BOSTON PUBLIC LIBRARY
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BOSTOl^
PUBLIC
tlBl^RY
J.H.BUFFORtfS LITH.3I3 WASHINGTON ST. BOSTON .
MUNICIPAL REGISTER,
CONTAINING THE
CITY CHAKTER, LAWS AND ORDINANCES,
AND RULES OF ORDER
CITY COUNCIL,
bt of tlje ®&tm of tlje Cit^ of lio^iurij,
FOR THE YEAR
I860.
BOSTON:
JOHN M. HEWES, PRINTEK
1860.
C^itif nf llnxliiini:*
In Common Cotjncil, April 30, 1860.
Ordered, That a Joint Special Committee of four from this Board, with such
as the Mayor and Aldermen may join, be appointed to prepare the Municipal
Rejrister for the year ensuing.
Passed, and the President, E. W. Bumstead, and Messrs. Woodbridge,
Sweat and Morse were appointed.
Sent up for concurrence.
FRANIiLIN WILLIAMS, aerlc.
In Board of Aldermen, April 30, 1860.
Concurred, and Aldermen Fowle and Prost added.
JOSEPH W. TUCKEE, City aerk.
CITY CHARTER.
COMMONWEALTH OF MASSACHUSETTS,
In tbe "Vear One Thousand I^iglit Hundred and Forty-Six.
An Act to Establish the City of Roxbury.
Be it enacted hy the Senate and House of Repre-
sentatives in General Court assembled, and hy the
authority of the same, as folloivs :
Section 1. The inhabitants of the town ofKoxburyto
be a city.
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, I'lft'str'
.-, -| ..,p^. p .,. vested in
prudential and municipal anairs ot said city, ^'f^;°^gn
with the government thereof, shall be vested inmonc°oun,cii.
one principal officer, to be styled the mayor;
one council of eight,* to be called the board of
aldermen ; and one council of twenty-four,-|- to
* One Alderman from each Ward and three at large. Amdt. of
1852, sec. 3.
t Council of twenty. Ibid.
4 CITYCHARTEK.
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-
wuhlmpay. ness, and no member of either board shall re-
ceive any compensation for his services.
dfvideThe *" Sect. 3. It shall be the duty of the select-
w^ds.°*° men of the town of Roxbury, 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 : firsts 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,
eve^'ry flvl""^ Aud it shall bc the duty of the city council,
cTuncu. '*^ 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 ; provided, hoivever, that
the second parish shall always constitute at
least one ward, and the third parish shall con-
* Five Wards. Amdt. of 1852, sec. 1.
CITYCHARTEE. C
stitute at least two wards, without any addition
of territory to either.
Sect. 4. On the second Monday in March * andVuues
•^ _ of Warden
annually, there shall be chosen by ballot, in|"dinsfec-
each of said wards, a warden, clerk, and three Elections.
inspectors of elections, residents of wards in
which they are chosen, who shall hold their
offices for one year,-|- and until others shall
have been chosen in their jDlaces, 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
* Secoud Monday of December. Amdt. 1850, sec. 1.
t And until others are chosen. Amdt. 1850, sec. 7.
6 CITY CH AETEE.
warden to the clerk and inspectors, or by any
justice of the peace for the county of Norfolk.
warfand*^"'" All warrauts for meetings of the citizens for
ings. municipal purposes, to be held either in 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.
S^Miyor Sect. 5. The mayor and eight aldermen,
Council! one 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 councilmen-j" shall be elected
from and by the voters of each ward, and shall
be residents of the wards in which they are
elected ; all said officers shall be chosen by bal-
lot, and shall hold their offices for one year
from the first Monday in April ;| and the
mayor, until another shall be elected and qual-
ified in his place.
r^wlrd"^' Sect. 6. On the second Monday in March,§
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.
I 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.
meetings.
CITYCHARTER. i
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 of^ESn!
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, however,
that if the choice of common councilmen can-
not be conveniently effected on that day, the
me&ting 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 allthe votes, or if the
person elected shall refuse to accept the ofiice,
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 vacaJw^'Tn
of the mayor, or his inability to perform the Mayor
* Other vacancies filled in like manner. Amdt. of 1850, sec. 3.
and Alder-
men.
Mayor's
oath.
CITY CHARTEE.
duties of his office, it shall be the duty of the
board of aldermen and the common council, in
convention, to elect a mayor for the time being,
to serve until another is chosen, or until the
occasion causing the vacancy is removed.
And if it shall appear that the whole number
of aldermen have not been elected, the same
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.
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.
coiveVuon ^^^ whcnevcr it shall appear that no mayor
Mayor"^ has bccu clcctcd previously to the said first
chosen. ■•• "^
Monday in April,* the mayor and aldermen for
the time being, shall make a record of that
fact 5 an attested copy of which the city clerk
* Eirst 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
aforesaid, the two boards shall separate ; and couucn.
the common comicil 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 ofMavT^
at first
the first Monda}^ of April,* the city govern- •"^'^^'^e-
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 prytem.
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 judge of"
■'• Elections
proceedings, and judge of the election of its mimbersV.
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- ^i^l%f
fied, shall be the chief executive officer of said
* First Monday of January. Amdt. of 1850, sec. 1.
2
10 CITYCHARTBR.
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 of&cers,
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.
compensa- The Salary of the mayor for the first year in
which this charter shall take effect, shall be six
hundred dollars, and no more ; his salary shall
afterwards be fixed by the city council, but
neither increased nor diminished during the
year for which he is chosen ; and he shall have
no other compensation : iwoiided^ lioivever, that
appointed tlic cltv council shall have power to appoint
Commis- '' ± J. x
Highways, the mayor commissioner of highways, when, in
their opinion, such an office is necessar}^, and
allow him a suitable compensation therefor.
Executive Sect. 8. Thc cxecutivc power of said city
power in tlie
ti^m^l 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 office until another is chosen. Amdt. of 1850, sec. 7,
and amdt. of 1852, sec. 3.
CITYCHARTER. 11
mayor and aldermen, as fully as if the same
were herein specially enumerated.
*And the mayor and aldermen shall haveroijf^e^
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 ofl&cers; and the same to re-
move at pleasure.
And the mayor and aldermen may require bonls.^"^^^'
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 i'i'=enses.
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 citv council shall annually, as soon after to appoint
their organization as may be convenient, elect,'
by joint ballot in convention, a treasui^er 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, aj)point 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 CITYCHARTEE.
S!t All sittings of the common council shall be
public, and all sittings of the mayor and alder-
men shall also be public, ^hen 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 biiildings, with
power to let, or to sell w^hat 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.
nomfnate. Sect. 9. lu all cascs lu 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
by the board of aldermen : provided, liowever,
Members of
City Council
not eiigible
to offices of
not eSe"^ that uo pcrsou shall be eligible to any office of
emolument. . eniolument, tlic 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
CITYCHARTEE. ' 13
of the board of aldermen, and shall be sworn to ^ft^'^^fi"^^..
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, o/thTpoor.
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 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 j^i^^^^s.
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.
Council
mav make
further pro-
vision for
collection of
Taxes.
Vacancies
liow tilled.
Highways.
Appeal
to County
Commission-
ers.
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.
The persons 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.
All taxes shall be assessed, apportioned and
collected in the manner prescribed by law rel-
ative to town taxes : provided, Jiotvever, that it
shall be lawful for the city council to establish
farther and additional provision for the collec-
tion thereof
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.
Sect. 12. The 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-
isfied with the decision of the city council in
the estimate of damages, may make complaint
CITYCHARTBR. 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 ^^''"^'•
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-^eTe7r
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 lfumber,° &cf
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- ^j^°^^^^tjfff
ties, accruing for the breach of any by-laws of &c.^ ^'^*'
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 CITYCHARTER.
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-
CITY CHARTER.
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-
cordins; 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 Representa-
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, proceedings
at and after
and United States officers, who are voted for ™|^t'|^\f J°^
by the people, shall be held at meetings of the ^jfj^e/a'"'!
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,
18 CITYCHARTER.
and the number of votes given for each, to be
written in the ward record in words at length.
The ward clerk shall forthwith deliver to the
city clerk a certified copy of the record of such
elections. The city clerk shall forthwith record
such returns, and the mayor and aldermen shall
within two days after every such election, 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.
Voters 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 purpose they shall have full access
to the assessors' books and lists, and be entitled to
the assistance of all assessors, assistant assessors,
and the city officers, and they shall deliver said
lists, so ^^repared and corrected, to the clerks
of said wards, to be used at such elections ; and
CITYCHARTER. 19
no person shall be entitled to vote whose name
is not borne on such list.
