



150 CITY ORDINANCES. 

may hereafter belong to the city ; all receipts on ac- 
count 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 j)er 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 regula- 
ting the Fire Department of the City of Roxbury." 

Be it 07'dained, &c., asfollotus : 

Sect. 1. Whenever the Board of Engineers shall 
decide to report the name of any member of the Fire 
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 con- 
duct, said Board of Engineers may forthwith suspend 
such member from duty until the matter of his dis- 
charge shall have been finally acted upon by the 
Mayor and Aldermen, and if such member be dis- 
charged, 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. 

[PassedJune 14, 1858.] 



CITY ORDINANCES. 151 

[No. 52.] 

An Ordinance to establish Regulations for the Removal 
of Buildings in the City of Roxbury. 

Be it ordained, &c., as folloivs : 

Sect. 1. All persons are prohibited from transport- 
ing any building or buildings through or over any 
street or streets in the city, unless permission be first 
obtained from the Board of Mayor and Aldermen, at a 
regular meeting of said Board ; and the party or par- 
ties asking such permission, shall give to the said city 
a bond for such a sum as shall be deemed judicious by 
the said Board, with sufficient sureties, holding said 
party or parties to pay such damage as may accrue from 
such removal to the highways, sidewalks or trees in or 
near the streets, or to any other property whatsoever 
belonging to the city or to other individuals. 

Sect. 2. This Ordinance shall have effect from and 
after its passage. 

[Passed November 8, 1858.] 



[No. 53.] 

An Ordinance in relation to the Removal of Snow and 
Ice from Sidewalks. 

Be it ordained, &c., as folloivs : 

Sect. 1. The tenant, occupant, and in case there 
shall be no tenant, the owner, or any person having 
the care of any building, or lot of land bordering on 
any street, lane, court, square, or public place within 
said city, where there is any foot-way or sidewalk, 
having curb-stones set on the edge of the same, shall 
within twenty-four hours after the ceasing to fall of 



152 CITY ORDINANCES. 

any snow, cause the same to be removed therefrom, 
and in default thereof shall forfeit and pay a sum not 
less than one dollar, nor more than three dollars, and 
for each and every twenty-four hours thereafter that 
the same shall remain on such foot-way or sidewalk, 
such tenant, occupant, or owner, or other person, shall 
forfeit and pay a sum not less than one dollar, nor 
more than five dollars. 

Sect. 2. The provisions of the preceding section 
shall also apply to snow falling from any building on 
any sidewalk having curb-stones as aforesaid. 

Sect. 3. Whenever the sidewalk, or any part there- 
of, adjoining any building or lot of land on any street, 
shall be encumbered with ice, it shall be the duty of 
the occupant, and in case there is no occupant, of the 
owner or any person having the care of such building 
or lot, to cause such sidewalk to be made safe and con- 
venient, by removing the ice therefrom, or by cover- 
ing the same with sand, or some other suitable sub- 
stance ; and in case such owner or occupant, or other 
person, shall neglect so to do for the space of twenty- 
four hours, he shall forfeit and pay a sum not less than 
one dollar, nor more than three dollars, and the sum 
of two dollars for every day that the same shall con- 
tinue so encumbered. 

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

[Passed December 27, 1858.] 



muama 
BosioN mac unm 

CITY ORDINANCES. 153 

[No. 54.] 

An Ordinance in relation to the Acceptance of Streets 
in the City of Roxburj^ 

Be if ordained, &c., as foUoivs : 

Sect. 1. No street already laid out and not built 
upon, or which shall hereafter be laid out, shall be ac- 
cepted by the City Council, unless the same shall be 
forty 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 appoint- 
ed by the said Board ; and until a plan of said street, 
drawn by the said Surveyor 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 
Council, until the grade of such street shall have been 
first made, at the expense of the abuttors, to corres- 
pond with the plan of the Surveyor. 

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

Sect. 5. Ordinance No 41 is hereby repealed. 

[Passed March 14, 1859.] 



[No. 55.] 

An Ordinance amendatory of "An Ordinance author- 
izing the appointment and prescribing the duties of 
City Marshal." 

Be it ordained, &c., as follotvs : 

Sect. 1. The first section of an Ordinance of said 
City, entitled " An Ordinance authorizing the appoint- 

20 



154 CITY ORDINANCES. 

ment and prescribing the duties of City Marshal," is 
hereby so far amended, that all appointments therein 
and thereby required to be made in the month of 
April, annually, shall hereafter be made in the month 
of January, annually. 

Sect. 2. This Ordinance shall take effect from and 
after its passage. 

[Passed March 14, 1859.] 



[No. 56.] 

An Ordinance to prevent unauthorized persons from 
entering the Engine Houses. 

Be it ordained, &c., as foUoivs : 

Sect. 1. No person not a member of the Fire De- 
partment of Roxbury, or of the City Government, or 
of the Police or Watch Departments of said Roxbury, 
shall enter, or be found in any Engine House belong- 
ing to the City of Roxbury, or other building in said 
city used for keeping any fire apparatus belonging 
to said Roxbury, without a permit signed by the 
Chief Engineer, or in case of his absence or sickness, 
by the Assistant Engineer next highest in rank of said 
City of Roxbury. Any person offending against the 
provisions of this Ordinance, shall forfeit and pay a 
sum not less than one dollar, nor more than twenty 
dollars, and if the offence shall be committed between 
the hour of midnight next preceding the Lord's day, 
and the hour of midnight next succeeding the said day, 
then the person so offending shall forfeit and pay a 
sum not less than five dollars. 

Sect. 2. This Ordinance shall not apply to any per- 



CITY OEDINANCES. 155 

son or persons who may be duly authorized to make 
any repairs in or ujDon any Engine House, or fire 
apparatus belonging to the City of Roxbury. 

Sect. 3. This Ordinance shall take effect and go 
into operation from and after its passage. 

[Passed March 14, 1859.] 



[No. 57.] 

An Ordinance in addition to " An Ordinance to pre- 
vent unlawful and injurious practices in the Streets 
and other public places in the City." 

Be it ordained^ <&c., as follows : 

Sect. 1. Three or more persons shall not stand in a 
group, or near to each other, on any sidewalk, in such 
a manner as to obstruct a free passage for foot passen- 
gers, for a longer time than ten minutes, nor more than 
two minutes after a request to move on, made by the 
Mayor, or any Police officer. 

Sect. 2. Any person who shall offend against the 
provisions of this Ordinance, shall be liable to the for- 
feitures and may be prosecuted and tried in the man- 
ner prescribed in the Ordinance to which this is an 
addition. 

Sect. 3. This Ordinance shall take effect and go 
into operation from and after its passage. 

[Passed April 11, 1859. J 



156 CITY OEDINANCES. 

[No. 58.] 

An Ordinance relating to the Election and Duties of 
Harbor Master. 

Be it ordained, &c., as follows : 

Sect. 1. Any person who may be elected Harbor 
Master under the provisions of an Act of the Common- 
wealth of Massachusetts^ jDassed in the year eighteen 
hundred and fifty-nine, entitled, " An Act relating to 
a Channel called the Eoxbury Canal," shall, in ad- 
dition to the duties required by said act, make return 
to the City Council annually, in the month of Janu- 
ary, of the number of vessels which have arrived and 
discharged cargoes in the district over which his au- 
thority extends, during the year ending on the thirty- 
first day of December next preceding such return, with 
the nature, quantity, and value of the merchandise so 
discharged. 

Sect. 2. The said Harbor Master shall enter upon 
the discharge of the duties of his said office, imme- 
diately after he is chosen the present year, and after- 
wards upon the first day of May annually. 

Sect. 3. The City Council may elect said Harbor 
Master for the present year, at any time during the 
months of April or May. All elections after the pres- 
ent year, (except elections for filling vacancies) shall 
be made in the month of April. 

Sect. 4. The City Council may at any time remove 
from office such Harbor Master, and may at any time 
fill any vacancy in such office, occasioned by such re- 
moval or otherwise. 

Sect. 5. The said Harbor Master shall receive such 



CITY ORDINANCES. 157 

compensation as the City Council shall from time to 
time determine. 

Sect. 6. This Ordinance shall take effect from and 
after its passage. 

[Passed May 9, 1859.] 



[No. 59.] 

An Ordinance in addition to " An Ordinance prescrib- 
ing Eules and Regulations relative to nuisances, 
sources of filth, and causes of sickness within the 
City of Roxbury." 

Be it ordained^ &c., as follows : 

Sect. 1. No person or persons shall keep any swine 
or goat within the limits of the City of Roxbury, with- 
out a permit signed by the Mayor of said city. 

Sect. 2. Any person who shall offend against the 
provisions of this Ordinance, shall forfeit and pay for 
each offence a sum not less than one dollar, nor more 
than twenty dollars. 

Sect. 3. Section 12 of the Ordinance to which this 
Ordinance is in addition, is hereby repealed. 

Sect. 4. This Ordinance shall take effect and go 
into operation from and after its passage. 

[Passed May 9, 1859.] 



[No. 60.] 

An Ordinance concerning the Removal of House Offal 
and Night Soil from the City. 

Be it ordained, &c., as foUotvs : 

Sect. 1. All house offal, whether consisting of ani- 
mal or vegetable substances, shall be deposited in con- 



158 CITY ORDINANCES. 

venient 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 pur- 
pose ; "which shall be done not less than twice in each 
week. 

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 regu- 
lations as the Mayor and Aldermen shall make on the 
subject, and always at the expense of the owner, 
agent, occupant, or other person having charge of the 
tenement in which such vault is situated. 

Sect. 3. No person, except such as shall have been 
appointed by the Mayor and Aldermen for that pur- 
pose, 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 oiBTal or night 
soil. 

Sect. 4. The Mayor and Aldermen shall annually, 
in the month of April, appoint a suitable person, whose 
duty (if he shall accept such appointment) shall be to 
take charge of the removal of night soil, and the per- 
son so appointed, and accepting as aforesaid, shall at 
his own expense furnish and provide suitable wagons 
or vehicles for the removal of night soil, each of which 
shall be of a capacity sufficient to contain not less than 
seventy cubic feet, and he shall also furnish and pro- 
vide, at his own expense, all other necessary and suit- 
able utensils and means for the proper performance of 
said business, and of all his duties under this Ordi- 
nance. Such person so appointed and accej)ting as 
aforesaid, shall be entitled to collect and receive of the 
owner, agent or occupant, or other jD^rson having 



CITY ORDINANCES. 159 

charge of any tenement in which, any privy is situated, 
and who shall apply for the removal of night soil from 
the same, the sum of three dollars, and no more, for 
each and every load (being 70 cubic feet) of night soil 
removed for such applicant, in such vehicle as afore- 
said, during the months of June, July and August, and 
the sum of two dollars, and no more, for each and every 
such load removed as aforesaid for such applicant, 
during the remainder of the year. And no vault of 
any privy shall be opened for the purpose of cleaning 
the same, in any day between the hours of five of the 
clock in the forenoon and the hour of ten of the clock 
in the afternoon in the same day. The person so ap- 
pointed and accepting as aforesaid shall conform to all 
such orders and regulations as the Mayor and Alder- 
men shall make in relation to the removal of night 
soil, and shall be held responsible for any unnecessary 
damage he may cause to property while in the per- 
formance of such business. The Mayor and Aldermen 
may, at any time, remove any person so appointed as 
aforesaid, and may fill any vacancy occasioned by such 
removal or otherwise. 

Sect. 5. A book shall be kept in the office of the 
City Marshal, in which shall be entered all applica- 
tions for opening and cleaning vaults, and the same 
shall receive attention in the order in which they are 
made. 

Sect. 6. This Ordinance shall not apply to any per- 
sons who may use their house offal or night soil on 
their own premises. 

Sect. 7. Any persons offending against any of the 
provisions of this Ordinance, shall be punished by a 
fine not exceeding twenty dollars. 



160 CITY ORDINANCES. 

Sect. 8. An Ordinance entitled "An Ordinance 
concerning the removal of House Offal and Night 
Soil from the City/' passed June 27, 1853, is hereby 
repealed. 

Sect. 9. This Ordinance shall take eifect from and 
after its passage. 

[Passed May 9, 1859.] 



mSTRUCTIONS FOR WARD OFFICERS. 



OF COUNTING VOTES. 

1 . Results of elections, how deter- 

mined. 

2. Same subject. 

3. Effect of Plurality Law. To 

determine whole number 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 "WARD RECORDS. 

1. Clerk to keep the records. 

2. Warrant and return to be cop- 

ied and certified. Record of 
meeting. Polls opened. Polls 
closed. Election in all the 
Wards. Election in single 
Ward. Vote declared. Meet-- 
ing dissolved. Clerk's attes- 
tation. 



OF COUNTING VOTES. 

1. In order to determine the result of anv^r"^.*'°^ 

J elections, 

election of any civil of&cer or officers in this Silnedf*"" 

^ Stat. 1856, 

Commonwealth, the whole number of persons °''- ^^''' ^ ^' 
who voted at such election shall first be ascer- 
tained, by counting the whole number of sepa- 
rate 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 num- 
ber of ballots given shall be distinctly stated, 
but blank pieces of paper shall not be counted 
as ballots. 

2. If at any election where more than one same sub- 

.^ . j.ect. Ibid. 

civil officer is to be elected to the same office, ^^• 

21 



162 INSTRUCTIONS FOR WARD OFFICERS. 

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. 

piuramy 3. By the establishing of the plurality law, 
in all cases, in this Commonwealth, the difficul- 
ties which formerlv existed in determinino; the 
result of an election have been almost entirely 

iTi'iM^whoie removed. Errors in ree^ard to the whole num- 

mimber of 

ballots. ]jQY Qf ballots may, however, be made by Ward 
Officers, and they should be particularly care- 
ful in ascertaining 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 seve- 
ral ballots for different officers may be enclosed 
in one envelope, or printed 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 separate boxes. 

offic?is"o 4. When an office is to be filled by but one 

be filled by ™ T • j. ± n 

fe^^o^eper- 23erson, as Uovernor, Lieutenant Uovernor, 
Kegister of Deeds, County Treasurer, Mayor, 
Warden, Ward Clerk, &c., the whole number 
of ballots may be ascertained correctly, after 
counting the votes for each candidate, b^ adding 
together all the votes cast for each candidate for the 
same office. 