Sect. 19. General meetings of the citizens Meetin_gs of
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^ation''om'e
system of government hereby established, andmeht.
putting the same into operation in the first in-
stance, the selectmen of the town of Roxbury
for the time being, shall, oh 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 dut}^^ 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 provided to the several per-
sons elected. And at said first meeting, any
inhabitant of said ward, being a legal voter,
may call the citizens to order, and preside until
a warden shall have been chosen. And at said
first meeting, a list of voters in each ward, 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 necessary city officers, who shall hold their
offices respectively until others are chosen and
CITYCHARTER. 21
qualified ; and at the meetings to be called, as
prescribed in this section, for the choice of ward
and city of&cers, the said inhabitants may, and
shall, also give in their votes for county 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 f^"^'';?/;^^
to make all such salutary and needful by-laws, mX'''
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 ;
provided, Jioivever, 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 ^^l^^y^"^"
town of Roxbury, which by law is required to ^^^1"^^^ '
^ ■^ " J- town officers
be held in the month of March, or April, is ^c!'"'" °T'
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-
?fitecJJ<ifto bury, having the care and custody of any rec-
city Clerk. ^^^^^ papcrs Or proj)erty belonging to said
town, shall deliver the same to the city clerk,
within one week after his entering upon the
duties of his office.
Sfisfent Sect. 24. All such acts, and parts of acts, as
provisions. ^^^ inconsistent with the provisions of this act,
shall be, and the same are hereby repealed.
miyinev'' ^ECT. 25. Nothlug lu tlils act contained shall
twsl™t?° be so construed as to prevent the Legislature
from altering or amending the same, whenever
they shall deem it expedient.
Act to be Sect. 26. This act shall be void, unless the
void unless ^
by^the'*''' inhabitants of the town of Roxbury, at a legal
inhabitants. . •/ ^ o
town meeting called for 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,
^kl effect. Sect. 27. This act shall go into operation
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 meeting of the Freeholders and other Inhabi-
tants of the Town of Roxbury, qualified to vote in
Town affairs, duly warned and legally assembled at
the Town Hall, in said town, on Wednesday, the
twenty-fifth day of March, A. D. 1846.
Art. 1. John J. Clarke, Esq., was chosen Moderator.
The Town voted that the Poll be closed at six
o'clock this day.
Art. 2. The qualified voters were called upon by
the Moderator to bring in their ballots. Yea or Nay,
for the acceptance or rejection of the Act of the 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 twentv-eight.
Eight hundred and thirty-six Yeas.
One hundred and ninety-two Nays.
Whereupon the Moderator then declared that the
" Act to Establish the City of Roxbury," had been
accepted by the people.
The meeting was then dissolved.
A true Record.
Attest: Nath'l S. Prentiss, Town Clerh.
August 31, 1846. A true copy from the Record.
Joseph W. Tucker, City CkrJc.
AMEl^DMENT.
COMMONWEALTH OF MASSACHUSETTS.
In the 'X'ear One Xhousand Sight Snndred and fifty.
An Act in addition to an Act to establish the City
of Roxbury.
Be it enacted hij the Senate and House of Representatives
in General Court assembled, and l)y the authority of the
same, as folloivs :
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 Roxbury,
shall be prepared by the mayor and aldermen of the
city, in the same manner as is required in the ninety-
fifth chapter of the Revised Statutes, to be done by
the. selectmen, within and for their respective towns ;
and the lists, when made out by the mayor and 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.]
4
26 ACCEPTANCE OF THE AMENDMENT
ACCEPTANCE OF 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 Roxbury," passed February 12, 1850, submit
the following report :
The whole number of ballots given in the several
wards was one hundred and twenty-four.
For the amendment to the City Charter, one hundred
and fifteen ; against the amendment, nine.
No return was received from Ward Seven.
C. Young ) „
^y Committee.
R. Ward, )
Report read and accepted, and the amendment de-
clared to be adopted.
A true copy from the Record.
Attest, Joseph W. Tucker, Citi/ Clerk.
AMENDMENT.
COMMONWEALTH OF MASSACHUSETTS
In the T^ear One Thousand i:ieht Hundred and Fifty-Xwo.
An Act in further addition to an Act to establish the
City of Roxburj.
Be it enacted hy the Senate and House of Representatives
in General Court assembled^ and hy the authority of the
same, as follows :
Sect. 1. The 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 cit};^ 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, qualified to vote in elections, duly warned and
legally assembled at the City Hall in said city, on
Monday, the twenty-third day of February, 1852.
Art. 1. Laban S. Beecher, Esq., was chosen 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 Cleric.
STATE LAWS
SPECIAL ACTS.
An Act relating to a Public Cemetery in the City of
Roxbury.
Be it enacted hy the Senate and House of Representatives
in General Court assembled, and hy the aidhority of the
same, as follotvs :
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-
32 STATELAWS.
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 number, and
a major part of said board shall constitute a quorum
for the exercise of the powers and the performance of
the duties of said office. And the term for which the
several members of the first Board of Commissioners
shall hold their office, shall be determined by the City
Council as follows : The Commissioner first chosen,
shall hold his office for five years ; the Commissioner
next chosen, shall hold his office for four years ; the
Commissioner next chosen, shall hold his office for
three years ; the 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 Eoxbury, 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-
STATE LAWS
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
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.]
5
34 STATELAWS.
An Act in addition to an Act relating to a Public
Cemetery in the City of Roxbury.
Be it enacted, &c., as folloivs :
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,
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 jDro-
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
STATE LAWS
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 deposites are made.
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.]
[Accepted by the City Council.]
36 STATELAWS.
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 keep or have, in any build-
ing or other place, within one hundred and fifty yards
of any wharf or main land, in the City of Roxbury,
any quantity of gunpowder exceeding twenty-five
pounds, except in the discharge of military duty, or as
hereinafter provided.
Sect. 2. The Mayor and Aldermen of said City of
Roxbury may grant licenses for the sale of gunpowder
in said city, which shall continue in force one year,
unless sooner annulled by said Mayor and Aldermen ;
and said Mayor and Aldermen may at any time
annul said licenses for good cause ; and said Mayor
and Aldermen may at any time within the year for
which the said license may be granted, or from year
to year, renew the same. For each original license
there shall be paid a fee of five dollars, and for each
renewal thereof a fee of one dollar, to be paid to the
Treasurer of said city.
Sect. 3. The Mayor and Aldermen may make and
establish rules and regulations relative to the times
and places of transporting gunpowder in, through,
and over said city, or any part thereof, either by land
or water ; the kind of carriages, boats, ships or vessels,
in and by which the same shall be transported ; the
manner in which 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-
STATELAWS. 37
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 cit}", 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 eigteenth 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 pro-
ceedings may conveniently be applied to the article
of gunpowder ; and all the provisions of that portion
of said chapter above referred to shall be in force in
relation to the seizure of gunpowder as above provid-
ed, as fully as if the article of gunpowder were specially
mentioned therein.
Sect. 6. Either of the Ens-ineers 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
38 STATE LAWS.
eight public places in said city, and published in one
or more newspapers printed in the County of Norfolk,
and amono; the reofular rules and ordinances of said
city.
[Approved by the Governor, April 21, 1848.]
An Act in addition to an Act to Regulate the Storage "
and Transportation of Gunpowder in the City of
Roxbury.
Be it enacted, &c., as follotvs :
Sect. 1. Whenever by virtue of an act to regulate
the storage and transportation of gunpowder in the
City of Roxbury, passed the twenty-first day of April,
in the year eighteen hundred and forty-eight, any 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.
Sect. 2. This act shall take effect from and after its
passage.
[Approved by the Governor, May 3, 1855.]
An Act concerning Streets and Ways in the City of
Roxbury.
Be it enacted, &c., asfolloivs :
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
STATELAWS. 39
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
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^ always, 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
40 STATELAWS.
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. J
An Act relating to the Fire Department of the City of
Roxbury.
Be it enacted, &c., as follows :
Sect, 1. The Engineers of the Fire Department of
the City of Roxbury, shall have the same authority in
regard to the prevention and extinguishment of fires,
and the 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,
in compliance with any ordinance of said cit}^, 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, accept
the same within sixty days from and after its passage.
[Approved by the Governor, May 18, 1857.1
[Accepted by the City Council, July 6, 1857.]
STATBLAWS. 41
An Act in relation to Sidewalks in the City of Roxbury.
Be it enacted, &c., as foUoivs :
Sect. 1. The Mayor and Aldermen of the city of
Roxbury are hereby authorized and empowered to con-
struct sidewalks in any of the streets in said city, and
to furnish all edge stones for the same, and to assess
the expense of all such edge stones upon the owners of
land abutting on the sidewalks so constructed, in pro-
portion to the length of lines of their respective es-
tates ; and said owners shall be bound and obliged to
pay the amounts so assessed : and in case any such
owner or owners shall refuse to pay the amounts so
assessed, within such time as said Mayor and Aldermen
shall designate, then such amount or amounts may be
recovered by an action of contract, to be brought by
said City of Roxbury before any court or tribunal hav-
ing competent jurisdiction in the premises.
Sect. 2. All acts or parts of acts inconsistent here-
with, are hereby repealed.
Sect. 3. This act shall take effect from its passage.
[Approved by the Governor, April 4, I860.]
42 S T A T E L A W S
GENERAL ACTS.
Of certain Powers and Duties of Cities.
Section 1. The several cities shall continue to have
and exercise all the powers and privileges, and be sub-
ject to all duties and liabilities mentioned in the acts
establishing such cities and in the several acts relating
thereto.
Sect. 2. Chapter eighteen and all other laws re-
lating to towns, shall apply to cities so far as they are
not inconsistent with the general or special provisions
relating thereto ; and cities shall be subject to the lia-
bilities, and City Councils shall have the powers of
towns ; the Mayor and Aldermen shall have the pow-
ers and be subject to the liabilities of Selectmen, and
the city clerks, treasurers, and other city officers, those
of corresponding town officers, if no other provisions
are made in relation thereto.
. Sect. 3. The Mayor of a city may, with consent of
the Board of Aldermen, remove from office a constable
for gross misconduct.
Sect. 4. At the first election held after a new divis-
ion of wards in a city, the ward officers chosen under the
preceding division shall officiate in the numerical ward
for which they were chosen, and shall continue to act
there until others are chosen . and qualified in their
stead.
Sect. 5. Officers chosen at a meeting called by the
Mayor and Aldermen of a city, after such new division
into wards, shall hold their "offices until the next an-
STATELAWS. 43
nual meeting, and until others are chosen and qualified
in their stead.
Sect. 6. If, at or after the time for the Mayor and
Aldermen of a city to enter upon the discharge of
their duties, it appears that the Mayor or the full num-
ber of Aldermen are not elected, such of said officers
as are elected shall issue warrants for the election of a
Mayor or such Aldermen as may be necessary. If
neither of said officers is elected, the President of the
Common Council shall issue such warrants.
Sect. 7. If by reason of non-election there is no
Mayor of a city, the Chairman of the Board of Alder-
men shall discharge the duties of the office until a
Mayor is chosen and sworn in.
Sect. 8. When it appears to the Mayor and Alder-
men, that there is a vacancy either in their board,
the Common Council, or any city or ward office, to be
filled by popular election, they shall issue their war-
rant for elections to fill such vacancy at such time and
place as they deem advisable.
Sect. 9. Ward officers authorized to act at elec-
tions, shall attend and perform their respective duties
at the times and places appointed for elections of offi-
cers, whether of the United States, State, City or
Wards, and shall make and sign the regular returns
of the same. If a ward officer is absent from a meet-
ing, the office may be filled pro tempore^ by the voters
present, by nomination and hand vote if they so de-
termine.
Sect. 10. City officers who were residents of the
ward at the time of their election, shall discharge the
duties of their offices notwithstanding their removal
aftewards into any other ward of the city.
44 STATELAWS.
Sect. 11. The five preceding sections shall be in
force in those cities only which have adopted chapter
two hundred and seventeen of the statutes of eighteen
hundred and forty-five, or which shall adopt said
sections.
Sect. 12. The Mayor and any Alderman or member
of the Common Council of a city which has adopted
chapter seventy of the statutes of eighteen hundred
and fifty-one, or which shall adopt this section, may at
the same time hold any other office under the city
government to which he may be chosen, except one of
emolument.
Sect. 13. The City Council of each city may make
such rules and regulations for the erection and main-
tenance of balustrades, or other projections upon the
roofs or sides of buildings therein, as the safety of the
public requires, with penalties for the violation thereof,
not exceeding twenty dollars for each oflFence ; but no
such rule or regulation shall take effect until the same
has been published at least sixty days in some newspa-
per printed in the city or in the county in which the
city is situated.
Sect. 14. The Mayor and Aldermen of a city may
make rules and orders for the regulation of all car-
riages and vehicles used either wholly or in part there-
in, whether with or without animal power, with penal-
ties for violations thereof, not exceeding twenty dollars
for one offence ; and may receive annually one dollar
and no more for each license, granted by them to a
person to set up and use any carriage or vehicle within
such city. Such rules shall not take effect until they
have been published at least one week in some news-
paper published in the city or in the county in which
STATBLAWS. 45
the city is situated. This section shall not impair
the right of a city to make by-laws relating to the
subject
Sect. 15. The City Marshal or other principal po-
lice officer, or the City Treasurer, may prosecute for
all fines and forfeitures which may inure to the city or
the poor thereof, and may also prosecute for trespasses
committed on any public building or enclosure within
the limits of the city.
Sect. 16. No new division of wards in any city
comprising more than one representative district, shall
be made previously to the next apportionment of sen-
ators and representatives.
Sect. 17. In laws relating to cities, the words Mayor
and Aldermen shall in their application to the City of
Boston, unless provision is otherwise made, be con-
strued to mean Board of Aldermen.
[Revised Statutes, Chap. 19.]
Of the Boundaries of Highways and other Public
Places, and Encroachments thereon.
-?
Sect, 1. Where buildings or fences have been
erected and continued for more than twenty years,
fronting upon or against a training field, burying place,
common landing place, highway, private way, street,
lane, or alley, and from the length of time or other-
wise the boundaries thereof are not known, or cannot
be made certain by the records or by monuments, such
fences or buildino-s shall be deemed and taken to be
the true boundaries thereof When such boundaries
can be made certain, no length of time, less than forty
years, shall justify the continuance of a fence or build-
46 STATELAWS.
ing on a town or private way, or on a highway, train-
ing field, burying place, landing place, or other land
appropriated for the general nse or convenience of the
inhabitants of the Commonwealth, or of a county,
town, or parish ; but the same may upon the present-
ment of a grand jury be removed as a nuisance.
Sect. 2. The limitations of time prescribed in the
jDreceding section shall take effect from and after the
thirty-first day of December in the year one thousand
eight hundred and thirty-nine.
Sect. 3. When a building, fence, or other encum-
brance, erected or continued on a town or private way,
or on a highway, training field, burying place, landing
place, or other land appropriated for the general use
or convenience of the inhabitants of the Commonwealth,
or of a county, town, or parish, is adjudged a nuisance
and ordered to be abated, and the materials, upon a
sale thereof by auction, shall be insufficient to pay the
costs and charges of prosecution and removal, the
court may order the deficient sum to be raised and
levied from the goods and chattels of the party con-
victed of erecting or continuing such nuisance.
Sect. 4. Any person may take down and remove
gates, rails, bars, or fence [s], upon or across a highway,
unless the same have been there placed for the pur-
pose of preventing the spreading of a disease danger-
ous to the public health, or have been erected or con-
tinued by the license of the County Commissioners or
of the Selectmen of the town ; in which case a person
aggrieved by such taking down and removal may apply
to the Commissioners, or Selectmen, respectively, who
may order the same to be replaced.
Sect. 5. If fence [s], gates, rails, or bars are upon or
S T A T E L A W S . 47
across a town way or private way, the same may be
removed by the order of a Justice of the Peace, unless
the same are there placed for the purpose of prevent-
ing the sj)reading of a disease dangerous to the public
health, or unless the same are erected or continued by
license of the town, or of the person for whose use
such private way was laid out ; and a person aggrieved
by such removal may apply to the Commissioners ;
and if upon examination it appears that the same were
erected or continued by license as aforesaid, the Com-
missioners shall order them to be replaced.
Sect. 6. The Mayor and Aldermen, Selectmen, or
any municipal officer of a city or town to whom the
care of the streets or roads may be intrusted, may au-
thorize the planting of shade trees therein, wherever
it may not interfere with the public travel or with pri-
vate rights ; and shade trees standing and trees planted
pursuant to such license shall be deemed and taken to
be the private property of the person so planting
them, or upon whose premises they stand or are
planted, and shall not be deemed a nuisance ; but upon
complaint made to the Mayor and Aldermen, or Select-
men, they may cause such trees to be removed at the
expense of the owner thereof, if the public necessity
seems to them so to require.
Sect. 7. Whoever wantonly injures, defaces, tears,
or destroys, an ornamental or shade tree, or shrub,
statue, fountain, vase, or other plant or fixture of
ornament or utility, in a street, road, square, court,
park, public garden, or other enclosure, shall forfeit not
less than five nor more than one hundred dollars, to
be recovered by complaint, one-half to the complain-
ant and the other half to the use of the person upon
48 STATELAWS.
whose property, or within whose premises, the trespass
was committed.
Sect. 8. Whoever negligently or carelessly suffers
any horse or other beast driven by or for him, or any
beast belonging to him and lawfully on the highway,
to break down, destroy or injure any tree not his own,
standing for use or ornament on said highway, or neg-
ligently or wilfully by any other means breaks down,
destroys, or injures any such tree, shall be subject to
an action for damages, at the suit of the owner or ten-
ant of the land in front of which the tree stands.