INSTRUCTIONS FOR WARD OFFICERS. 163 



en an 
office is to 
be tilled by 



5. When an office is to be filled by more f^^ 
than one person, as Senators, Representatives, morelhan 

i ^ ^ -■- ■' one person. 

County Commissioners, and Special Commis-*^"' 
sioners. Aldermen, Common Councilmen, School 
Committee, and Ward Inspectors, the whole 
number of ballots for each of those officers 
should be counted separately, 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 ballot having upon 
it one name or more for Aldermen should be 
counted as one ballot for Aldennen, and so on, 
through the whole list of offices to be filled. 

6. The object of the law in ascertaining the^o^f^^ll^- 
whole number of ballots, is to ascertain the °*^" 
whole number of voters who vote for a candi- 
date or candidates for each office, and there- 
fore, if a person votes for only one Represen- 
tative when he might vote for live on the same 
ballot, his vote is to be counted as a ballot in 
making up the whole number cast for that 
office. It represents a voter, and is a ballot. 

7. But if a person votes for Representatives ?<!i^^sn\,- 
onli/, that vote should not be counted in making 

up the whole number for Senators, or if a per- 
son votes for Mayor and Aldermen, that vote, 
which is composed of two ballots, should be 
counted as one ballot for Maijor, and one ballot for 
Aldermen, but not as a ballot for Common Coun- 
cilmen, nor Inspectors of Elections, &c., as fre- 
quently happens where the tickets arc taken as 
the ballots. 



164 INSTEUCTIONS FOR WARD OFFICERS. 



OF KEEPING WARD RECORDS. 

ci|* to 1. It is the Clerk's duty to keep the records, 

and they should be signed by him alone, and 
not by the Warden and Inspectors. 
Md^et^urn ^- ^lic warraiit calling the meeting, and the 
Indceru-^*^ officcr's retum thereon, should be first copied 
on the book, and certified as true copies. The 
record should then proceed in this form, varied 
to meet the circumstances of the case : — 



fled. 



Record of " Pursuaut to the forearoina: warrant, the in- 
meeting. O O 7 

habitants of Ward No. — , qualified to vote as 
the law directs, assembled at the time and place 
and for the purposes therein expressed. 

pous opened. "At — o'cloclv, A. M., tlic waiTaut calling 
the meeting was read by the Warden, who then 
called upon the inhabitants of said Ward, qual- 
ified by law to vote, to give in their ballots for 
the purposes expressed in said warrant. 

Polls closed. At — o'clock, P. M., the polls were closed, 
and the whole number of ballots given in hav- 
ing been sorted and counted by the Warden 
and Inspectors of Elections in the manner pro- 
vided by law, the result was as follows : — 

Eieotwnin rp|^g wliolc numbcr of ballots for Governor 

was ; 

A. B. had ; 

C. D. had . 



Wards. 



" The whole number of ballots for Senators 

was ; 

E. F. had ; 

G. H. had ." 



INSTRUCTIONS FOR WARD OPFICERS. 165 

(^And so on th'ougJi the ivliole list. When the election 
is determined hy each Ward alone, as Common Council- 
men, Warden, Inspectors, and Ward Clerk, the record 
should he made up thus : — ) 

" The whole number of ballots for Common Sn|ie ward- 
Councilman was ; 

A. B. had , 

C. D. had , 

E. F. had , 

a. H. had , 

And they are elected. 

M. N. had , 

0. R had ." 

(^And so on through the list.') 

" The state of the ballots, as sorted, counted J°^^\^^^^ 
and recorded as above m open Ward meetmg, 
was declared to the meeting by the Warden. 

" The meeting then dissolved. mlsoivfd. 

" A true record. " attestation. 

X. Y. Z., Ward Clerkr 



€\td of llo^iiirg. 



EULES A^D OEDEES 



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 un- 
finished at the previous meeting, and such communi- 
cations 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 follow- 
ing stages before it shall be considered as having re- 



168 Rules and Orders of the Board of Aldermen. 

ceived the final action of this Board, viz. : first reading, 
second reading, passage to be enrolled, passage to be 
ordained ; and every joint resolution shall have two 
several readings before the question shall be taken on 
its final passage. 

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 
presented for payment, and on enrolment ; each of said 
Committees to consist of three members. 

V. No member shall be interrupted while speaking, 
but by a call to order, or for the correction of a mis- 
take ; nor shall there be any conversation among the 
members while a paper is being read or a question 
stated from the Chair. 

YL All Committees shall be appointed and an- 
nounced by the Mayor, except such as the Board of 
Aldermen shall determine to elect by ballot. 

YII. The above rules and orders of business shall 
be observed in all cases, unless susjDended by a vote 
of two-thirds of the members present for a specific 
purpose. 



RULES AND ORDERS 



COMMON COUNCIL 



Rights and Didies of the President. 

Sect. 1. The President shall take the chau^ at the 
hour to which the Council shall have adjourned ; shall 
call the members to order, and, on the appearance 
of a quorum, shall cause the minutes of the preceding 
meeting to be read, and proceed to business. In the 
absence of the President, any member present can call 
the Council to order, and preside until a President ^;ro 
tempore shall be chosen by ballot. If, upon a ballot 
for President ^:>ro tempore, no member shall receive a 
majority of votes, the Council shall proceed to a second 
ballot, in which a plurality of votes shall prevail. 

Sect. 2. He shall preserve order and decorum ; he 
may speak to points of order in preference to other 
members ; and shall decide all questions of order, sub- 
ject to an appeal to the Council, on motion of any 
member regularly seconded. 

Sect. 3. He shall declare all votes ; but if any mem- 
ber doubt the vote, the President, without further 

22 



170 Rules and Orders of the Common Council, 

debate upon the question, shall require the members 
voting in the affirmative and negative, to rise and 
stand until they are counted, and he shall declare the 
result ; but no decision shall be declared, unless a quo- 
rum of the Council shall have voted. 

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 de- 
termine to go into Committee of the Whole, the Presi- 
dent shall appoint the member who shall take the 
chair. The President may express his oj^inion 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 ques- 
tion is pending. But the President may state facts, 
and give his opinion on questions of order, without 
leaving his place. 

Sect. 6. On all questions and motions, the Presi- 
dent shall take the sense of the Council by yeas and 
nays, provided one-third of the members present shall 
so require. 

Sect. 7. In all cases the President may vote. 

Sect. 8. He shall propound all questions in the 
order in which they are moved, unless the subsequent 
motion shall be j)revious 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 



In the City of Iloxbury,for 1859. 171 

President 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 prece- 
dence in the order in which they stand arranged. 

Sect. 11. He shall consider a motion to adjourn as 
always first in order ; and that motion and the motion 
to lay on the table, or to take from the table, shall be 
decided without debate. 

Sect. 12. He shall put the previous question in the 
following form : — " Shall the main question he notv put?'" — 
and all debate upon the main question shall be sus- 
pended until the previous question shall be decided. 
After the adoption of the previous question, the sense 
of the Council shall forthwith be taken upon amend- 
ments reported by a committee, upon pending amend- 
ments, and then upon the main question. 

Sect. 13. On the previous question, no member 
shall speak more than once without leave ; and all inci- 
dental questions of order, arising after a motion is made 
for the previous question, shall be decided without de- 
bate, except on appeal, and on such appeal, no mem- 
ber 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 
announced by the President, except such as the Coun- 
cil determine to elect by ballot ; and it shall be in 
order for any member to move that the President be 
appointed on any Committee. 



172 Rules and Orders of the Common Council, 

Rights, Duties and Decorum of Members. 

Sect. 16. "When any member is about to speak in 
debate, or deliver any matter to the Comicil, he shall 
rise in his place, and respectfully address the presiding 
officer ; shall confine himself to the question under de- 
bate, 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 ano- 
ther member by his name ; but may describe him by 
the Ward he represents, or such other designation as 
may be intelligible and resjoectful. 

Sect. 18. No member speaking shall be interrupted 
by another, but by rising to call to order, or to correct 
a mistake. When a member is called to order, he 
shall immediately sit down, unless permitted to ex- 
plain, 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 " previous question," no more than once 
Avithout 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. 



In the City of Boxhury, for 1859. 173 

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 
reconsideration thereof on the same or succeedins; 
meeting, and if the motion is seconded, it shall be open 
to debate ; but if the motion to reconsider it is not 
made till the next meeting, the subject shall not be 
reconsidered, unless a majority of the whole Council 
shall vote therefor. And no more than one motion for 
the reconsideration of any vote shall be permitted. 

Sect. 23. No member shall be permitted to stand 
up, to the interruption of another, whilst any member 
is speaking ; or to pass unnecessarily between the 
President and the person speaking. 

Sect. 24. Every member who shall be in the Coun- 
cil 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. 

Sect. 26. When the reading of a paper is called for 
and the same is objected to by any member, it shall be 
determined by a vote of the Council. 

Sect. 27. No standing rule or order of the Council 
shall be suspended, unless three-fourths of the members 
present shall consent thereto ; nor shall any rule or 
order be repealed or amended, without one day's no- 
tice 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. 



174 Rules and Orders of the Common Council, 

Sect. 29. No member shall be obliged to be on 
more than three Standing Committees at the same 
time, nor to be chairman of more than one. 

Of Communications, Committees, Reports and Resolutions. 

Sect. 30. All memorials and other papers addressed 
to the Council, shall be presented by the President, or 
by a member in his place, who shall explain the sub- 
ject thereof, and they shall lie on the table, to be taken 
up in the order in which they are presented, unless 
the Council shall otherwise direct. And every mem- 
ber presenting a petition, remonstrance, order, resolu- 
tion, 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 Elec- 
tion 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 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 Pres- 
ident, and they shall organize by the choice of Chair- 



In the City of Hoxbury^ for 1859. 175 

man, and report to the Council ; and when Commit- 
tees, other than those above specified, are nominated 
by the President, the person first named shall be Chair- 
man, and in case of the absence of the Chairman, the 
Committee shall have power to appoint a Chairman 
pro tern. 

Sect. 35. All messages to the Mayor and Aldermen 
shall be drawn up by the Clerk and sent by the Mes- 
senger. 

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, im- 
posing 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 re- 
port 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 there- 
on 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, — shall notify the Chairmen of the vari- 



176 Rules arid Orders of the Common Council. 

ous Committees on the part of the Council of their 
election ; but all accepted reports from Special Com- 
mittees of this Board, shall be entered at length in a 
separate journal, to be kept for that purpose, and pro- 
vided with an index. 

Sect. 41. All salary of&cers shall be voted for by 
written ballot. 

Sect. 42. It shall be the duty of all Standing Com- 
mittees of the Council, to keep records of all their 
doings in books provided for that purpose by the Clerk; 
and it shall be the duty of the Clerk to attend the 
meetings of said Committees, and make said records 
when requested so to do. 

Sect. 43. No meeting of any Committee shall be 
called upon less notice than twenty-four hours. 

Sect. 44. In all elections by ballot, on the part of 
the Council, blank ballots, and all ballots for persons 
not eligible, shall be reported to the Council, but shall 
not be counted in making up the returns, except in 
cases where this Council have only a negative upon 
nominations made by the Mayor and Aldermen. 

Sect. 45. It shall be the duty of every Committee 
of the Council, to whom any subject may be specially 
referred, to report thereon within four weeks from the 
time said subject is referred to them, or ask for further 
time. 

Sect. 46. In any case not provided for by the rules 
and orders of the City Council, the proceedings shall 
be conducted according to " Cushing's Manual of Par- 
liamentary 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 Committees 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 mem- 
bers 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. 

23 



178 Joint Rules and Orders of the City 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. 

A Committee on Burial Grounds, to consist of the 
Mayor, two Aldermen, and five members of the Com- 
mon Council. 

A Committee on Lamps, to consist of two members 
of the Board of Mayor and Aldermen, and three mem- 
bers of the Common Council. 

A Committee on Printing, to consist of two members 
of the Board of Mayor and Aldermen, and three mem- 
bers of the Common Council. 

A Committee on Sewerage, to consist of the Mayor, 
two Aldermen, and five 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, decease, inability or absence of that officer, 
the Chairman of the Board of Aldermen shall act 
ex officio. And the members of the Board of Alder- 
men and of the Common Council, who shall constitute 
the Joint Standing Committees, shall be chosen or ap- 
pointed by their respective Boards. 

The member of the Board of Aldermen first named 
in every Joint Committee, of which the Mayor is not 
a member, 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 Com- 
mon Council first in order, shall call meetings of the 
Committee and act as Chairman. 



Joint Rules and Orders of the Oity Qoundl. 179 

The Mayor shall be ex officio Chairman of any Joint 
Special Committee of which he is a member. And 
whenever the Chairman of any such Committee shall 
have omitted 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 disao-reement between the 
two Boards, when either Board shall request a confer- 
ence and appoint a Committee for that purpose, the 
other Board shall also appoint a Committee to confer, 
which Committee shall forthwith meet, provided both 
branches are then in session ; otherwise, as soon as 
convenient, and state to each other, either verbally or 
in writing, as either shall choose, the reasons of the 
respective Boards for and against the 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 hy the City Council of the City 
of Roxhiryr 

Sect. 5. In all votes, when either or both branches 
of the City Council express any thing by way of com- 
mand, the form of expression shall be " Ordered ;" 
and when either or both branches express opinions, prin- 
ciples, facts, OY purposes, the form shall be, "Resolved." 

Sect. 6. No Committee shall act by separate con- 



180 Joint Rules and Orders of the City Council. 

sultation, 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 
supjDlies or services which shall not have been ordered 
or authorized by the Committee. 