Sect. 9. In a city in which the City Council, and
in a town in which the inhabitants, have accepted this
section, the Mayor and Aldermen or Selectmen may
set out and maintain shade trees upon the public
squares and highways, at the expense of such city or
town, which may appropriate annually, for that pur-
pose, a sum not exceeding twenty-five cents for each
of its ratable polls in the year next preceding that in
which such appropriation is made.
[Revised Statutes, Chap. 46.]
Of the Preservation of the Public Health.
Sect. 1. A town respecting which no provision is
made by special law for choosing a Board of Health,
may, at its annual meeting or at a meeting legally
warned for the purpose, choose a Board of Health, to
consist of not less than three nor more than nine per-
sons; or may choose a Health Officer. If no board or
officer is chosen the Selectmen shall be the Board of
Health.
STATELAWS. 49
Sect. 2. Except where diflferent provision is made
by law, the City Council of a city may appoint a Board
of Health ; may constitute either branch of such coun-
cil, or a joint or separate committee of their body,
a Board of Health, either for general or special pur-
poses, and may prescribe the manner in which the
powers and duties of the board shall be exercised and
carried into effect. In default of the appointment of a
board with full powers, the City Council shall have the
powers and perform the duties prescribed to Boards of
Health in towns.
Sect. 3. Every Board of Health may appoint a
physician to the board, who shall hold his office during
its pleasure.
Sect. 4. The board shall establish the salary or
other compensation of such physician, and shall regu-
late all fees and charges of persons employed by it in
the execution of the health laws and of its own reg-
ulations.
Nuisances, Contagion, &c.
Sect. 5. The board shall make such regulations as
it judges necessary for the public health and safety, re-
specting nuisances, sources of filth, and causes of sick-
ness, within its town, or on board of vessels within its
harbor ; and respecting articles which are capable of
containing or conveying infection or contagion, or of
creating sickness, brought into or conveyed from its
town, or into or from any vessel. Whoever violates
any such regulation shall forfeit a sum not exceeding
one hundred dollars.
Sect. 6. Notice shall be given by the board of all
regulations made by it, by publishing the same in some
7
50 STATELAWS.
newspaper of its town, or where there is no such news-
paper, by posting them up in some public place in the
town. Such notice shall be deemed legal notice to all
persons.
Sect. 7. The board shall examine into all nuisances,
sources of filth, and causes of sickness, within its town,
or in any vessel within the harbor of such town, that
may in its opinion be injurious to the health of the in-
habitants, and the same shall destroy, remove, or pre-
vent, as the case may require.
Sect. 8. The board or the Health Officer shall order
the owner or occupant at his own expense to remove
any nuisance, source of filth, or cause of sickness, found
on private property, within twenty-four hours or such
other time as it deems reasonable after notice served
as provided in the following section ; and if the owner
or occupant neglects so to do, he shall forfeit a sum
not exceeding twenty dollars for every day during
which he knowingly permits such nuisance or cause of
sickness to remain after the time prescribed for the re-
moval thereof
Sect. 9. Such order shall be made in writing, and
served by any person competent to serve a notice in a
civil suit, personally on the owner, occupant, or his au-
thorized agent ; or a copy of the order may be left at
the last and usual place of abode of the owner, occu-
pant, or agent, if he is known and within the State.
But if the premises are unoccupied and the residence
of the owner or agent is unknown or without the
State, the notice may be served by posting the same
on the premises and advertising in one or more public
newspapers in such maimer and for such length of
time as the board or Health Officer may direct.
STATELAWS. 61
Sect. 10. If the owner or occupant fails to comply
with such order, the board may cause the nuisance,
source of filth, or cause of sickness, to be removed, and
all expenses incurred thereby, shall be paid by the
owner, occupant, or other person who caused or per-
mitted the same, if he has had actual notice from the
Board of Health of the existence thereof
Sect. 11. The board, when satisfied upon due ex-
amination that any cellar, room, tenement, or building,
in its town, occupied as a dwelling place, has become
by reason of the number of occupants, or want of
cleanliness, or other cause, unfit for such purpose and
a cause of nuisance or sickness to the occupants or the
public, may issue a notice in writing to such occupants,
or any of them, requiring the premises to be put into
a proper condition as to cleanliness, or if they see fit,
requiring the occupants to remove or quit the prem-
ises within such time as the board may deem reason-
able. If the persons so notified, or any of them, neg-
lect or refuse to comply with the terms of the notice,
the board may cause the premises to be properly
cleansed at the expense of the owners, or may remove
the occupants forcibly and close up the premises, and
the same shall not be again occupied as a dwelling
place without the consent in writing of the board. If
the owner thereafter occupies or knowingly permits
the same to be occupied without such permission in
writing, he shall forfeit a sum not less than ten nor
more than fifty dollars.
Sect. 12. When a person is convicted on an indict-
ment for a common nuisance injurious to the public
health, the court in their discretion may order it to be
removed or destroyed at the expense of the defend-
52 STATELAWS.
ant, under the direction of the Board of Health ; and
the form of the warrant to the sheriff or other officer
may be varied accordingly.
Sect. 13. The Superior Court, or a Justice thereof
in term time or vacation, may, either before or pend-
ing a prosecution for a common nuisance affecting the
public health, issue an injunction to stay or prevent
the same until the matter shall be decided by a jury
or otherwise ; may enforce such injunction according
to the course of proceedings in chancery ; and may dis-
solve the same when the Court or one of the Justices
shall think proper.
Sect. 14. When the board think it necessary for
the preservation of the lives or health of the inhabi-
tants, to enter any land, building, or vessel, within its
town, for the purpose of examining into and destroy-
ing, removing, or preventing, any nuisance, source of
filth, or cause of sickness, and shall be refused such
entry, any member of the board may make complaint
under oath to two Justices of the Peace of the county,
stating the facts of the case so far as he has knowledge
thereof, and the Justices may thereupon issue a war-
rant directed to the sheriff or either of his deputies, or
to any constable of such town, commanding him to
take sufficient aid, and being accompanied by any two
or more members of said board, at any reasonable time
to repair to the place where such nuisance, source of
filth, or cause of sickness, complained of may be, and
the same to destroy, remove, or prevent, under the di-
rections of such members of the board.
Sect. 15. The board may grant permits for the re-
moval of any nuisance, infected articles, or sick person,
STATELAWS. 53
within the limits of its town, when it thinks it safe and
proper so to do.
Sect. 16. When any person coming from abroad
or residing in any town in this State is infected, or
lately has been infected, with the plague or other sick-
ness dangerous to the public health, except as is other-
wise provided in this chapter, the board shall make
effectual provision in the manner which it judges
best for the safety of the inhabitants, by removing such
person to a separate house or otherwise, and by pro-
viding nurses and other assistance and necessaries,
which shall be at the charge of the person himself, his
parents, or master, if able, otherwise at the charge of
the town to which he belongs ; and if he is not an in-
habitant of any town, at the charge of the Common-
wealth.
Sect. 17. If the infected person cannot be removed
without danger to his health, the board shall make pro-
vision for him as directed in the preceding section in
the house in which he may be ; and may cause the
persons in the neighborhood to be removed, and take
such other measures as it judges necessary for the
safety of the inhabitants.
Sect. 18. The Board of Health of any town near to
or bordering upon either of the neighboring States,
may appoint, by writing, suitable persons to attend at
places by which travellers may pass from infected
places in other States ; who may examine such travel-
lers as it suspects of bringing any infection dangerous
to the public health, and if need be may restrain them
from travelling until licensed thereto by the Board of
Health of the town to which such person may come.
A traveller coming from such infected place who shall
64 STATELAAVS.
without such license travel within this state, (except
to return by the most direct way to the state from
wdience he came) after he has been cautioned to de-
part by the persons so appointed, shall forfeit a sum
not exceeding one hundred dollars.
Sect. 19. Two Justices of the Peace may if need be
make out a warrant directed to the sheriff of the coun-
ty, or his deputy, or to any constable, requiring them
under the direction of the board to remove any person
infected with contagious sickness, or to impress and
take up convenient houses, lodging, nurses, attendants,
and other necessaries, for the accommodation, safety,
and relief, of the sick.
Sect. 20. When, upon the application of the board,
it appears to a Justice of the Peace that there is just
cause to suspect that any baggage, clothing, or goods,
found within the town, are infected with the jDlague or
other disease which may be dangerous to the public
health, the justice shall, by warrant directed to the
sheriff or his deputy, or to any constable, require him
to impress so many men as said justice may judge ne-
cessary to secure such baggage, clothing, or other
goods, and to post said men as a guard over the house
or place where such articles are lodged ; wdio shall
take effectual care to prevent persons from removing
or coming near the same, until due inquiry is made
into the circumstances.
Sect. 21. The justice may by the same warrant, if
it appears to him necessary, require the officers, under
the direction of the board, to impress and take wp con-
venient houses or stores for the safe keeping of such
articles -, and the board may cause them to be removed
STATELAWS. 55
thereto, or otherwise detained, until, in the opinion of
the board, they are freed from infection.
Sect. 22. The officers, in the execution of the war-
rant, shall if need be break open any house, shop, or
other place, mentioned in the warrant, where such ar-
ticles are ; and may require such aid as is necessary to
effect the execution of the warrant. Whoever neglects
or refuses to assist in the execution of the warrant, af-
ter being commanded to assist by either of said officers,
shall forfeit a sum not exceedino- ten dollars.
Sect. 23. The charges of securing such articles, and
transporting and purifying the same, shall be paid by
the owners, at such rates and prices as may be deter-
mined by the board.
Sect. 24. When a sheriff or other officer impresses
or takes up any houses, stores, lodging, or other neces-
saries, or impresses men, as provided in this chapter,
the several parties interested shall be entitled to a just
compensation therefor, to be paid by the town in which
such persons or property are so impressed.
Sect. 25. When a person confined in a common
jail, house of correction, or workhouse, has a disease
which, in the opinion of the physician of the board or
of such other physician as it may consult, is dangerous
to the safety and health of other prisoners or of the
inhabitants of the town, the board shall by its order
in writing direct the removal of such person to some
hospital or other place of safety, there to be provided
for and securely kept so as to prevent his escape until
its further order. If such person recovers from the
disease he shall be returned to said prison or other
place of confinement.
Sect. 26. If the person so removed is committed
56 STATELAWS.
by order of court or under judicial process, the order
for his removal, or a copy thereof attested by the pre-
siding member of the board, shall be returned by him,
with the doings thereon, into the office of the clerk of
the court from which the process of commitment was
issued. No prisoner so removed shall thereby commit
an escape.
Vaccination.
Sect. 27. Parents and guardians shall cause their
children and wards to be vaccinated before they attain
the age of two years, and re vaccinated whenever the
Selectmen or Mayor and Aldermen shall after five
years from the last vaccination require it. For every
year's neglect the party offending shall forfeit the sum
of five dollars.
Sect. 28. The Selectmen and Mayor and Aldermen
shall require and enforce the vaccination of all the in-
habitants, and, whenever in their opinion the public
health requires it, the re vaccination of all the inhab-
itants who do not prove to their satisfaction that they
have been successfully vaccinated or revaccinated
within five years. All persons over twenty-one years
of age, not under guardianship, who neglect to comply
with any such requirement, shall forfeit the sum of five
dollars.
Sect. 29. Towns shall furnish the means of vaccina-
tion to such of their inhabitants as are unable to pay
for the same.
Sect. 30. Incorporated manufacturing companies ;
superintendents of almshouses, state reform, and indus-
trial schools, lunatic hospitals, and other places where
the poor and sick are received ; masters of houses of
correction, jailers, keepers of prisons, the warden of
STATELAAVS. 57
the state prison ; and superintendents or officers of all
other institutions supported or aided by the state ; shall
at the expense of their respective establishments or
institutions cause all inmates thereof to be vaccinated
immediately upon their entrance thereto, unless they
produce sufficient evidence of previous successful vac-
cination within five years.
Sect. 31. Each town may make further provision
for the vaccination of its inhabitants, under the direc-
tion of the board or a committee chosen for the pur-
pose.
Offensive trades.
Sect. 52. The board shall 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 dangerous to the public health, or the exer-
cise of which is attended by noisome and injurious
odors, or is otherwise injurious to their estates, and
may prohibit the exercise of the same in places not so
assigned ; the board may also forbid the exercise of
such trade or employment within the limits of the town
or in any particular locality thereof All such assign-
ments shall be entered in the records ; and may be re-
voked when the board shall think proper.
Sect. 53. When it appears on a trial before the Su-
perior Court for the county, upon a complaint made
by any person, that any place or building so assigned
has become a nuisance, by reason of offensive smells or
exhalations proceeding from the same, or is otherwise
hurtful or dangerous to the neighborhood or to travel-
lers, the court may revoke such assignment and pro-
hibit the further use of such place or building for the
exercise of either of ml aforesaid trades or employ-
58 STATE LAWS.
ments, and may cause such nuisance to be removed or
prevented.
Sect. 54. A person injured either in his comfort or
the enjoyment of his estate hy such nuisance, may have
an action of tort for the damage sustained thereby.
Sect. 55. Orders of prohibition under section fifty-
two shall be served upon the occupant or person hav-
ing charge of the premises where such trade or em-
ployment is exercised. If the party upon whom such
order is served, for twenty-four hours after such service
refuses or neglects to obey the same, the board shall take
all necessary measures to prevent such exercise ; and
the person so refusing or neglecting shall forfeit a sum
not less than fifty nor more than five hundred dollars.
Sect. 56. Any person aggrieved by such order may
appeal therefrom, and shall within three days from the
service thereof upon him apply to the Superior Court,
if in session in the county where such order is made,
or in vacation to any justice of said court, for a jury ;
and such court or justice shall issue a warrant for a
jury, to be impanelled at a time and place expressed
in the warrant, in the manner provided in regard to
the laying out of highways.
Sect. 57. During the pendency of the appeal such
trade or employment shall not be exercised contrary
to the order ; and upon any violation of the same the
appeal shall forthwith be dismissed.
Sect. 58. The verdict of the jury, which may either
alter the order, or affirm or annul it in full, shall be
returned to the court for acceptance as in case of
highways ; and said verdict when accepted shall have
the authority and effect of an original order from
which no appeal had been ta^jpn.
STATE LAWS. 59
Sect. 59. If the order is affirmed by the verdict,
the town shall recover costs against the appellant ; if
it is annulled, the appellant shall recover damages and
costs against the town ; and if it is altered, the court
may render such judgment as to costs as in their dis-
cretion may seem just.
Sect. 60. The provisions of this chapter extend to
cities so far as the same are not inconsistent with their
several charters or acts in amendment thereof
[Revised Statutes, extracts from Chap. 26.]
Of the Attendance of Children in the Schools.
Sect. 1. Every person having under his control a
child between the ages of eight and fourteen years,
shall annually during the continuance of his control
send such child to some public school in the city or
town in which he resides, at least twelve weeks, if the
public schools of such city or town so long continue,
six weeks of which time shall be consecutive ; and for
every neglect of such duty the party offending shall
forfeit to the use of such city or town a sum not ex-
ceeding twenty dollars : but if it appears upon the in-
quiry of the truant officers or school committee of
any city or town, or upon the trial of any prosecution,
that the party so neglecting was not able, by reason of
poverty, to send such child to school, or to furnish him
with the means of education, or that such child has
been otherwise furnished with the means of education
for a like period of time, or has already acquired the
branches of learning taught in the public schools, or
that his bodily or mental condition has been such as to
60 STATELAWS.
prevent his attendance at school or apphcation to study
for the period required, the penalty before mentioned
shall not be incurred.
Sect. 2. The truant officers and the school com-
mittees of the several cities and towns shall inquire
into all cases of neglect of the duty prescribed in the
preceding section ; and ascertain from the persons neg-
lecting, the reasons if any therefor ; and shall forthwith
give notice of all violations, with the reasons, to the
treasurer of the city or town • and if such treasurer
wilfully neglects or refuses to prosecute any person
liable to the penalty provided for in the preceding sec-
tion, he shall forfeit the sum of twenty dollars.
Sect. 3. All children within the commonwealth may
attend the public schools in the place in which they
have their legal residence, subject to the regulations
prescribed by law.
Sect. 4. The school committee shall determine the
number and qualifications of the scholars to be admit-
ted into the school kept for the use of the whole town.
Sect. 5. Children living remote from any public
school in the town in which they reside, may be
allowed to attend the public schools in an adjoining
town, under such regulations, and on such terms, as
the school committees of the said towns agree upon
and prescribe ; and the school committee of the town
in which such children reside shall pay out of the ap-
propriations of money raised in said town for the sup-
port of schools the sum agreed upon.
Sect. 6. Minors under guardianship, their fothor
having deceased, may attend the public schools of the
city or town of wliich their guardian is an inhabitant.
Sect. 7. With the consent of school committees first
STATELAWS. 61
obtained, children between the ages of five and fifteen
years may attend school in cities and towns other than
those in which their parents or guardians reside ; but
whenever a child resides in a city or town different
from that of the residence of the parent or guardian,
for the sole purpose of attending school there, the
parent or guardian of such child shall be liable to pay
to such city or town, for tuition, a sum equal to the
average exjoense per scholar for such school for the
period the child shall have so attended.