Sect. 8. No Committee shall enter into any con- 
tract 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 Committees 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 memo- 
rials or other papers referred to the Committees of 
either branch ; and the Clerks shall make copies of any 
papers to be reported by Committees at the request of 
the respective Chairmen thereof 

Sect. 11. Each Board shall transmit to the other, 
all papers on which any Ordinance or Joint Resolu- 
tions 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 
Resolutions shall be prefixed upon their introduction. 

Sect. 13. Every Ordinance shall have as many read- 
ings in each Board as the rules of each Board require, 
after which the question shall be on passing the same 



Joint Rules and Orders of the City Council. 181 

to be enrolled ;• 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 cor- 
rectly enrolled, the same shall be reported to the Coun- 
cil, 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 Presi- 
dent 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 en- 
rolled, 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 Council, it shall be sent to the other 
Board for concurrence. 

Sect. 15. No enrolled Ordinance shall be amended. 

Sect. 16. All messages between the two Boards 
shall be reduced to writing by the respective clerks, and 
may be transmitted by the Clerk or the Messenger. 

Sect. 17. It shall be the duty of every Joint Com- 
mittee, (the Committee on Streets excepted,) to whom 
any subject may be specially referred, to report thereon 
within four weeks, or ask for further time. 



182 Joint Rules and Orders of the City Council. ■ 

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 au- 
thorized for any object, unless provision for the same 
shall be made by a specific transfer from some of the 
appropriations, contained in the annual resolution, or 
by expressly creating therefor a city debt ; but no 
such debt shall be created, unless the resolution author- 
izing 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 
ordinance has been passed in its final stage, shall be 
reconsidered in either Board after the same has been 
finally acted upon in the other Board, unless the mo- 
tion for reconsideration be made, or notice given at 
the same meeting at which the vote to be reconsidered 
passed. 



1ST STORY, 




ENTRANCE. 



2ND STORY. 



SCHOOL 




Desk 



DesK 



COMMITTEE ROOM 



JOS W.TUCKER. 



TaHe 



CITY CLERK 



Desk 




CLERKS PRIVATE 
ROOM. 



CLOSET 



HALL 



HALL 



CLOSET 



OFFICE OF THE 



TciTjle 




FIRE DEPARTMENT. 



ASSESSORS 



TaWe 



ROOM 




Jo?W.DUDLE 



Table 




CITY TREASURER 



CLOSET 



Book 



Cases. 



Desk 



LIBRARY 



treasurer's private 

ROOM. 





j.H BorroRos lith. 313 Washington sr. boston 



GOVEENMENT 



CITY OF ROXBURY, 



18 5 9. 



MAYOR. 

THEODORE OTIS, 

Walnut Street. 
[Salary $1200. Charter, Sect. 7.] 



GEORGE LEWIS, . . 
WILLIAM B. MAY, . 
JOSHUA B. FOWLE, . 
WILLIAM CURTIS, . 
BENJAMIN S. NOYES, 
JOHN C. CLAPP, . . 
ALONZO W. FOLSOM, 
GEORGE FROST, . . 



DERMEN. 




. . Highland Street, 


At Large 


. . St. James Street, 


a 


. . Vernon Street, 


a 


. . Davis Street, 


Ward 1. 


. . Belmont Street, 


" 2. 


. . Oakland Place, 


" 3. 


. . Parker Street, 


" 4. 


. . Winthrop Street, 


" 5. 



184 



CITY OFFICERS. 



COMMON COUNCIL. 

EBENEZER W. BUMSTEAD, President, 



Wakeen Street. 



Ward 1. 



Allen Putnam, . 
Benjamin F. Campbell, 
Asa Wyman, 
William Morse, 



Gideon B. Richmond, 
Albert Batchelder, 
John M. Marston, 
Thacher F. Sweat, . 



Alfred G. Hall, 
Patrick H. Rogers, . 
William H. Ward, 
Malcom McLaughlin, 



John R. Hall, 
John H. Bufford, 
Hartley E. Woodbridge, 
Francis Freeman, 



Ebenezer W. Bumstead, 
Thomas Farmer, 
John Dove, 
John T. Ellis, . 



Ward 2. 



Ward 3. 



Ward 4. 



Ward 5. 



Eustis Street. 
Davis Street. 
Zeigler Street. 
Yeoman Street. 



Franklin Place. 
Vernon Street. 
Church Place. 
Ruggles Street. 



Phillips Street. 
Smith Street. 
Brooks Street. 
Washington Street. 



Centre Street. 
Hawthorn Street. 
Oak Street. 
Dudley Street. 



Warren, cor. Regent St. 
Elm Street. 
Quincy Street. 
Eustis Street. 



CITY OFFICERS 



185 



JOINT STANDING COMMITTEES. 

ON FINANCE. 



The Mayor. 




Common Council. 


Alderman 




Messrs. Sweat, 


May. 




Wyman, 

Bufford, 

Dove, 

A. G. Hall. 




ON ACCOUNTS. 


Aldermen 




Common Council. 


Clapp, 




Messrs. J. R. Hall, 


Eolsom. 




Ellis, 
Putnam. 




ON PUBLIC PROPERTY. 


Aldermen 




Common Council. 


Lewis, 




Messrs. Batchelder, 


Folsom, 




Morse, 


Frost. 




Woodbridge, 

Farmer, 

Ward. 




ON PUBLIC INSTRUCTION. 


The Mayor. 




Common Council. 


Aldermen 




Messrs. Bumstead, ex officio 


Fowle, 




Putnam, 


Clapp. 




Richmond, 
A. G. Hall, 
Bufford. 




ON STREETS. 


The Mayor. 




Common Council. 


Aldermen 




Messrs. Richmond, 


Frost, 




Wyman, 


Lewis. 




Dove, 

Rogers, 

Bufford. 



24 



186 



CITY OFFICEES. 





ON SEWERAGE. 


The Mayor. 




Common Council. 


Aldermen 




Messrs. J. E. Hall, 


Lewis, 




Morse, 


Folsom. 




Farmer, 
Marston, 
A. G. Hall. 




ON LAMPS. 


Aldermen 




Common Council. 


Folsom, 




Messrs. Woodbridge, 


Clapp. 




Morse, 
Ellis. 




ON THE PlRE DEPARTMENT. 


Aldermen 




Common Council. 


May, 




Messrs. J. R. Hall, 


Fowle, 




Campbell, 


Curtis. 




Sweat, 

Dove, 

Freeman. 




ON BURIAL GROUNDS. 


The Mayor. 




Common Council. 


Aldermen 




Messrs. Marston, 


Noyes, 




Bufford, 


May. 




Putnam, 
Farmer, 
Ward. 




ON FUEL. 


Aldermen 




Common Council. 


Clapp, 




Messrs. Campbell, 


Folsom. 




Freeman, 
Richmond. 



CITY OFFICERS. 
ON POOR AND ALMSHOUSE. 



187 



The Mayor. 




Common Council. 


Alderman 




Messrs. Morse, 


Curtis. 




Batchelder, 
Rogers. 




ON PRINTING. 


Aldermen 




Common Council. 


Noyes, 




Messrs. Sweat, 


Fowle. 




A. G. Hall, 
J. R. Hall. 



STANDING COMMITTEES OF THE BOARD OF ALDERMEN, 

ON POLICE. 

The Mayor, Aldermen Frost and Curtis. 

ON LICENSES. 

The Mayor, Aldermen Noyes and Clapp. 

ON ENROLMENT. 

Aldermen Noyes, May and Lewis. 

ON BILLS OR ACCOUNTS PRESENTED FOR ALLOWANCE OR PAYMENT. 

Aldermen Folsom, Noyes and Curtis. 



STANDING COMMITTEES OF THE COMMON COUNCIL, 

ON ELECTIONS. 

Messrs. Putnam, Woodbridge and Marston. 

ON ENROLLED ORDINANCES. 

Messrs. Batchelder, Ward and Ellis. 



188 CITY OFTICERS. 

CITY CLERK AND CLERK OF BOARD OF ALDERMEN. 

JOSEPH W. TUCKER, Lambert Street. 

[Salary $1200 ; Fees payable into the City Treasury. Chosen by City Council 
in Convention, in January. Office, City Hall. Charter, Sect. 8.] 

CLERK OF COMMON COUNCIL. 

ERANKLIN WILLIAMS, Union Street. 

[Salary $200. Chosen by Common Council. Charter, Sect. 6.] 
CITY MESSENGER. 

WILLIAM N. FELTON, Zeigler Street. 

[Salary $550. Chosen by concurrent vote in April. Ordinance, No. 5.] 



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.] 

ASSESSORS. 

Laban S. Beecber, Joshua Seaver, William Rumrill. 

[Receive $300 each, and $100 for Clerk hire. Chosen by City Council, in 
Convention, in April. Charter, Sections 8 and 11.] 

ASSISTANT ASSESSORS. 

Ward 4. Daniel W. Glidden, 



5. William Barton. 



Ward 1. Joseph Bugbee, 

2. Gera Farnum, 

3. Sylvester L. Ward, 

[Receive $20 each. Chosen in each Ward where they reside. Charter, Sect. 11.] 



Theodore Otis, 
George Lewis, 
William B. May, 
Joshua B. Fowle 
William Curtis, 



CITY OFFICERS. 189 

SURVEYORS OF HIGHWAYS. 

[Ordinance No. 3, Sect. l.J 

Benjamin S. Noyes, 
John C. Clapp, 
Alonzo W. Folsom, 
George Frost. 



COMMISSIONER OF STREETS. 

Moses H. Libby, Orange Place. 

[Salary $1000. Chosen by the Mayor and Aldermen, in January. Ord. No. 40. 



HARBOR MASTER. 

Franklin Winchester, Eaton St. 

[Salary $75. Appointed in April. Ordinance No. 58. 



OVERRBERS OF THE POOR. 



The Mayor, ex officio, Chairman. 



Ward 4. Nelson Worthen, 
5. Joseph B. Young. 



Ward 1. Warren Marsh, 

2. Ira Allen, 

3. John McElroy, 

[Chosen in each Ward where they reside. Charter, Sect. 11.] 



THE ALMSHOUSE. 

Ezra Young, Superintendent. 

[Salary $500, Appointed by the Overseers of the Poor. 

Joseph H. Streeter, M. D., Physician, Washington Street. 

[Salary $100. Appointed by the Overseers of the Poor.] 



190 CITY OFFICERS. 

FIRE DEPARTMENT. 

[Ordinance No. 34.] 
CHIEF ENGINEER. 

James Munroe, Webber Street. 

[Salary $300.] 



ASSISTANT ENGINEERS. 



1. Gilbert S. May, 

2. John Culligin, 



3. AmoryF. Sherman, 

4. Robert Simpson. 



[The Chief and Assistant Engineers are chosen by the City Council, in Con- 
vention, in April. The rank of the Assistant Engineers is determined by the 
Mayor and Aldermen. They receive $80 each ; the Secretary an additional sum 
of $15.] 

FOREMEN OF ENGINES. 

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

America Co. No. 2. Centre Street. 
George White. 

Torrent Co. No. 6. Eustis Street. 
Phineas D. Allen. 



Tremont Co. No. 7. Ruggles Street. 
John Brooks. 



Washington Hooh and Ladder Co. Dudley, cor. Warren Street. 
Edward W. Murray. 

Cochituate Hose Co. Washington Street, near Railroad Crossing. 
Thomas A. Scott. 



CITY OFFICERS. 



191 



THE FOLLOWING TABLE EXHIBITS THE PAT OF THE OFFICERS AND MEM- 
BERS OP THE SEVERAL ENGINE COMPENIES. 



Name of Engine. 









g^s 


% 




'i 


S"» 


a 

2 
o 






No. of 
exclus 
Officer 


f^ 


O 


m 


$80 


$70 


$100 


38 


80 


70 


100 


38 


80 


70 


100 


38 


80 


70 


100 


38 


70 


60 


80 


18 


65 


55 


65 


10 



0-9 






"Warren, No. 1, . . . . 
America, No. 2, . . . . 
Torrent, No. 6, .... 
Tremont, No. 7, . . . . 
Hook and Ladder Company, 
Cochituate Hose Company, 



$36 
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. 



CEMETERY AT FOREST HILLS. 

BOARD OP COMMISSIONERS. 
[Elected by the City Council. See Act, p. 32.] 





Term expires. 


Jonathan French, 


1860 


Francis C. Head, 


1861 


Alvah Kittredge, 


1862 


William J. Reynolds, 


1863 


E. W. Bumstead, 


1864 



Alvah Kittredge, Chairman. 

Francis C. Head, Secretary. 

Joseph W. Dudley, City Treas., Treasurer. 

Joseph W. Tucker, Register. 

Oliver Moulton, Superintendent. 



192 CITY OFFICERS. 



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. Ordinance 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. Ordinance No. 14.] 

CITY PHYSICIAN. 

Arial I. CuMMiNGS, M. D., Dudley Street. 

[Salary $100. Chosen by concurrent vote in May. Ordinance No. 48. 
Office rear of City Hall.] 

SUPERINTENDENT OF BURIAL GROUNDS. 

The Undertaker. 

UNDERTAKER. 

John C. Seaver, corner Union and Short Streets. 

[Ordinance No. 12.] 



CITY OFFICERS. 193 



POLICE DEPARTMENT. 

POLICE COURT. 
[Act, p. 54. J 

STANDING JUSTICE. 

Peter S. Wheelock, Bower St. 

[Salary $1000. Eees payable into City Treasury.] 

special justices. 
Joshua Seaver, Eben Jones. 

city marshal. 
Benjamin Meriam, Shawmut Avenue. 

[Salary $2.25 per diem. Ordinance No. 45. Appointed by the Mayor and 

Aldermen.] 



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 WATCHMEN AND POLICE OFFICERS. 



Henry L. Ford, 
Joseph Parker, 
Edward F. Mecuen, 
Elbridge G. Cobb, 
William E. Hicks, 



Joseph Hastings, 
Thomas Culligin, 
Ezekiel Merrill, 
James Staniels, 
John J. Hastinsrs. 



[Pay $1.62|-. Appointed by the Mayor and Aldermen.] 
25 



194 



CITY OTFICERS. 



Benjamin Meriam, 
William D. Cook, 
Joseph Hubbard, 
Hawley Folsom, 
Hiram A. Campbell, 
Morrill P. Berry, 
Samuel Mcintosh, 
Bartlett W. Dexter, 
Henry L. Ford, 
Ezra Young, 
Jeremiah M. Swett, 
Matthew Clark, 
Joseph Parker, 

[Appointed 



CONSTABLES. 

Edward F. Mecuen, 
Elbridge G. Cobb, 
WiUiam E. Hicks, 
Zebedee C. Perry, 
Sylvester E. Partridge, 
John J. Hastings, 
Joseph Hastings, 
Thomas Culligin, 
James Staniels, 
Ezekiel Merrill, 
Weare T. Melvil, 
Phineas B. Smith. 

by the Mayor and Aldermen.] 



William N. Hastings, 
Joseph Hubbard, 2d, 
William F. Farrington, 
Nathaniel Y. Culbertson, 
Franklin Winchester, 
William F. Tillson, 
Augustus L. Litchfield, 
Joshua Anderson, 
Moses N. Hubbard, 
F. D. Osgood, 



SPECIAL POLICE. 
[Without Pay.] 

John H. Holden, 
WilHam D. Cook, 2d, 
James D. Loker, 
William Clark, 
Mason G. Field, 
Elkanah S. Atwood, 
Silas Dole, 
James Munroe, 
George R. Mathews. 



Thomas Adams, 
Morrill P. Berry, 
Ira Allen, . 



CORONERS. 



Vernon Street. 
Vernon Street. 
Cabot Street. 



William D. Cook, 
Joseph Hubbard, 
Hawley Folsom, 



TRUANT OFFICERS. 

Samuel Mcintosh, 
Matthew Clark, 
James Staniels. 



[Ordinance No. 38. Appointed by the Mayor and Ahlermen.] 



CITY PPICERS. 



195 



SUBORDINATE OFFICERS. 

The following Officers are first elected bj the Mayor and Al- 
dermen, and then sent to the Common Council for their concur- 
currence. They are all paid by fees. [Ordinance No. 3.] 

FIELD DRIVERS AND HOGREEVES. 



Bradbury Pevear, 
William Lingham, 
William D. Cook, 
Henry L. Ford, 
Jeremiah M. Swett, 



John Dove, 



Elbridge Cobb, 
Edward F. Mecuen, 
Matthew Clark, 
Thomas Culligin. 



FENCE VIEWERS. 

William Seaver, 

POUND KEEPER. 

Ezra Young. 



David Simpson. 



TYTHINGMEN. 

Elbridge A. Hovey, | Phineas B. Smith. 

SEALERS OF LEATHER. 

Reuben M. Stackpole, | Joseph W. Winslow. 



SURVEYORS OF LUMBER. 



Gera Farnum, 
Tillson WilUams, 



George Curtis, 
Charles W. Greenleaf. 



MEASURERS OF WOOD AND BARK. 



Joseph Bugbee, 
Elbridge 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. 



196 



PUBLIC SCHOOLS 



PUBLIC SCHOOLS. 

SCHOOL COMMITTEE. 
[Charter, Sect. II. Ordinance No. 22.] 

Horatio G. Morse, Chairman. | Joshua Seaver, Seci-etary. 

Elected at Large. 
George Putnam, William A. Crafts, Arial I. Cummings. 

JElected hy Wards. 
Ward 1. — Horatio G. Morse, Franklin Williams. 
" 2. — Joshua Seaver, Ira Allen. 
" 3.— T. R. Nute, Eichard Garvey. 
" 4. — Joseph N. Brewer, John W. Olmstead. 
" 5. — Edwin Ray, Robert P. Anderson. 

sub-committees. 
Regulations — Messrs. Crafts, Williams, Seaver. 
Finance — Messrs. Seaver, Anderson, Garvej. 
Music and Drawing — Messrs. Nute, Allen, Williams. 
Boohs — Messrs. Morse (ex off.}, Putnam, Brewer, Nute, Crafts. 
Intermediate and Primary School Teachers — Messrs. Morse, 
(ex off.), Ray, Olmstead, Cummings, Allen. 

OP different schools. 



Schools. 


Location. 


Local Committee. 


English High, for Boys 


Mount Vernon Place, 




Latin, 


Mount Vernon Place, . 


Under charge of Trustees. 


High School for Girls, 


Kenilworth Street, . . 


Olmstead, Putnam, Nute. 


Dudley, .... 


Kenil worth & Bartlett Sts. 


Brewer, Nute, Olmstead. 


"Washington, . . . 


Washington Street, . , 


Allen, Seaver, Garvey. 


Dearborn, .... 


Abney Place, .... 


Ray, Williams, Anderson. 


Eliot, 


Gore Avenue, .... 


Cummings, Crafts, Anderson. 


Francis Street, . . 


Francis Street, , . . 


Crafts, Williams, GaiTey. 


Intermediate, . . . 


Vernon Street, . . . 


Seaver. 



PUBLIC SCHOOLS. 197 

EOXBURY HIGH SCHOOL — FOR BOYS. 

LATIN DEPARTMENT. 

Augustus H. Buck, Principal. 
William C. Collar, Assistant. 

ENGLISH DEPARTMENT. 

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

These Schools are under the direction of a Board of Trustees, consisting of the 
following gentlemen : 



George Putnam, President. 
James Guild, Treasurer. 
Charles K. Dillawat, Secretary. 
Enoch Bartlett, 
Thomas D. Anderson, 
D. A. Simmons, 
Benjamin Kent, 



A. C. Thompson, 
Theodore Otis, 
S. P. Blake, 
John S. Sleeper, 
Joseph S. Ropes, 
William S. Leland. 



[The City pays an annual sura towards the support of these schools, and hy a 
mutual arrangement, the School Committee have a joint jurisdiction over the 
English High School.] 



HIGH SCHOOL — FOR GIRLS. 



Robert Bickford, Principal. 
Elizabeth C. Babcock, Assistant. 



DUDLEY SCHOOL — FOR GIRLS. 

Adeline Seaver, Principal. 
Isabella H. Wilson, Assistant. 

2d Division, Sarah J. Leavitt ; 3d, Ellen A. Marean ; 4th, 
Clara B. Tucker ; 5th, Caroline J. Nash ; 6th, Clementine B. 
Thompson ; 7th, Helen J. Otis ; 8th, Mary G. Hewes. 



198 PUBLIC SCHOOLS. 

WASHINGTON S C HOO L— F OR B Y S. 

John Kneeland, Principal. 
Harriet E. Burrell, Assistant. 
John F. Patten, Suh-Master. 

3d Division, Anna M. Williams ; 4th, Ahce C. Pierce ; 5th, 
Sarah M. Vose ; 6th, Carohne C. Drown ; 7th, Eebecca A. Jor- 
dan ; 8th, Esther M. Nickerson ; 9th, Juliette Dickerman. 



DEAEBORN SCHOOL — FOE BOYS. 

William H. Long, Principal. 
Ruth P. Stockbridge, Assistant. 

2d Division, Louisa E. Harris ; 3d, Plooma A. Savage ; 4th, 
Henrietta M. Young ; 5th, J. Ellen Horton ; 6th, Louisa J. 
Fisher. 

ELIOT SCHOOL — FOE GIRLS. 

Sarah A. M. Gushing, Principal. 

2d Division, Mary C. Eaton ; 3d, Ehzabeth W. Young ; 4th, 
Almira W. Chamberline : 5th, Elizabeth A. Morse. 



FEANCIS STEEET SCHOOL — BOTH SEXES, 
Sophronia F. Wright, Principal. 

INTEEMEDIATE SCHOOL — FOE BOYS. 
Delia Mansfield, Principal. 



Nancy L. Tucker, Assistant. 



CURATOR OP SCHOOL BUILDINGS. 

Jonas Pierce, Jr., Bartlett Street. 



PUBLIC SCHOOLS. 



199 



PRIMARY SCHOOLS AND LOCAL COMMITTEES— 1859. 
[Each School for both Sexes. — Salary of each Teacher $300.] 



1. 

2. 
3. 
4. 
5. 

6. 

7. 
8. 
9. 
10. 

n. 

12. 
13. 
14. 
15. 
16. 
17. 
18. 
19. 
20. 
21. 
22. 
23. 
24. 
23. 
26. 
27. 
28. 
29. 
30. 
31. 
32. 
33. 
34. 



Teachers. 

Sarah T. Jennison . . . 

Eliza Brown 

Sarah O. Babcock.... 
Sarah H. Hosmer . . . . 
Margaret E. Davis. . . . 

Maria L. young 

Mary F. Neal 

Emma C. Wales 

Ann M. Backup 

Susannah L. Durant. . 

Sophia L. Stone 

Charlotte Williams. . . 

Cornelia J, Bills 

Sarah E. Field 

Sarah J. Davis 

Clara M. Adams 

Sarah W. Holbrook . . 
Almira B. Russell.... 

Caroline Y. Rice 

Mary A. Waldock. . . . 

Anna M. Eaton 

Elizabeth Waldock. , . 
Henrietta M. Wood . . 

Mary A. Morse 

Caroline N. Heath. . . . 
Maria L. J. Perry . . . . 

M. M. Hutchins 

Margaret G. Chenery. 

Sarah A. Dudley 

H. B. Scammell 

Sarah C. Duncklee. . . 
Frances N. Brooks . . . 

Asenatli Nichols 

Emily W. Fillebrown 



Location. 

Yeoman Street , 

Yeoman Street , 

Yeoman Street , 

Yeoman Street 

Eustis Street , 

Sumner Street - 

Sumner Street 

Eustis Street 

Vernon Street , 

Vernon Street 

Sudbury Street , 

Sudbury Street 

Sudbury Street 

Sudbury Street 

Avon Place 

Avon Place 

Mill Dam 

Heath Place 

Heath Place 

Smith Street 

Smith Street , 

Francis Street 

Centre Street 

Centre Street 

Heath Street 

Edinboro' Street . . . 
Edinboro' Street . . . 

Munroe Street 

Elm Street 

Elm Street 

Heath Place 

Winthrop Street . . . 

Heath Place 

Orange Slreet 



Committees. 



Morse. 

Morse. 

Morse, 

Morse. 

Williams. 

Williams. 

Williams. 

Williams. 

Cummings. 

Cummings. 

Allen. 

Allen. 

Allen. 

Allen. 

Garvey. 

Garvey. 

Allen. 

Seaver. 

Seaver. 

Nute. 

Nute. 

Crafts. 

Brewer. 

Brewer. 

Putnam. 

Ohnstead. 

Olmstead. 

Ray. 

Anderson. 

Anderson. 

Seaver. 

Anderson. 

Seaver. 

Seaver. 



200 



WARD OFFICERS. 



WARD OFFICERS. 



Ward 1. 



Warden, 
John Jones. 

Clerk, 
Joseph Bugbee. 



Inspectors, 
Charles Erskine, 
Lafayette Litchfield, 
Mason G. Field. 



Ward 2. 



Warden, 
Joshua Seaver, 

Clerk, 
Anthony B. Shaw. 



Warden, 
David Simpson. 

Clerk, 
Michael J. Killion. 



Inspectors, 
Squire G. Brooks, 
Henry B. Phelps, 
Henry E. Lingham. 



Ward 3. 



Inspectors, 
J. M. Harmon, 
Edward Kennedy, 
John Mahony. 



Ward 4. 



Warden, 
George Curtis. 

Clerk, 
George J. Hopkins. 



Wai'den, 
Henry Parkhurst. 

Clerk, 
Oliver J. Curtis. 



Inspectors, 
G. A. Kittredge, 
Silas Dole, 
Holman Page. 



Ward 5, 



Inspectors, 
William H. Mcintosh, 

Mitchell Leavitt, 
Henry C. Stowell. 



WARDS. 201 



WARDS, 

As divided and established by the Board of Selectmen of the 
Town of Koxburj, March 26, 1846, [see City Charter, 
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 turnpike 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 Ruggles 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 Roxbury 
and Brookline on Washington Street ; thence on the northerly 
side of Washington Street to the junction of Centre and Wash- 
ington 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 southerly side of said street to Parker Street ; thence cross- 
ing Parker Street over the marshes on the southerly side to the 
creek which divides Roxbury from Brookline, the point where the 
Second Ward terminates. 
26 



202 WARDS. 

WARD 4. Beginning at the division line between Roxbury 
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 hne between West Roxbury and 
Roxbury ; 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. Ward Room, Putnam Street. 

" 4. Octagon Hall, Dudley Street. 

" 5. School House, Winthrop Street. 



MODES OF APPOINTMENT OF CITY OFFICERS. 



203 



MODES AND TIMES OF APPOmTMENT 



OF THE VARIOUS CITY OFFICERS. 



City Clerk — in Convention, . • . . 

Undertaker — Mayor and Aldermen. 

Chief and Assistant Engineers — in Convention, 

Commissioner of Streets — Mayor and Alder- 
men, ....... 

Field Drivers and Hogreeves, Fence Viewers, 
Pound Keeper, Tythingmen, Sealers of 
Leather, Surveyors of Lumber, Measurers 
of Wood and Bark, Weigher of Hay, Sealer 
of Weights and Measures, Weighers of Coal 
— Concurrent vote, first acted upon by the 
Mayor and Aldermen, .... 

Officer to complain of Truants — Mayor and 
Aldermen, ...... 

Assessors — in Convention, .... 

City Marshal and Assistants, Police and Watch- 
men — Mayor and Aldermen, 

Constables — Mayor and Aldermen, 

City Treasurer — in Convention 

Consulting Physicians — Mayor and Aldermen, 

City Messenger — Concurrent vote, first elected 
by the Mayor and Aldermen, 

Superintendent of Burial Grounds — Mayor and 
Aldermen, ...... 