Sect. 8. The school committee shall not allow any
child to be admitted to or connected with the public
schools, who has not been duly vaccinated.
Sect. 9. No person shall be excluded from a public
school on account of the race, color, or religious opin-
ions, of the applicant or scholar.
Sect. 10. Every member of the school committee
under whose directions a child is excluded from a pub-
lic school, and every teacher of such school from which
a child is excluded, shall, on application by the parent
or guardian of such child, state in writing the grounds
and reason of the exclusion.
Sect. 11. A child unlawfully excluded from any
public school shall recover damages, therefor in an ac-
tion of tort, to be brought in the name of such child
by his guardian or next friend against the city or town
by which such school is supported.
Sect. 12. The plaintiff in such action maj^, by filing
interrogatories for discovery, examine any member of
the school committee, or any other officer of the de-
fendant city or town, as if he were a party to the suit.
[Revised Statutes, Chap. 41.]
62 STATELAAVS.
Of Licenses and Municipal Eegulations of Police.
Intelligence offices.
Sect. 23. Whoever, without a license therefor, es-
tablishes or keeps an intelligence office for the purpose
of obtaining or giving information concerning places of
employment for domestics, servants, or other laborers,
except seamen, or for the purpose of procuring or giv-
ing information concerning such persons for or to em-
ployers, shall pay a fine of ten dollars for each day
such office is so kept.
Sect. 24. The Mayor and Aldermen or Selectmen
of any city or town may, for the purposes mentioned
in the preceding section, grant licenses to suitable per-
sons for the term of one year, and may revoke the
same at pleasure. They shall receive one dollar for
each license so granted.
Junk, old metals, and second-hand articles.
Sect. 25. The Mayor and Aldermen or Selectmen
of any city or town which has adopted by-laws there-
for, may license suitable persons to be dealers in and
keepers of shops for the purchase, sale, or barter, of
junk, old metals, or second-hand articles, within their
respective cities and towns.
Sect. 26. The license shall designate the place where
the business is to be carried on, and contain such con-
ditions and restrictions as may be prescribed by such
by-laws, and shall continue in force for one year unless
sooner revoked.
Sect. 27. Whoever not so licensed keeps a shop or
is a dealer in such city or town, or being licensed keeps
such shop, or is such dealer, in any other place or man-
STATELAWS. 63
ner than that designated in his license, or after notice
to him that his hcense has been revoked, shall pay a
fine of twenty dollars for each offence.
PawnhroJcers.
Sect. 28. The Mayor and Aldermen or Selectmen
of any city or town, which has adopted by-laws there-
for, may license suitable persons to carry on the busi-
ness of pawnbrokers, within their respective cities and
towns.
Sect. 29. The license shall designate the place where
the business is to be carried on, contain such conditions
and restrictions as may be prescribed by such by-laws,
and continue in force one year unless sooner revoked.
Sect. 30. Whoever not being licensed carries on
such business or is concerned therein within such city
or town, or being licensed carries on such business or
is concerned therein in any other place or manner than
that designated in his license, or after notice to him
that his license is revoked, shall pay a fine not exceed-
ing fifty dollars for each offence.
Stahles.
Sect. 31. Whoever occupies or uses a building in
any maritime place for a livery stable, except in such
part thereof as the Mayor and Aldermen or Selectmen
shall direct, shall forfeit a sum not exceeding fifty dol-
lars for every month he so occupies or uses such build-
ing, and in like proportion for a longer or shorter time.
Sect. 32. Whoever erects, occupies, or uses, a build-
ing for a stable for more than four horses, in any city
or town, except in such part thereof as the Mayor and
Aldermen or Selectmen direct, shall forfeit a sum not
64 S T A T E L A W S .
exceeding fifty dollars for every month he so occupies
or uses such building, and in like proportion for a
longer or shorter time. And the Supreme Judicial
Court or any one of the justices thereof, either in term
time or vacation, may issue an injunction to prevent
such erection, occupancy, or use, without such direction.
Steam-engines, furnaces, and boilers.
Sect. 33. No furnace for melting iron or making
glass, and no stationary steam-engine designed for use
in any mill for planing or sawing boards or turning
wood, or in which any other fuel than coal is used to
create steam, shall be erected or put up to be used in
any city or town by which the provisions relating
thereto of chapter one hundred ninety-seven of the
statutes of eighteen hundred and forty-five or chapter
ninety-six of the statutes of eighteen hundred and
forty-six respectively have been adopted, or by which
this and the seven following sections shall have been
adopted, at a legal meeting of the City Council of the
city or the inhabitants of the town called for that pur-
pose, unless the Mayor and Aldermen or Selectmen
thereof have granted a license therefor, prescribing the
place where the building in which such steam-engine
or furnace is to be used shall be erected, the materials
and construction thereof, with such regulations as to
the height of flues and protection against fire as they
deem necessary for the safety of the neighborhood.
Such license may be granted on a written application,
and shall be recorded in the records of the city or
town.
Sect. 34. Upon application for such license the
Mayor and Aldermen or Selectmen shall assign a time
STATELAWS. 65
and place for the consideration of the same, and cause
at least fourteen days' public notice thereof to be given,
at the expense of the applicant, in such manner as they
may direct, in order that all persons interested may be
heard thereon.
Sect. 35. In any city or town by which chap-
ter one hundred and ninety-seven of the statutes of
eighteen hundred and forty-five has been adopted, or
by which sections thirty-three to forty inclusive shall
have been adopted at a legal meeting of the City Coun-
cil of the city or inhabitants of the town called for that
purpose, the Mayor and Aldermen or Selectmen, after
due notice in writino; to the owner of such steam-eno-ine
or furnace, except for making glass, erected or in use
therein before the time of such adoption, and a hearing
of the matter, may adjudge the same to be dangerous
or a nuisance to the neighborhood, and make and re-
cord an order prescribing such rules, restrictions, and
alterations, as to the building in which the same is con-
structed or used, the construction and height of its
smoke flues, with such other regulations as they deem
necessary for the safety of the neighborhood ; and the
city or town clerk shall deliver a copy of such order to
a constable, who shall serve on the owner an attested
copy thereof and make return of his doings thereon to
said clerk within three days from the delivery thereof
to him.
Sect. 36. The owner of a steam-eno:ine or furnace
who is aggrieved by such order, may apply to the Su-
perior Court, or a justice thereof in vacation, for a
jury ; and the court or justice shall issue a. warrant for
a jury to be impanelled by the sheriff in like manner
as is provided in chapter forty-three in regard to the
66 STATELAWS.
laying out of highways. Such apphcation shall be
made within three days after the order is served upon
the owner, and the jury shall be impanelled within
fourteen days from the issuing of the warrant.
Sect. 37. The court or justice, on granting the ap-
plication for a jury, may issue an injunction restraining
the further use of such engine or furnace until the final
determination of the application.
Sect. 38. The jury may find a verdict either affirm-
ing or annulling the order in full, or making alterations
therein ; which verdict shall be returned by the sheriff
to the next term of the court for acceptance as in the
case of highways, and when accepted shall take effect
as an original order.
Sect. 39. If the order is affirmed, costs shall be re-
covered by the city or town against the applicant ; if
it is annulled, damages and costs shall be recovered by
the complainant against the city or town ; and if it is
altered, the court may render such judgment as to
costs, as to justice shall appertain.
Sect. 40. Any steam-engine or furnace erected or
used contrary to the provisions of the seven preceding
sections, shall be deemed a common nuisance. And
the Mayor and Aldermen or Selectmen shall have like
authority to remove the same as is given to boards of
health to remove nuisances by sections eight, nine, and
ten, of chapter twenty-six.
Sect. 41. The Mayor and Aldermen or Selectmen
of any city or town, or any person by them authorized,
may, after notice to the parties interested, examine any
steam-engine or steam-boiler therein ; and for that pur-
pose may enter any house, shop, or building ; and if upon
such examination it appears probable that the use of such
STATELAWS. 67
engine or boiler is unsafe, they may issue a temporary
order to suspend such use, and if after giving the parties
interested, so far as known, an opportunity to be heard,
they adjudge such engine or boiler unsafe, or defective,
or unfit to be used, they may pass a permanent order
prohibiting the use thereof until it is rendered safe.
If, after notice to the owner or person having charge
thereof, such engine or boiler is used contrary to either
of such orders, it shall be deemed a common nuisance,
without any other proof thereof than its use.
Sect. 42. The Mayor and Aldermen and Selectmen
shall have the same authority to abate and remove any
steam-engine or steam-boiler erected or used contrary
to the provisions of the preceding section, as boards of
health have to remove nuisances, by sections eight,
nine, and ten, of chapter twenty-six.