City Solicitor — Concurrent vote of both branches 
of the City Council, ..... 

City Physician — Concurrent vote of both 
branches of the City Council, 



January. 

April. 

January. 



April. 

January. 
April. 

January. 
April. 
January. 
May or June. 

April. 

April. 

February. 

May. 



204 TAXES. 

TAXES. 

The amount of Taxes assessed on the Real and Personal 
Estates in the City of Roxburj, from 1846 : 

1846. 
Valuation ofReal 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 $l,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 

1849. 
Valuation of Real and Personal Estates, . $13,476,600.00 



At $6.20 per $1,000, is . . . . $83,554.92 

No. of Polls 3,982, at $1.50 each, is . 5,973.00 



Total Tax for 1849, . . . $89,527.92 



TAXES. 205 



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 



18 51.* 

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 



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 



* West Eoxbury set off this year. Valuation of whole included. 



206 TAXES 



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 



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 



TAXES. 207 



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 



1,8 5 7. 

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 



1858. 

Valuation of Real Estate, . . . $12,404,000.00 

Valuation of Personal Estate, . . . 5,064,800.00 



$17,468,800.00 



At $9.50 per $1,000, is . . . . $165,953.60 

No. of Polls 4,316, at $1.71 each, is . 7,380.36 



Total Tax for 1858, . . . $173,333.96 



208 



CITY DEBT, ETC 



CITY DEBT FOR THE SEVERAL YEARS SINCE THE INCOR- 
PORATION OF THE CITY. 



1846 




February 1st, 




122,776.75 


1847 










27,609.98 


1848 










29,443.31 


1849 










39,973.65 


1850 










56,976.65 


1851 










48,476.65 


1852 










140,387.05 


1853 










186,810.40 


1854 










181,110.40 


1855 










209,263.95 


1856 










254,865.95 


1857 










246,040.95 


1858 










257,340.95 


1859 






U i 






280,240.95 


VALUATION OF ESTATES, AND NUMBER 


OF POLLS IN 


ROXBURY, FROM 1836 TO 185 


8. 


1836 .... $5,582,400 1,833 


1837 








5,875,000 2,114 


1838 








5,979,900 2,047 


1839 








6,438,600 2,129 


1840 








6,721,00( 


) 2,300 


1841 








6,941,600 2,474 


1842 








7,341,60( 


) 2,570 


1843 








7,710,00( 


) 2,554 


1844 








8,578,600 2,977 


1845 








9,569,800 3,433 


1846 








12,543,900 3,668 


1847 








12,628,300 3,806 


1848 








13,174,600 3,999 


1849 








13.476,600 3,982 


1850 








13,712,800 4,125 


1851* 








13,933,200 4,223 


1852 








11,935,200 3,440 


1853 








12,432,600 3,623 


1854 








13,369,200 3,833 


1855 








15,577,200 3,804 


1856 








16,660,400 4,118 


1857 








17,327,000 4,152 


1858 








17,468,80( 


) 4,316 



* West Roxbury set off, 1851. 



AMOUNT PAID FOR SCHOOLS, ETC. 



209 



AMOUNT PAID FOR SCHOOLS, INCLUDING THE BUILDING 
AND EEPAIR OF SCHOOL HOUSES. 



Teachers' Pay, Fuel 



Year. 

1846 


and Contingencies. 

$17,104.01 


New School Houses. 

$8,887.96 


Total. 

$27,991.97 


1847 


20,555.23 


7,953.37 


28,508.60 


1848 


24,422.69 


20,916.54 


45,338.13 


1849 


25,480.80 


4,198.59 


29,578.39 


1850 


26,177.86 


3,660.55 


29,738.41 


1851 


21,976.32 


15,013.31 


36,989.63 


1852 


24,709.61 


7,949.24 


32,658.85 


1853 


26,391.51 


3,899.12 


30,290.63 


1854 


30,284.69 


26,802.92 


57,087.61 


1855 


32,616.68 


6,239.07 


38,855.75 


1856 


36,266.58 


5,309.16 


41,575.74 


1857 


39,223.53 


10,851.46 


50,074.99 


1858 


38,670.81 


9,679.65 


48,350.46 



POPULATION OF ROXBURY AT DIFFERENT PERIODS. 



1765 

1790 
1800 
1810 

1820 

1830 

1840 

1850* 

1855 



1,487 
2,226 
2,765 
3,669 
4,135 
5,247 
9,087 
18,316 
18,477 



* Including West Roxbury. 



27 



210 



SUPPOET OF POOR, ETC. 



AMOUNT PAID FOR SUPPORT OF POOR— NET COST. 



Year. 

1846 
1847 

1848 
1849 
1850 
1851 
1852 
1853 
1854 
1855 
1856 
1857 
1858 



Average No. 
Inmates. 


Whole No 
admitted. 


120 


410 


187 


762 


242 


710 


216 


627 


240 


628 


227 


630 


185 


507 


155 


356 


52 


292 


25 


90 


25 


112 


25 


228 


25 


407 



Net Cost. 

$5,586.15 
9,751.95 
6,052.40 
9,207.40 
8,229.08 
8,478.96 
6,737.49 
7,227.14 
7,776.21 
4,543.92 
6,491.64 
6,064.50 
5,547.72 



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










9,853.38 


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 


1858 










21,089.60 



SUPPORT OF FIRE DEPARTMENT, ETC. 211 



AMOUNT PAID FOR SUPPORT OF FIRE DEPARTMENT, PAY 
OF MEMBERS, BUILDING ENGINES, HOUSES, AND REPAIR 
THEREOF. 



Year. 


Eeservoirs. 


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 


1858 


43.97 


19,123.46 


19,167.43 



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 
1852 
1853 

1854 










3,427.27 
4,271.30 
4,419.75 
5,370.68 


1855 

1856 

1857 
1858 










7,817.60 

9,290.88 

13,052.45 

13,746.89 



212 



PAID FOR LAMPS. 



AMOUNT PAID FOR LAMPS. 



1846 












$849.06 


184T 












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 


1858 












11,281.08 



CATALOGUE 



#0knimmt 0f % Citg 0f ll^^htrji, 



FROM ITS 



INSTITUTION IN 1846 TO 1859. 



214 



PAST MEMBERS OF THE CITY GOVERNMENT. 



1846. 

MAYOR. 

JOHN JONES CLARKE. 



ALDERMEN 



Elijah Lewis, 
Dudley Williams, 
Laban S. Beecher, 
Moses Day, 



Samuel Walker, 
Samuel Jackson, 
Francis C. Head, 
William Keith. 



COMMON COUNCIL. 

Francis G. Shaw, President. 



Ward 1. 
Daniel Jackson, 
Sylvester Bowman, 
William D. Seaver. 

Ward 2. 
Abraham Gr. Parker, 

George S. Griggs, 
Esdras Lord. 

Ward 3. 
William J. Reynolds, 
William G. Eaton, 
John L. De Wolf. 

Ward 4. 
Alvah Kittredge, 
Joseph N. Brewer, 
James Guild. 



Ward 5. 
Linus B. Comins, 
Stephen Hammond, 
Samuel Weld. 

Ward 6, 
George James, 
Joseph R. Weld, 
Calvin Young. 

Ward 7. 
John Dove, 
Anson Dexter, 
Theodore Dunn. 

Ward 8. 
Francis G. Shaw, 
George W. Mann, 
Ebenezer Dudley. 



TREASURER. 

Joseph W. Dudley. 

CITY CLERK. 

Joseph W. Tucker. 

CLERK OF COMMON COUNCIL. 

Joshua Seaver. 



PAST MEMBERS OF THE CITY GOVERNMENT. 215 



1847. 



MAYOR. 

HENRY ALEXANDER SCAMMEL DEARBORN. 



Elijah Lewis, 
William Keith, 
Richard Ward, 
Calvin Young, 



ALDERMEN. 

Francis C. Head, 
Robert Gardner, 
William B, Kingsbury, 
Nelson Curtis. 



COMMON COUNCIL. 



Linus B. 

Ward 1. 
Daniel Jackson, 
Sylvester Bowman, 
Simeon Litchfield. 

Ward 2. 
A. Gr. Parker, 

George S. Griggs, 
Esdras Lord. 

Ward 3. 
Wm. J. Reynolds, 
W. G. Eaton, 
W. A. Crafts. 

Ward 4. 
Alvah Kittredge, 
J. N. Brewer, 
Nathaniel Mayhew. 



CoMiNs, President. 

Ward 5. 
Linus B. Comins, 
Samuel Weld, 
Thomas Lord. 

Ward 6. 
George James, 
Franklin Fearing, 
George H. Williams. 

Ward 7. 
John Dove, 
Anson Dexter, 
James E. Forbush. 

Ward 8. 
Ebenezer Dudley, 
Chauncy Jordan, 
George Brown. 



TREASURER. 

Joseph W. Dudley. 

CITY CLERK. 

Joseph W. Tucker. 

CLERK OP COMMON COUNCIL. 

Joshua Seaver. 



216 PAST MEMBERS OF THE CITY GOVERNMENT. 



1848, 



MAYOR. 

HENRY ALEXANDER SCAMMEL DEARBORN. 



ALDERMEN 



Francis C. Head, 
William Keith, 
Robert Gardner, 
Richard Ward, 



William B. Kingsbury, 
Calvin Young, 
B. F. Campbell, 
Samuel P. Blake. 



COMMON COUNCIL. 

Linus B. Comins, President. 



Ward 1. 
Daniel Jackson, 
Simeon Litchfield, 
Ebenezer Chamberlain. 

Ward 2. 
A. G. Parker, 

George S. Griggs, 
Esdras Lord. 

Ward 3. 
William J. Reynolds, 
W^illiam G. Eaton, 
William A. Crafts. 

Ward 4. 
Alvah Kittredge, 
Joseph N. Brewer, 
Nathaniel Mayhew. 



Ward 5. 
Linus B. Comins, 
Stephen Hammond, 
Samuel Walker. 

Ward 6. 
Franklin Fearing, 
Atkins A. Clark, 
Enoch Nute. 

Ward 7. 
Theodore Dunn, 
Stephen M. Allen, 
E. W. Stone. 

Ward 8. 
Chauncy Jordan, 
George Brown, 
Benjamin Guild. 



TREASURER. 

Joseph W. Dudley. 

CITY CLERK. 

Joseph W. Tucker. 

CLERK OF COMMON COUNCIL. 

Joshua Seaver. 



PAST MEMBERS OP THE CITY GOVERNMENT. 217 

1849. 
MAYOR. 

HENRY ALEXANDER SCAMMEL DEARBORN. 



Francis C. Head, 
Richard Ward, 
W. B. Kingsbury, 
Calvin Young, 



ALDERMEN. 

Nelson Curtis, 
John L. Plummer, 
William Mackintosh, 
Daniel Jackson. 



COMMON COUNCIL. 

William A. Crafts, President. 



Ward 1. 
Sylvester Bowman, 
Allen Putnam, 
James Monroe. 

Ward 2. 
Thatcher Sweat, 
Uriah T. Brownell, 
William Seaver. 

Ward 3. 
William J. Reynolds, 
William A. Crafts, 
William Gaston. 

Ward 4. 
Alvah Kittredge, 
J, N. Brewer, 
Nathaniel Mayhew. 



Ward 5. 
Stephen Hammond, 
Samuel Walker, 
A. D. Williams, Jr. 

Ward 6. 
Atkins A. Clark, 
John F. J. Mayo, 
Jonas Barnard. 

Ward 7. 
Stephen M. Allen, 
Ebenezer W. Stone, 
E. W. Bouve. 

Ward 8. 
Chauncy Jordan, 
George Brown, 
Charles G. Mackintosh. 



treasurer. 
Joseph W. Dudley. 

CITY CLKRK. 

Joseph W. Tucker. 

CLERK OF COMMON COUNCIL. 

Joshua Seaver. 

28 



218 



PAST MEMBERS OF THE CITY GOVERNMENT. 



1850. 



MAYOR. 

HENRY ALEXANDER SCAMMEL DEARBORN. 



ALDERMEN 



Erancis C. Head, 
Richard Ward, 
William B, Kingsbury, 
Calvin Young, 



Nelson Curtis, 
John L. Plummer, 
William Mackintosh, 
Daniel Jackson. 



COMMON COUNCIL. 

William A. Crafts, President. 



Ward 1. 


Ward 5. 


Allen Putnam, 
James Monroe, 
*Sjlvester Bowman. 


A. D. WiUiams, Jr., 
Hiram Hall, 
Robert W. Parker. 


Ward 2, 


AVard 6. 


Thatcher Sweat, 
William Seaver, 
Uriah T. Brownell. 


Jonas Barnard, 
Hosea B. Stiles, 
John F. J. Mayo. 


Ward 3. 


Ward 7. 


William J. Reynolds, 
William A. Crafts, 
William Gaston. 


Theodore Dunn, 
Stephen M. Allen, 
Jacob P. George. 


Ward 4. 


Ward 8. 


Alvah Kittredge, 
J. N. Brewer, 
Nathaniel Mayhew. 


Chauncy Jordan, 
George Brown, 
Charles G. Mackintosh. 


treasurer. 


Joseph W. Dudley. 


CITY CLERK. 


Joseph W. Tucker. 


CLERK OF COMMON COUNCIL. 


Joshua Seaver. 



* Resigned, and John Parker was elected to fill vacancy. 



PAST MEMBERS OF THE CITY GOVERNMENT. 



219 



1851 



MAYOR. 

*HENRY ALEXANDER SCAMMEL DEARBORN. 



ALDERMEN 



Francis C. Head, 
Richard Ward, 
Calvin Young, 
John L. Plummer, 



George Curtis, 
Hiram Hall, 
Theodore Dunn, 
George Brown. 



COMMON COUNCIL. 

William A. Crafts, President, 



Ward 1. 
Daniel P. Upton, 
John R. Howard, 
Reuben Winslow. 

Ward 2. 
Thatcher Sweat, 
Uriah T. Brownell, 
William Seaver. 

Ward 3. 
William A. Crafts, 
WilHam Gaston, 
Joseph Crawshaw. 

Ward 4. 
Alvah Kittredge, 
Joseph N. Brewer, 
George Davenport. 



Ward 5, 
Aaron D. Williams, Jr., 
Horace Williams, 
Samuel Walker. 

Ward 6. 
Hosea B. Stiles, 
William H. Gray, 
John Richardson. 

Ward 7. 
Jacob P. George, 
John C. Pratt, 
William D. Ticknor. 

Ward 8. 
Charles G. Mackintosh, 
Cornelius Cowing, 
James W. Wason. 



TREASURER. 

Joseph W. Dudley. 

CITY CLERK. 

Joseph W. Tucker. 

CLERK OP COMMON COUNCIL. 

Joshua Seaver. 



* DiedJuly 29, 1851, ut Portland, Mc. Samuel Walker elected by the City 
Council to fill the vacancy. 



220 



PAST MEMBERS OP THE CITY GOVERNMENT. 



1852. 



M A Y R 



SAMUEL WALKER. 



ALDERMEN. 



Nelson Cuvtis, 
Benjamin F. Campbell, 
George Curtis, 
Abraham G. Parker, 



Alvah Kittredge, 
Horace Williams, 
James Guild, 
John Hunt. 



COMMON COUNCIL. 

William Gaston, President. 



Ward 1. 
Simeon Litchfield, 
John Parker, 
Daniel P. Upton, 
George J. Lord. 

Wakd 2. 
John M. Hewes, 
Arial I. Cummings, 
Joseph Houghton, 
Wilder Beal. 



Charles Hickling, 

William S. Leland, 



Ward 3. 
William Gaston, 
True Russell, 
John W. Parker, 
Calvin B. Faunce. 

Ward 4. 
Charles B. Bryant, 
Horace King, 
Obed Rand. 
Alden Graham. 



Ward 5. 

I WilHam D. Adams, 
I Isaac S. Burrell. 



treasurer. 
Joseph W. Dudley. 

CITY CLERK. 

Joseph W. Tucker. 

CLERK OF COMMON COUNCIL. 

Joshua Seaver. 



PAST MEMBERS OF THE CITY GOVERNMENT. 



221 



1853. 

MAYOR. 

SAMUEL WALKER. 



ALDERMEN 



Nelson Curtis, 
Benjamin F. Campbell, 
George Curtis, 
Abraham G. Parker, 



Alvah Kittredge, 
Horace Williams, 
John S. Sleeper, 
Charles Hicklino;. 



COMMON COUNCIL. 

William Gaston, Preddent. 



Wakd 1. 
Daniel P. Upton, 
George J. Lord, 
Franklin Williams, 
Joseph H. Chadwick. 

AVard 2. 
John M. Hewes, 
Joseph Houghton, 
Phineas Colburn, 
Arial I. Cummings. 



Ward 3. 
William Gaston, 
John W. Parker, 
Calvin B. Faunce, 
William L. Hall. 

Ward 4. 
Joseph N. Brewer, 
George Lewis, 
Charles F. Bray, 
Henry Davenport. 



Ward 5. 
William S. Leland, I Isaac S. Burrell, 

William D. Adams, I Wilham B. May. 



treasurer. 
Joseph W. Dudley. 

CITY CLERK. 

Joseph W. Tucker. 

CLERK OF COMMON COUNCIL. 

Joshua Seaver. 



222 



PAST MEMBERS OP THE CITY GOVERNMENT. 



1854. 

MAYOR. 

LINUS BACON COMINS. 



ALDERMEN 



Nelson Curtis, 
George Curtis, 
Joseph N. Brewer, 
Charles Hickling, 



George J. Lord, 
Robert AV. Ames, 
Calvin B. Faunce, 
Benjamin Perkins. 



Ward 1. 
Franklin Williams, 
Joseph H. Chadwick, 
Joseph G. Torrey, 
Thomas Farmer. 

Ward 2. 
John M. Hewes, 
Joseph Houghton, 
Phineas Colburn, 
Henrj Basford. 

William D. Adams, 
William B. May, 



COMMON COUNCIL. 

James M. Keith, President. 

Ward 3. 



Charles B. Bryant, 
Horace King, 
Obed Rand, 
Alden Graham. 

Ward 4. 
Henry Davenport, 
Joseph B. Wheelock, 
George G. Tuxbury, 
John R. Hall. 



Ward 5. 



Walden Porter, 
James M. Keith. 



treasurer. 
Joseph W. Dudley. 

CITY CLERK. 

Joseph AY. Tucker. 

CLEltK OF COMMON COUJVCIL. 

Joshua Seaver. 



PAST MEMBERS OF THE CITY GOVERNMENT. 



223 



1856. 

MAYOR. 

JAMES RITCHIE. 



ALDERMEN. 



Calvin B. Faunce, 
Charles Bunker, 
Samuel S. Chase, 
Joseph Houghton, 



Asa Wyman, 
Moses H. Webber, 
Francis Gardner, 
William D. Adams. 



COMMON COUNCIL. 

William Ellison, President. 



Ward 1. 
Franklin Williams, 
William Morse, 
George H. Pike, 
Asa Wjman, Jr. 

Ward 2. 
John M. Marston, 
Alvin M. Bobbins, 
William H. Palmer, 
Benjamin S. Nojes. 



Ward 3. 

Robert Simpson, 
Robert W. Molineux, 
William R. Huston, 
Joseph H. Swain. 

Ward 4. 
Samuel A. Shurtleff, 
Wilham Elhson, 
Ebenezer W. Bumstead, 
Clark I. Gorham. 



Ward 5. 
Henrj P. Shed, I John W. Wolcott, 

Joseph W. Bobbins, I James W. Cushing. 



TREASURER. 

Joseph W. Dudley. 

CITY CLERK. 

Joseph W. Tucker. 

CLERK OF COMMON COUNCIL. 

Joshua Seaver. 



224 



PAST MEMBEKS OF THE CITY GOVERNMENT. 



1856. 

MAYOR. 

JOHN SHERBURNE SLEEPER. 



ALDERMEN 



Nelson Curtis, 
Benjamin Thompson, 
Charles E. Grant, 
Joseph G. Torrej, 



George S. 



Griggs, 



Nahum Ward, 
Jonathan P. Robinson, 
Charles C. Nichols. 



COMMON COUNCIL. 

John W. May, President. 



Ward 1. 
Eranklin WiUiams, 
William Morse, 
George H. Pike, 
Samuel Pearson, Jr., 

Ward 2, 
Phineas Colburn, 
Timothy R. Nute, 
Wilham P. Fowle, 
Thomas L. D. Perkins. 



Ward 3. 
John W. May, 
John E. Go wen, 
WiUiam F. Dunning, 
Samuel Little. 

Ward 4. 
Ebenezer W. Bumstead, 
Samuel A. Shurtleif, 
Daniel W. Glidden, 
Alonzo W. Folsom. 



Ward 5. 



James W. Gushing, 
Robert 0. Nichols, 



John T. Ellis, 
William K. Lewis. 



treasurer. 
Joseph W. Dudley. 

CITY CLERK. 

Joseph W. Tucker. 

CLERK OF COMMON COUNCIL. 

Joshua Seaver. 



PAST MEMBERS OF THE CITY GOVERNMENT. 



225 



1857. 

MAYOR. 

JOHN SHERBURNE SLEEPER. 



ALDERMEN 



Benjamin Thompson, 
Charles E. Grant, 
George S. Griggs, 
Charles C. Nichols, 



Walden Porter, 
Joseph H. Chadwick, 
Henrj Willis, 
George Lewis. 



COMMON COUNCIL. 

Henry P. Shed, President. 



Ward 1. 

Frfnklin Williams, 
Wilham Morse, 
Albert Brewer, 
George J. Lord. 

Waed 2. 
Alvin M. Bobbins, 
William P. Fowle, 
Thomas L. D. Perkins, 
Phineas Colburn. 



Henrj P. Shed, 

Robert C. Nichols, 



Ward 3. 
John W. May, 
Alfred G. Hall, 
Samuel Little, 
John Bowdlear. 

Ward 4. 
John R. Hall, 
Samuel A. Shurtleff, 
William Graham, 
James A. Tower. 



Ward 5. 



William Barton, 
William K. Lewis. 



TREASURER. 

Joseph W. Dudley. 

CITY CLERK. 

Joseph W. Tucker. 

CLERK OF COMMON COUNCIL. 

Joshua Seaver. 



29 



226 



PAST MEMBERS OF THE CITY GOVERNMENT. 



1858. 
MAYOR. 

JOHN SHERBURNE SLEEPER. 



ALDERMEN 



George Lewis, 
William S. Leland, 
John C. Clapp, 
Samuel Pearson, 



Benjamin S. Noyes, 
Uriah T. Brownell, 
Samuel A. Shurtleff, 
Ivor J Harmon. 



COMMON COUNCIL. 

Henry P. Shed, President. 



Ward 1. 
William Morse, 
Albert Brewer, 
Ebenezer Rjerson, 
Chester M. Gay. 

Ward 2. 
William P. Fowle, 
Gideon B. Richmond, 
Thacher F. Sweat, 
Albert Batchelder. 



Henry P. Shed, 
Robert C. Nichols, 



Ward 3. 
Alfred G. Hall, 
Patrick PL Rogers, 
Thomas J. Mayall, 
John M. Way. 

Ward 4. 
John R. Hall, 
William Graham, 
James A. Tower, 
Hartley E. Woodbrldge. 



Ward 5. 



Ebenezer W. Bumstead, 
WiUiam Barton. 



TREASURER. 

Joseph W. Dudley. 

CITY CLERK. 

Joseph W. Tucker. 

CLERK OF COMMON COUNCIL. 

Franklin Williams. 



PRESENT MEMBERS OF THE CITY GOVERNMENT. 



227 



1859. 

MAYOR. 

THEODORE OTIS. 



ALDERMEN. 



George Lewis, 
William B. May, 
Joshua B. Fowle, 
William Curtis, 



Benjamin S. Noyes, 
John C. Clapp, 
Alonzo W. Folsom, 
Georofc Frost. 



C OMMON COUNCIL. 

Ebenezer W. Bumstead, President. 



Ward 1. 
William Morse, 
Allen Putnam, 
Benjamin F. Campbell, 

Asa Wyman. 

Ward 2. 
Gideon B. Richmond, 
Albert Batchelder, 
John M. Marston, 
Thacher F. Sweat. 



Ward 3. 
Alfred G. Hall, 
Patrick H. Rogers, 
WiUiam H. Ward, 
Malcom McLaughlin. 

Ward 4. 
John R. Hall, 
Hartley E. Woodbridge, 
John H. Bufford, 
Francis Freeman. 



Ward 5. 



Ebenezer W. Bumstead, 
Thomas Farmer, 



John T. Ellis, 
John Dove. 



TREASURER. 

Joseph W. Dudley. 

CITY CLERK. 

Joseph W. Tucker. 



CLERK OF COMMON COUNCIL. 

Franklin Williams. 



HISTORICAL LIST OF MEMBERS, 

SIXCE 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. 

Theodore Otis, 1859. 

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 Gardiner, 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 Pluramer, 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. 

* Pied July 29th, 1851, at Portland, Me. Samuel Walker was elected by the two branches of 
the City Council, Auguist Uth, to fill the vacancy. 



230 HISTORICAL LIST OF MEMBERS. 

Charles Hickling, 1853, 54. 
Joseph Nathaniel Brewer, 1 854. 
George JefFerds Lord, 1854. 
Eobert Wilkins Ames, 1854. 
Calvin Barstow Faunce, 1854, 55. 
Benjamin Perkins, 1854. 
Charles Bunker, 1855. 
Samuel Sinclair Chase, 1855. 
Joseph Houghton, 1855. 
Asa Wjman, 1855. 
Moses Howe Webber, 1855. 
Prancis Gardner, 1855. 
William Davis Adams, 1855. 
Benjamin Thompson, 1856, 57. 
Charles Edward Grant, 1856, 57. 
Joseph Gendell Torrey, 1856. 
George Smith Griggs/ 1856, 57. 
Nahnm 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, 59. 
William Sherman Leland, 1858. 
John Codman Clapp, 1858, 59. 
Samuel Pearson, 1858. 
Benjamin Simons Noyes, 1858, 59. 
Uriah Tompkins Brownell, 1858. 
Samuel Atwood Shurtleff, 1858. 
Ivory Hai-mon, 1858. 
Wilfiam Bird May, 1859. 
Joshua Bentley Powle, 1859. 
William Curtis, 1859. 
Alonzo Williams Folsom, 1859. 
George Prost, 1859. 



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. 
Ebenezer Waters Bumstead, 1859. 



COMMON COUNCIL. 
Ward 1. 

Daniel Jackson, 1846, 47, 48. 
Sylvester Bowman, 1846, 47, 49, 50. 
William Dudley Seaver, 1846. 
Simeon Litchfield, 1847, 48, 52. 
Ebenezer Chamberlain, 1848. 
Allen Putnam, 1849, 50, 59. 



HISTORICAL LIST OF MEMBERS. 231 



James Munroe, 1849, 50* 

John Parker, 1850, 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, 59. 

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. 

Benjamin Franklin Campbell, 1859. 

Asa Wyman, 1859. 



Ward 2. 

Abraham Gearfield Parker, 1846, 47, 48. 

George Smith Griggs, 1846, 47, 48. 

Esdras Lord, 1846, 47, 48. 

Thatcher Sweat, 1849, .50, 51. 

Uriah Tompkins Brownell, 1849, 50, 51. 

William Seaver, 1849, 50, 51. 

John Milton Hewes, 1852, 53, 54. 

Arial Ivers Cummings, 1852, 53. 

Joseph Houghton, 1852, 53, 54. 

Wilder Beal, 1852. 

Phineas Colburn, 1853, 54, 56, 57. 

Henry Basford, 1854. 