Sect. 43. No person shall manufacture, set up, or
cause to be used, any steam-boiler, unless it is provided
with a fusible safety plug made of lead or some other
equally fusible material, and of a diameter of not less
than one-half an inch ; which plug shall be placed in the
roof of the fire-box, when a fire-box is used, and in all
cases, in a part of the boiler fully exposed to the action
of the fire, and as near the top of the water line as any
part of the fire surface of the boiler ; and for this purpose
Ashcroft's " protected safety fusible ping" may be used.
Sect. 44. Whoever without just and proper cause
removes from any boiler the safety plug thereof, or
substitutes therefor any material more capable of re-
sisting the action of the fire than the plug so removed,
shall be punished by a fine not exceeding one thou-
sand dollars.
Sect. 45. Whoever manufactures, sets up, know-
68 STATELAWS.
ingly uses, or causes to be used, for six consecutive
clays, a steam-boiler unprovided with a safety fusible
plug as named in section forty-three, shall be punished
by fine not exceeding one thousand dollars.
Rockets, gunpowder, and other explosive siihstances.
Sect. 46. Whoever sells, gives away, or offers for
sale, or has in his possession with intent to sell, any of
the fireworks called rockets, crackers, squibs, or ser-
pents, without license from the Mayor and Aldermen
or Selectmen of the city or town, shall for every such
offence forfeit a sum not exceeding ten dollars.
Sect. 47. Whoever sets fire to, or has in his pos-
session with intent to set fire to, any rocket, cracker,
squib, or serpent, or throws any lighted rocket, crack-
er, squib, or serpent, within any city or town, without
the license of the Mayor and Aldermen or Selectmen,
shall for every offence forfeit a sum not exceeding ten
dollars.
Sect. 48. The City Council of a city and the inhab-
itants of a town may order that no gunpowder shall be
kept in any place within the limits thereof, unless it is
well secured in tight casks or canisters ; that no gun-
powder, above the quantity of fifty pounds, shall be
kept or deposited in any shop, store, or other building,
or in a ship or vessel, which is within the distance of
twenty-five rods from any other building or wharf;
that no gunpowder, above the quantity of twenty-five
pounds, shall be kept or deposited in any shop, store,
or other building, within ten rods of any other build-
ing ] and that no gunpowder, above the quantity of
one pound, shall be kept or deposited in any shop,
store, or other buildiug, within ten rods of another
STATELAWS. 69
building, unless it is well secured in copper, tin, or
brass canisters, holding not exceeding five pounds
each, and closely covered with copper, brass, or tin
covers. They may make a like order in regard to
gun-cotton, or other substances prepared like it for ex-
plosion, and, if considered necessary for public safety,
may restrict the quantity to be so kept to one-fifth of
the weight of gunpowder allowed by this section.
Sect. 49. Upon complaint made to a Justice of the
Peace or Police Court by the Mayor or either of the
Aldermen, Selectmen, or Firewards of any place, that
he has probable cause to suspect, and does suspect,
that gun-powder, gun-cotton, or other substance pre-
pared like it for explosion, is deposited and kept within
the limits thereof contrary to law, such justice or court
may issue a w^arrant, directed to either of the consta-
bles of such place, ordering him to enter any shop,
store, or other building, or vessel, specified in the war-
rant, and there make diligent search for such gun-pow-
der, gun-cotton, or other substance, suspected to have
been so deposited or kept, and to make return of his
doings to said justice or court forthwith.
Sect. 50. Whoever commits an offence against any
order made under section forty-eight, shall forfeit a sum
not exceeding twenty dollars ; but the four preceding
sections shall not extend to any manufactory of gun-
powder, gun-cotton, or other substance aforesaid, nor in
any case prevent the transportation thereof through
any city or town, or from one to another part thereof
Sect. 51. The City Council of any city and the in-
habitants of any town may adopt such rules and regu-
lations as they deem reasonable in relation to the stor-
age and sale, within the limits thereof, of camphene or
70 STATELAWS.
any similar explosive or inflammable fluid, and may
affix penalties for breaches thereof, not exceeding
twenty dollars for any one offence.
Dogs.
Sect. 52. Every owner or keeper of a dog shall an-
nually on or before the thirtieth day of April, cause it
to be registered, numbered, described, and licensed for
one year from the first day of the ensuing May, in the
office of the clerk of the city or town wherein he re-
sides; and shall cause it to wear around its neck a
collar distinctly marked with its owner's name and
registered number, and shall pay for such license one
dollar for a male dog and five dollars for a female dog.
Sect. 53. The clerk shall issue the license, and re-
ceive and pay the money therefor into the city or town
treasury, retaining to his own use ten cents for each
license. The treasurer shall keep an accurate and sep-
arate account of all sums received and j^aid out under
the provisions of this chapter relating to dogs, which
account shall at all times be open to the inspection of
any voter of the place.
Sect. 54. The clerk shall annually, within one week
after the first day of May, post in some conspicuous
public place a list of all dogs licensed for the current
year ; and shall furnish a copy thereof to the chief of
police of the city, or one of the constables of the town ;
and shall also, from time to time, furnish said officers
with a list of such dogs as are subsequently licensed
during the year.
Sect. 55. Any owner of a dog may, at any time,
have it licensed until the first day of the ensuing May,
upon paying the sum as provided in section fifty-two ;
STATELAWS. 71
but such license shall not exempt hmi from the penalty
of the following section, on complaint made prior to
issuing the license. No new license for the current
year shall be necessary upon the removal of a licensed
dog into another city or town, unless required by some
by-law passed under section sixty-seven.
Sect. 56. Whoever keeps a dog contrary to the
provisions of this chapter shall forfeit ten dollars, to be
recovered by complaint, to the use of the place where-
in the dog is kept.
Sect. 57. Whoever wrongfully removes the collar
from or steals a dog, licensed and collared as aforesaid,
shall be punished by fine not exceeding fifty dollars ;
and whoever wrongfully kills, maims, entices, or carries
away such a dog, shall be liable to its owner for its
value in an action of tort. Whoever distributes or ex-
poses any poisonous substance, with intent that the
same shall be eaten by any dog, shall be punished by
fine not exceeding fifty nor less than ten dollars.
Sect. 58. Any person may, and every police ofiicer
and constable shall, kill or cause to be destroyed all
dogs going at large and not licensed and collared ac-
cording to the provisions of this chapter ; and such
officers, when not otherwise paid for their services,
shall receive from the city or town treasury fifty cents
for each dog so destroyed by them.
Sect. 59. Every owner or keeper of a dog shall for-
feit to any person injured by it double the amount of
the damage sustained by him, to be recovered in an
action of tort.
Sect. 60. Any person may kill a dog that shall sud-
denly assault him while he is peaceably walking or rid-
ing without the enclosure of its owner or keeper ; and
72 STATELAWS.
any person may kill a dog that is found out of the enclo-
sure or immediate care of its owner or keeper, worry-
ing, wounding, or killing any neat cattle, sheep, or
lambs.
Sect. 61. If any person so assaulted, or finding a
cloo; strolling;: out of the enclosure or immediate care of
its owner or keeper, shall, within forty-eight hours after
such assault or finding, make oath thereof before a
Justice of the Peace or Police Court for the county, or
before the clerk of the city or town where the owner
of the dog dwells, and shall further swear that he sus-
pects the dog to be dangerous or mischievous, and
shall give notice thereof to its owner or keeper by de-
livering him a certificate of such oath signed by such
justice or clerk, the owner or keeper shall forthwith
kill or confine it ; and if he ne2;lects so to do for
twenty-four hours after such notice, he shall forfeit ten
dollars.
Sect. 62. If, after such notice, the dog is not killed
or confined, but is again found strolling out of the en-
closure or immediate care of its owner or keeper, any
person may kill it.
Sect. 63, If a doo-, after such notice to its owner or
keeper, shall by such assault wound or cause to be
wounded, any person, or shall worry, wound, or kill
any neat cattle, sheep or lambs, or do any other mis-
chief, the owner or keeper shall be liable to pa}^ to the
person injured thereby treble damage, to be recovered
in an action of tort.
Sect. 64. Whoever suffers loss by reason of the
worrying, maiming, or killing of his sheep, lambs, or
other domestic animals, by dogs, may, within thirty
days after he knows of such loss, present proof thereof
STATELAWS. 73
to the Mayor or Selectmen of the city or town wherein
the damage is done ; and thereupon said officers shall
draw an order in favor of the owner upon the treasurer
of said city or town, for the amount of such loss. The
treasurer shall register such orders at the time of their
presentation, and annually on the first day of January
pay them in full, if the gross amount received by his
city or town under the provisions of this chapter rela-
ting to dogs, and not previously paid out, is sufficient
therefor; otherwise he shall divide such amount pro
rata among such orders, in full discharge thereof
After such order has been drawn, the city or town
may in an action of tort recover against the keeper or
owner of any dog concerned in doing the damage the
full amount thereof
Sect. 65. The owner of sheep, lambs, or other do-
mestic animals worried, maimed, or killed by dogs,
shall have his election whether to proceed under the
provisions of the preceding section or of sections sixty-
one, sixty-two, and sixty-three ; but having signified
such election, by commencing a suit or obtaining an
order, he shall not have the other remedy.