John "Morrill Marston, 1855, 59. 

Alvin Mason Robbins, 1855, 57. 

William Hyde Palmer, 1855. 

Benjamin Simons Noyes, 1855. 

Timothy Rieker Nute, 1856. 

William Parker Fowle, 1856, 57, 58. 

Thomas Langdon Dodge Perkins, 1856, 57. 

Gideon Babbitt Richmond, 1 858, 59. 

Thacher Franklin Sweat, 1858, 59. 

Aloert Batchelder, 1858, 59. 



Ward 3. 

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

William Greene Eaton, 1846, 47, 48. 

John Landoi-ff DeWolf, 1846. 

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

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

Joseph Crawshaw, 1851. 

True Russell, 1852. 

John Wells Parker, 1852, 53. 



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

t Kesigned May 17th, 1858, and Willilam Morse was elected to All the vacancy. 



232 HISTORICAL LIST OF MEMBERS. 



Calvin Barstow Faunce, 1852, 53. 
William Lewis Hall, 1853. 
Charles Bayley Bryant, 1854. 
Horace King, 1854. 
Obed Rand, 1854. 
Alden Graham, 1854. 
Kobert Simpson, 1855. 
Robert Webb Molineaux, 1855. 
William Ricker Huston, 1855. 
Joseph Henry Swain, 1855. 
John Wilder May, 1856, 57. 
John Emory Gowen, 1856. 
William Francis Dunning, 1856. 
Samuel Little, 1856, 57. 
Alfred Gowen Hall, 1857, 58, .59. 
John Bowdlear, 1857. 
Patrick Henry Rogers, 1858, 59. 
Thomas Jefferson Mayall, 1858. 
John Metcalf Way, 1858. 
Malcoln McLaughlin, 1859. 
William H. Ward, 1859. 



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, 1 852. 

Charles Frederick Bray, 1853. 

Henry Davenport, 1853, 54. 

Joseph Bond Wheelock, 1854. 

George William Tuxbury, 18.54. 

John Roulstone Hall, 1854, 57, 58, 59. 

Samuel Atwood Shurtleff, 1855, 56, 57. 

AVilliara 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, 59- 

John Henry Bufford, 1859. 

Francis Freeman, 1859. 



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, 18.50. 

Robert Whipple Parker, 1850. 

Horace Williams, 1851. 

Charles Hickling, 1852. 



HISTOKICAL LIST OF MEMBERS. 233 



William Sherman Leland, 1852, 53. 
William Davis Adams, 1852, 53, 54. 
Isaac Sanderson Burrell, 1852, 53. 
William Bird May, 1853. 
Walden Porter, 1854. 
James Monroe Keith, 1854. 
Henry Pinkham Shed, 1855, 57, 58. 
JosejDh Willett Robbins, 1855. 
John Wesley Wolcott, 1855. 
James William Gushing, 1855, 56. 
Eobert Cofield Nichols, 1856, 57, 58. 
John Thomas Ellis, 1856, 59. 
William King Lewis, 1856, 57. 
William Barton, 1857, 58. 
Ebenezer Waters Bumstead, 1858, 59. 
Thomas Fai-mer, 1859. 
John Dove, 1859. 

Wakd 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 Ballon 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 Forbnsh, 1847. 
Stephen Merrill Allen, 1848, 49, 50. 
Ebenezer Whitten Stone, 1848, 49. 
Ephraim Washington Bouve, 1849. 
Jacob Phillips George, 1850, 51, 
John Carroll Pratt, 1851. 
William Davis Ticknor, 1851. 

Ward 8. 

Francis George Shaw, 1846. 

George Washington Mann, 1846. 

Ebenezer Dudley, 1846, 47. 

Chauncy Jordan, 1847, 48, 49, 50. 

George Brown, 1847, 48, 49, 50. 

Benjamin Guild, 1848. 

Charles Gideon Mackintosh, 1849, 50, 51. 

Cornelius Cowing, 1851. 

James W. Wason, 1851. 

Aaron Cass, 1851. 



* Wards No. 6, 7 and 8, witli parts of Wards 4 and 5. were set off and incorporated, by Act of 
the Legislature, May 24, 1851, into the town of West lloxbury. 

30 



INDEX. 



[The references to the Ordinances are to tlie number of the Ordinance ; the othei; 
figures refer to the i^age. | 



ACCOUNTS, Ordinance 6 relates to. 

joint standing committee on, 185. 

committee of aldei'men on accounts, 187. 
ALDERMEN, board of, to consist of eight persons, 3, 28. 

majority to constitute a quoi'um, 4. 

with common council to compose city council, 4. 

election of, 6, 24, 28. 

term of office, 6, 24, 28. 

may issue warrants for elections to fill vacancies in their body, 7. 

shall take oath of office, 8. 

organization in absence of the mayor, 9. 

may judge of elections of their own members, 9. 

may confiim or reject nominations of the mayor, 12. 

rules of, 167. 

index to rules, 248. 

names of aldermen, 183. 
ALMSHOUSE, joint committee on, 187. 

superintendent and physician of, 189. 
AMENDMENTS TO CITY CHARTER, 24, 27. 

acceptance of, 26, 30. 
ASSESSORS, how elected, 11. 

compensation, 11, 188. 

duties of, 14. 

names of, 188. 
ASSISTANT ASSESSORS, how elected, 13. 

duties of, 13. 

vacancies, how filled, 24. 

names and compensation, 188. 
BALUSTRADES ON BUILDINGS, rules concerning the erection of, 40. 
BARK, measurement of, 15. 

measurers of, 195. 
BOOKS EROM COMMONWEALTH, to be preserved, 70. 
BOWLING ALLEYS, regulations relative to, 47. 
BUILDINGS, regulations for removal of, Ord. 52. 



236 INDEX. 

BURIAL GROUNDS, ("see Cemeteiy^, 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, 186. 
CEMETERY, rural CEorest HillsJ), legislative acts concerning, 32, 34. 

election, powers and duties of commissioners, 32, 33, 34. 

funds of, to be kept separate from other city funds, 33. 

commissioners to make annual report, 34. 

commissioners may receive and hold property for the improvement of, 34. 

name to be Eorest Hills, Ord. 24. 

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

names of commissioners, 191. 
CHIEF ENGINEER, see Fire Department. 
CITY CHARTER, or an " act to establish the City of Roxbury," 3. 

repeal of all acts inconsistent with, 22. 

legislature may alter or amend, 22. 

adoption of, by citizens of Roxbury, 23. 

amendments to, 24, 27. 
CITY COUNCIL, to consist of mayor, aldermen and common council, 3. 

shall elect city treasurer, chief engineer, collector, clerk and assessors, 11. 

shall require bonds from persons entrusted with the public moneys, 12. 

shall have superintendence of city buildings, 12. 

may purchase property in name of city, 12. 

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, 14. 

shall have powers of board of health, 15; but see Ord. 36 and page 41. 

may cause the construction of drains and common sewers, 15. 

may make by-laws respecting lumber, wood, coal and bark, 15. 

shall determine annually the number of representatives, 17. 

shall have power to make by-laws and annex penalties, 21, 31, 62, 67. 

shall elect commissioners of rural cemetery, 32. 

may elect clerk of police court, 57. 

shall elect city solicitor, Ord. 43. 

shall elect city physician, Ord. 48. 

list of joint standing committees, 185. 

rules of, 177. 

index to rules, 248. 

names of members of city council, 183. * 

CITY DEBT, reduction of, Ord. 50. 

amount of, for different periods, 208. 

how created after annual appropriations, 182. 

affirmative vote of two-thirds of city council necessary, 182. 
CITY OF ROXBURY, first organization of government, 19. 

division into wards, 4, 27. 

government of, 183. 
CITY SEAL, Ord. 18. 
CLERK OF BOARD OF ALDERMEN, 12. 



I N D E X,. 237 

CLERK OF CITY, shall administer oath of office to mayor, 8. 

election of, 11. 

compensation fixed by city council, 1 1 . 

shall also be clerk of board of aldermen, 12. 

term of office and liability to removal, 13. 

general duties of, 13. 

name and salary of, 188. 
CLERK OF COMMON COUNCIL, election of, 9. 

name and salary of, 188. 
CLERKS OF ENGINE COMPANIES, see Fire Department. 
CLERK OF ENGINEERS, see Fire Department. 
CLERK OF POLICE COURT, may be elected by city council, 57. 

shall give bond, 57. 

duties of, 57. 
CLERK OF WARD, election of, 5. 

term of office, 5, 25. 

duty at first election under the charter, 19. 

general duties of, 6. 

names of, 200. 
COAL, sale and measurement of, 15. 
COLLECTOR OF TAXES, election of, 11. 

duty of, Ord. 8. 

name and salary of, 188. 
COMMISSIONER OF STREETS, how appointed, Ord. 40. 

duties of, Ord. 40. 

name and salary of, 189. 
COMMON COUNCIL, with aldermen, to compose city council, 3. 

number of councilmen, 3, 28. 

majority constitute a quorum, 4. 

term of office, 6, 24, 28. 

election of, 6, 24, 28. 

how to be swoi'n, 8. 

organization of, 9. 

vacancies to be filled by new elections, 9. 

may judge of elections of its own members, 9. 

sittings to be public, 12. 

rules of, 166. 

index to rules, 248. 

names of members, 184. 
CONSTABLES, appointed by maj'or and aldermen, 11. 

bond, 11. 

names of, 194. 
CORONERS, 194. 
COMMITTEES, STANDING, of city council, 185, 186. 

of aldermen, 187. 

of common council, 187. 
COUNTY COMMISSIONERS, to set bounds at road angles, 39. 

appeals may be made to, for damages, from decision of mayor and aldermen, 1 4. 

may regulate railroad crossings, 44. 



238 INDEX, 

COURT, see Police Court. 
CRIER, office of, Ord. 37. 
DEBT OF CITY, see City Debt. 
DEEDS, to be executed by mayor, Ord. 20. 

of cemeteiy lots, Ord. 29. 
DOGS, not to go at large, unless licensed, Ord. 16. 

troublesome and mischievous to be removed or destroyed, Ord. 16, 
DRAINS, may be built by order of city council, 15. 
ELECTIONS, of ward officers, .5. 
of civil officers, 66. 

of maj'or, aldermen and common councilmen, 6, 24, 28. 
in case of no election of mayor, 8. 
of aldermen, 6, 24, 28. 
of common councilmen, 6, 24, 28. 
of city treasurer and collector, city clerk, assessors, and other subordinate 

officers, 11, 203, Ord. 3. 
of engineers, 11, 203, Ord. 34. 
of foremen, Ord. 34. 
of overseers of poor, 13, 14, 24. 
of school committee, 13, 24, 68. 
of county. State and United States officers, 17. 
of commissioners of rural cemetery, 32. 

of surveyors of highways, surveyors of lumber, measurers of wood and bark, 
weighers of hay, sealer of weights and measures, field drivers, fence 
viewers, pound keeper, tythingmen, sealers of leather, and hogreeves, 
Ord. 3, 203. 
of city messenger, Ord. 5, 203. 
ENGINEERS, see Fire Department. 

ENGINE HOUSES, unauthorized persons not to enter, Ord. 56. 
ENGINEMEN, see Fire Department. 
ENROLMENT, committee of aldermen on, 187. 
committee of common council on, 187. 
FENCE VIEWERS, Ord. 3, 195, 203. 
FIELD DRIVERS, Ord. 3, 195, 203. 
FINES, see Penalties. 
FINANCE, joint committee on, 185. 
FIRE DEPARTMENT— 

act giving engineers power of firewards and relating to combustibles, 67. 
accounts against, to be examined, &c., by chief engineer, Ord. 34, § 3. 
appropriations for new engines, houses, &c., how expended, Ord. 34, § 6. 
amount paid annually for support of, 211. 
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., ih. 
may call for rolls and records from foremen, Ord. 34, § 14. 



INDEX. 239 

FIRE DEPARTMENT, names of comiTiittee on, 186. 
chief engineer, election of, 11, Orel. 34, § 2. 
to have certificate, Orel. 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, 190. 
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, 37, 38. 
to choose one of their number secretary, Ord. 34, § 3. 
other duties of, Ord. 34, §§ 4, 5, 16, 17. 
have the authority of firewards, 67. 
names, cornpeusation and rank, 190. 
engines, &c., not to be taken from the city except, &c., Ord. 34, <J 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 — see 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. 
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. 



240 I X D E X . 

FIRE DEPARTMENT, duties of members, at fires, Ord. 34 §15. 

compensation, 190. 
names of members of committee on fire department, 186. 

of cliief and assistant engineers, 190. 

of foremen of companies and of engines, &c., 190. 
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, 191. 
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, &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, 190. 
EOREST HILLS, see Cemetery. 
EUEL, joint committee on, 186. 
GATES, not to swing into streets, Ord. 23. 
GOVERNMENT OF CITY, members of, 183, 214, 215, &c. 
GUNPOWDER, acts to regulate transportation and storage of, 37, 62. 
licenses for its sale, 37. 

forfeiture of, Avhen unlawfully kept, 38, 51, 62. 
mayor and aldermen may make rules concerning its transportation and 

sale, 38. 
HARBOR MASTER, duties of, Ord. 58. 

name and salary of, 189. 
HAY, weighers of, Ord. 3, 145, 157. 
HEALTH, powers of board of health vested in city council, 15, 41. 

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

51, — (see act '50, ch. 108, as to unfit dwelling placesj. 

concerning removal of nuisances or causes of sickness, 35, Ord. 14. 

act i-elating to offensive trades, 63. 

act relating to the public health, 41 — (§ 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. 

mayorandaldermenmay prohibit keeping of swine and goats, Ord. 14. 

city marshal, or person authorized by mayor, may examine buildings, for the 

purpose of investigating or removing nuisances. Ord. 14. 



INDEX. 241 

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

officers of health department, 192. 
HIGHWAYS, see Streets or Ways. 
HOGREEVES, Ord. 3, 145, 157. 
HO SEMEN, see Eire Department. 
HOUSES, numbering of, Ord. 25. 

HOUSE OFFAL AND NIGHT SOIL, regulations for removal of, Ord. 60. 
INNHOLDERS, mayor and aldermen may license, 11. 
INSPECTORS OF ELECTIONS, election and duties of, 5. 

names of, 200. 
INSTRUCTION, public, joint committee on, 185. 
INSTRUCTIONS, for ward officers, 161. 
JURORS, preparation of lists by mayor and aldermen, and drawing of jurors, 

25— (act relating to, 1856, ch. 125J. 
JUSTICE, see Police Court. 
LAMPS, expenditures for, Ord. 44, 166. 

duties of joint committee on, Ord. 44. 

names of members of joint committee, 186. 

annual expenditures for lamps, 212. 
LAWS, act relating to preservation of, 70 — (see Statutes). 
LICENSES, committee of aldermen on, 187. 

LICENSED HOUSES, mayor and aldermen may license innholders, victual- 
lers, and retailers, 11. 
LUMBER, city council may make by-laws for sale and measurement of, 15. 

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, 193. 

and assistants, to be appointed annually in January, Ord. 56. 
MAYOR, with aldermen and common council, to have government of city, 3. 

election of, 6, 24, 28. 

term of office, 6, 24, 28. 

shall administer oath to members of the city council, 8. 

duties of, 9. 

in case of no election of mayor, 8. 

power to remove subordinate officers for neglect of duty, 1 1 . 

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, 183. 

shall have power of nomination in appointments, subject to confirmation of 
aldermen, 12. 

shall be one of overseei'S of poor, 13. 

shall execute and affix city seal to deeds, Ord. 20. 
MAYOR AND ALDERMEN, with common council, to have the government 
of the city, 3. 

31 



242 INDEX. 

MAYOR AND ALDERMEN, may issue warrants for public meetings for mu- 
nicipal purposes, 6. 

executive power and administration of police vested in tlicm, 10. 

may appoint and remove police officers, 11, 47. 

may license innholders, victuallers and retailers, 11. 

sittings of, to be public, except, 12. 

shall prepare lists of voters previous to elections, 18. 

shall warn public meetings on requisition of fifty voters, 19. 

shall prepai'e lists of jurors, 25.- 

powers and duties in fire department matters, see Eire Department. 

may grant licenses for sale of gunpowder, and make rules for its storage and 
transportation, 37. 

may oblige owners of private streets to grade them properly, 48, 49, 50. 

may construct sidewalks, the abuttors to pay for the materials, 53. 

shall cause bounds to be placed, &c., 39. 

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, 36, but see 
page 41. 

may license city criers, Ord. 37. 
MEASURERS OF WOOD AND BARK, Ord. 3, 157. 
MEETINGS, PUBLIC, may be held for certain purposes, 19. 

shall be duly warned by the mayor on requisition of fifty voters, 19. 
MESSENGER, CITY, election and duties, Ord. 5. 

name and salary of, 188. 
MONIES, PUBLIC, (see Treasury, j city council may require bonds of persons 

receiving, keeping, or disbursing, 12. 
NUISANCES, act relating to suppression of, 65 — ("see Health). 

obstraction of passage upon the sidewalks, prohibited, Ord. 57. 
NIGHT SOIL, removal of, Ord. 60. 
OFEENSIVE TRADES, act relating to, 63. 
OFFICERS OF CITY, names of, 184, 214. 

subordinate officers elected by the city council, 11. 

duties of subordinate officers defined, and compensation fixed by city coun- 
cil, 11. 

penalty of, for neglect of duty in relation to elections, 40. 
ORDINANCES, manner of recording, Ord. 1. 

method of promulgation, Ord. 15. 

enacting style of, Ord. 19. 
OVERSEERS OF POOR, election of, 14, 24. 

names of, 189. 
PENALTIES, how to be recovered, 15. 

power of city council to impose, 21, 31. 



INDEX. 243 

PHYSICIAN, CITY, election and duties of, Ord. 48. 

name and salary of, 192. 

consulting, appointment of, Ord. 14, § 2. 
names of, 192. 
POLICE COURT, act establishing, 54. 

extent of jurisdiction and power of appeal, 54. 

salary of standing justice, 55. 

name of justice, and salary of, 193. 

court to be held daily, 55. 

justice to keep fair record of proceedings, 56. 

justice to account for fines, forfeitures, fees and charges, 56. 

special justices of court, 56. 
names of, 193. 

clerk of court may be elected by city council, 57. 

duties of clerk, 57. 
POLICE DEPARTMENT (see Police Court), administration of, in mayor 
■ and aldermen, 1 1 . 

police officers appointed and removed by mayor and aldermen, 11, 47. 

members of department, 193. 

amount annually paid for support of department, 211. 

city council may make by-laws, 31. 
POLLS, number of, 208. 
POOR, amount paid for support of, 210. 

joint committee on poor and almshouse, 187. 
POPULATION OF CITY, 209. 
POUND KEEPER, Ord. 3, 145. 
PRESIDENT OF COUNCIL, 9, 183. 
PRINTING, joint committee on, 187. 
PUBLIC PROPERTY, names of committee on, 185. 

duties of joint committee on, Ord. 22. 
QUORUM, majority of either branch of city government shall constitute, 4. 
RAILROADS, act relating to crossings, 44. 
REMOVAL OF BUILDINGS, regulations for, Ord. 52. 
REPRESENTATIVES, number how determined, 17. 

method of election, 17. 
ROADS, see Streets or Ways. 
ROXBURY, see City of Roxbury. 
RULES AND ORDERS (see Index to, p. 248}, of board of aldermen, 167. 

of common council, 169. 

of city council, 177. 
SCHOOL COMMITTEE, election of, 13, 24, but see 68. 

concerning vacancies in, 68. 

how vacancies in, shall be filled, 14, 24, 68. 

shall have care and superintendence of schools, 14. 

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. 



244 INDEX. 

SCHOOL COMMITTEE, may repair school houses, and provide articles, to 

the extent of fifty dollars, Ord. 22. 

names of, 196. 
SCHOOLS, shall be under superintendence of school committee, 13, 14. 

truant children and absentees, 46, Ord. 38. 

powers of school committee and committee on public property, iu relation to, 
Ord. 22. 

names of schools and teachers, 196, 197, 198, 199. 

amount annually paid for support of, in past years, 209. 
SEAL OF CITY, Ord. 18. 
SEALERS of leather, Ord. 3, 195. 

of weights and measures, 195. 
SEWERS, may be constructed by order of city council, 15. 
SIDEWALKS, act to regulate, 53. 

snow and ice to be removed from, Ord. 53. 

not to be obstracted by groups of persons, Ord. 57. 
SNOW AND ICE, to be removed from sidewalks, Ord. 53. 
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, 192. 
STABLES, regulations relative to, 47. 
STATUTES, printed, and subjects to which they relate — 

1845, ch. 197, steam engines, &c. — ("see 1852, ch. 191^. 

1847, ch. 166, power of cities, 31. 

1848, ch. 79, public cemetery, 32. 
ch. 98, ways, 36. 

ch. 156, gunpowder, 37. 

ch. 192, roads, 39. 

ch. 240, duties of city officers, neglect of, 40. 

ch. 278, balustrades, 40. 

1849, ch. 211, public healtii, 41— (see 1850, ch. 108, 1854, ch. 87). 
ch. 200, ways, 43. 

ch. 222, railroad crossings, 44. 

1850, ch. 294, truant children, 46— ("see 1852, ch. 283, 1853, ch. 343> 

1851, ch. 162, police officers, 47. 
ch. 319, stables, &c., 47. 

1852, ch. 18, public cemetery, 34. 

1853, ch. 141, streets, &c., in Roxbury, 48. 
ch. 315, grades of streets, &c., 50. 

1854, ch. 39, elections of city officers, plurality law, 52. 
ch. 419, fines for the use of cities, 52. 

1855, ch. 97, sidewalks (general act, ch. 43), 53. 
ch. 153, police court, 54. 

ch. 285, gunpowder, 62. 

ch. 287, by-laws of cities, 62. 

ch. 391, offensive trades, 63. 



INDEX. 245 

STATUTES, 1855, ch. 405, suppression of nuisances, 65. 

1856, ch. 15.7, election of civil officers, 66. 

1857, ch. 188, fire department, 67. 

ch. 266, vacancies in school committees, 68. 

1858, ch. 106, preservation of books, &c., 70. 

removal of snow and ice from sidewalks, 70. 
STATUTES, EECENT (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 FURNACES, act relating to, 58. 
STREETS, may be laid out by city council, first action by aldermen, 14. 
recovery of damages caused by laying out or altering, 12, 37, 43. 
record of, to be kept, Ord. 17. 
county commissioners shall provide permanent bounds for town and county 

roads, 39. 
act for the regulation of railroad crossings, 44. 
mayor and aldermen may oblige owners of private ways to keep them 

properly graded, 50. 
no street shall be opened of less width than thirty feet, 50. 
no street shall be acceped of less width than fifty feet, Ord. 41 . 
acceptance of, Ord. 54. 

new, not to be accepted unless 40 feet wide, Ord. 54. 
new, not to be accepted until gi'aded, Ord. 54. 
surveyors of highways, how elected, Ord. 3. 
names of, 189. 



246 INDEX. 

STREETS, no obstractions 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 be- 
havior required of passengers ; no horse, cattle, swine, «S;c., to go at 
large in ; blasting rocks prohibited within fifty rods of highways ; sepa- 
rate record of streets and highways to be kept by city clerk, ib. 

no gates to swing into street, Ord. 23. 

appointment and duties of commissioner of streets, Ord. 40. 

ordinance relative to the acceptance of streets, Ord. 41. 

members of joint committee on streets, 185. 

amount paid annually in past years for repairs of, 210. 
SURVEYORS, of highways, election of, Ord. 3. 

names of, 189. 

of lumber, Ord. 3, 
names of, 195. 
SWIMMING, when exposed to view, forbidden, Ord. 13, § 14. 
SWINE, not to be kept without a permit signed by the mayor, Ord. 59. 
TAXES, assessment and apportionment of, 13. 

annual amount in past years, 204, 205, 206, 207. 
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, 188. 
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, 46. 

may be punished by fine or committed to almshouse, Ord. 38. 
TYTHINGMEN, election of, Ord. 3. 

names of, 195. 
UNDERTAKER, appointed by mayor and aldermen, Ord. 12. 

duties of, and compensation, Ords. 12, 27. 

name of, 192. 
VALUATION OF ESTATES, 204. 

VAULTS, regulations concerning the emptying of, Ord. 39. 
VICTUALLERS, mayor and aldermen may license, 11. 
VOTERS, see Elections. 
WARDS, division of the city into, 28. 

description of wards, 201. 

may be altered, if necessary, once in five years, 4, 27. 

names of officers of, 200. 
WARDEN, election of, and term of office, 25. 

shall preside at ward meetings, 5. 

shall take and administer oath of office, 5. 

shall sign certificates of election, 7. 
WARD MEETINGS, how conducted, 5. 

form of warrants, Ord. 2. 



INDEX. 247 

WAKD MEETINGS, issue of warrants for, 60. 
WARD OFFICERS, instructions to, 161. 
WARD ROOMS, 202. 
WARRANTS, for public meetings, 6. 

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

compensation fixed by mayor and aldermen, Ord. 11. 

names and salaries of, 193. 
WAYS, city council may lay out, &c., 14. 

act relating to, town and private, 36. 
to laying out, 48. 
to those in Roxbury, 48. 
to grades of, 50. 

see Streets. 
WEIGHERS OF HAY, election of, Ord. 3. 

names of, 195. 
WOOD AND BARK, sale and measurement of, 15, Ord. 3. 

measurers of, 195. 



248 



INDEX 



INDEX TO RULES AND ORDERS. 

(The figures refer to the page.] 



BOARD OF ALDERMEN. 

Committees, appointed or elected, 168. 

standing committees, 168. 
Order of business, 167. 
Ordinances, passage of, 167. 

rejection, 168. 
Suspension of rules, 168. 

COMMOX COUNCIL. 

Committees, appointed or elected, 171. 
standing committees, 174. 
standing committees shall keep records 

oftheir proceedings, 176. 
organization of committees, 174. 
special committees to consist of three 
members, unless otherwise ordered, 
175. 
duty of committees to report within four 

weeks, 176. 
committee of whole, 174. 
Communications, reception of, 174. 
Division of question may be called, 173. 
Elections by ballot, 176. 
Members, rights and duties of, 172, 173. 
conduct of, 172. 

limit to speaking on one question, 172. 
obliged to vote unless specially excus- 
ed, 173. 
not obliged to act on more than three 
standing committees, 174. 
Motions, order of, 170. 

shall be reduced to writing if desired, 
173. 
Orders, passage of, 175. 
Ordinances, passage of, 175. 
President, rights and duties of, 169, 170, 171. 



President, proceedings in absence of, 169. 
Previous question, 171. 
Q,ue9tions, taking of, 171. 
Reconsideration of vote, 173. 
Resolutions, passage of, 175. 
Seats of members, 17.5. 
Sus|ienslon of rules, 173. 
Votes, declaration of, 1G9. 
Yeas and nays, may be called at request of one 
third of members present, 170. 



CITY COUNCIL. 

Committees, joint standing, 177. 

members of, chosen by re- 
spective boards, 178. 
chairmen of, 179. 
in relation to calling meet- 
ings of, 179. 
shall report within four 
weeks, 181. 
committees of conference, 179. 

proceedings In case of non- 
concurrence of, 179. 
regulations respecting action of commit- 
tees, 179. 
Debt, created by what vote, 182. 
Messages between boards, 181. 
Orders and resolutions, passage of in either 

board, 181. 
Ordinances, enacting style of, 179. 
titles of, to be prefixed, 180. 
passage of, 180. 
Transmission of papers from board to board, 

180. 
Votes, form of, 179. 

reconsideration of, 182.