Sect. 66. The Mayor and Aldermen of each city,
and the Selectmen of each town, shall require all dogs
not licensed and collared according to the foregoing
provisions, to be destroyed, and shall enforce all penal-
ties herein provided. Any officer refusing or neglect-
ing to perform the duties herein imposed upon him,
shall be punished by fine not exceeding twenty-five
dollars, to be paid into the city or town treasury.
Sect. 67. The City Council of any city, and the in-
habitants of any town, may make such additional by-
laws and regulations concerning the licensing and re-
10
74 STATELAWS.
straining of dogs, as they deem expedient, and may affix
any penalties, not exceeding ten dollars, for any breach
thereof; but such by-laws and regulations shall relate
only to dogs owned or kept in such city or town ; and
the annual fee required for a license shall in no case
be more than one dollar in addition to the sum re-
quired by section fifty-two.
Sect. 68. All fines and penalties provided in the
sixteen preceding sections may be recovered on com-
plaint before any Police Court or Trial Justice in the
county where the offence is committed.
BilUard tables and holding alleys.
Sect. 69. The Mayor and Aldermen or Selectmen
of any city or town may grant a license to any person
to keep a billiard table or bowling alley for hire, gain,
or reward, upon such terms and conditions as they
deem proper, to be used for amusement merely, but
not for the purpose of gaming for money or other
property. Such license may be revoked at the plea-
sure of the authority granting it.
Sect. 70. Whoever without such license keeps or
suffers to be kept in a house, building, yard, or depend-
ency thereof, by him actually occupied or owned, a
table for the jDurpose of playing at billiards, or a bowl-
ing alley for the purpose of playing at bowls, for hire,
gain, or reward, or for hire, gain or reward suffers any
person to resort to the same for such purpose, shall
forfeit for every such offence a sum not exceeding one
hundred dollars.
Sect. 71. The keeper of a billiard room or table, or
bowling alley, who admits a minor thereto without the
written consent of his parent or guardian, or who
STATELAWS. 75
suffers any person to play at the same after six o'clock
in the afternoon on Saturday, or after ten o'clock in
the afternoon of any other day, shall forfeit ten dollars
for the first and twenty dollars for each subsequent
offence.
Sect. 72. Any marshal or his deputy, sheriff or his
deputy, constable, police officer, or watchman, may at
any time enter into a billiard room, bowling alley, or
other room connected therewith, for the purpose of en-
forcing any law of the state ; and whoever obstructs
or hinders the entrance of such officer shall be pun-
ished by a fine of not less than, five nor more than
twenty dollars.
Sect. 73. The ]3rovisions of section thirty-two shall
apply to the erection, occupancy, or use, of buildings
for bowling alleys in any city or town.
Theatrical exJiibitions, puhlic shows, masJced halls, &c.
Sect. 74. The Mayor and Aldermen or Selectmen
of any city or town may license theatrical exhibitions,
public shows, public amusements and exhibitions of
every description, to which admission is obtained upon
payment of money or the delivery of any valuable
thing, or by a ticket or voucher obtained for money or
any valuable thing, upon such terms and conditions as
they deem reasonable ; and they may revoke or sus-
pend the same at their pleasure.
Sect. 75. Whoever offers to view, sets up, sets on
foot, maintains, carries on, publishes, or otherwise as-
sists in or promotes, any such exhibition, show, or
amusement, without such license, shall be punished by
fine not exceeding five hundred dollars for each of-
fence.
76 STATBLAWS.
Sect. 76. Whoever offers to view, sets up, sets on
foot, maintains, or carries on, a theatrical exhibition,
public show, concert, or dance-hall exhibition, of any
description, at which lager-bier or other intoxicating
liquors are sold or exposed for sale, with the consent
of those who get up, set on foot, or otherwise promote,
such exhibitions or shows, shall be punish*ed by fine
not exceeding five hundred dollars, or imprisonment
in the house of correction not more than two years,
unless such exhibition or show has been first duly li-
censed as provided by section seventy-four. This sec-
tion shall not authorize the licensing of the sale at any
exhibition or show, of liquors the sale of which is pro-
hibited by law.
Sect. 77. Whoever gets up, sets on foot, causes to
be published, or otherwise aids in getting up and pro-
moting, any masked ball or other public assembly, at
which the company wear masks or other disguises, and
to which admission is obtained upon payment of money
or the delivery of any valuable thing, or by a ticket or
voucher obtained for money or any valuable thing, shall
for the first offence be punished by fine not exceeding
five hundred dollars ; and for any subsequent offence,
by imprisonment in the jail or house of correction not
exceeding one 3^ear.
Sect. 78. Any Justice of the Peace or Police Court,
upon complaint made of an offence against the provis-
ions of the three preceding sections, shall bind over all
persons so offending, to appear at the next term of the
Superior Court, and shall also require such persons to
find sureties for the keeping of the peace and being of
good behavior until such term of the court, and shall
STATELAWS. 77
commit such persons upon their refusing or neglecting
so to recognize and find sureties.
Sect. 79. Whoever estabhshes or promotes an ex-
hibition of the fitrhtino; of birds or animals, shall be
punished by fine not exceeding one hundred dollars, or
by imprisonment in the house of correction not ex-
ceeding six months. Whoever is present at, or aids in*
or contributes to such an exhibition, shall be punished
by fine not exceeding ten dollars.
[Revised Statutes, extracts from Chap. 88. J
Of the Dedication of Ways.
Sect. 82. No way opened and dedicated to the pub-
lic use, which has not become a public way, shall be
chargeable upon a city or town as a highway or town
way, unless the same is laid out and established by such
city or town in the manner prescribed by the statutes
of the commonwealth.
Sect. 83. The Mayor and Aldermen and Selectmen
shall, whenever the public safety demands it, direct
and cause the entrances of such ways entering on and
uniting with an existing public highway, to be closed
up ; or may by other sufficient means caution the pub-
lic against entering upon such ways ; and if any such
way shall not be closed, or sufficient notice given that
the same is dangerous, the city or town shall be liable
for damag;es arising; from defects therein in the same
manner as if it had been duly laid out and established.
Sect. 84. In cities in which the City Council, and in
towns in which the inhabitants at a legal meeting, have
accepted the provisions of this and the two following
78 S T A T E L A W S .
sections, if a street or way has been or shall be opened
over private land by the owner thereof, and permitted
to be used by the public before the same has been ac-
cepted and laid out according to law, the owners of the
lots abutting thereon shall 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 or Selectmen require. If the
owners of such abutting lots, after reasonable notice
from the Mayor and Aldermen or Selectmen, neglect
or refuse so to do, or to close the street from public
use, the Mayor and Aldermen or Selectmen may cause
the same to be graded, and after due notice to the
parties interested shall assess the expense thereof upon
the owners in such proportion as shall be judged rea-
sonable. All assessments so made shall be a lien upon
the abutting lands in the same manner as taxes are a
lien upon real estate.
Sect. 85. The Mayor and Aldermen or Selectmen
may fix and establish the grade of a street or way so
opened and used, and caiise a plan of such grade to be
deposited in the office of the city or town clerk. And
all persons making improvements upon the lots abut-
ting thereon, after the grade has been established and
recorded, shall conform to the grade. But nothing
contained in this and the preceding section shall affect
any agreements heretofore made respecting such streets
or ways, between the owners of lots and the city or
town.
Sect. 86. The grading of such street or way by the
owners of the land, in pursuance of the notice by the
Mayor and Aldermen or Selectmen, shall not be con-
strued to be a dedication of the same to the public use,
S T A T E L A W S . 79
nor shall the establishment and record of the grade, or
the grading thereof by the Maj^or and Aldermen or
Selectmen, constitute an acceptance of the same by the
city or town. But no such street or way shall be dug
up or obstructed without the consent of the Mayor and
Aldermen or Selectmen.
[Revised Statutes, extract from Chap. 43.]
Of Sidewalks.
Sect. 6. A person owning or occupying lands ad-
joining a highway or road in a town, may construct a
sidewalk within such highway or road, and along the
line of such land, indicating the width of such side-
walk by trees, posts, or curb-stones, set at reasonable
distances apart, or by a railing erected thereto ; and
where a sidewalk is so constructed, whoever rides or
drives a horse or team upon and along the same shall
forfeit the sum of one dollar to be recovered by such
owner or occupant in an action of tort. But this sec-
tion shall not diminish or interfere with the authority
of surveyors of highways, or any other authority that
can be legally exercised over highways or roads ; nor
shall it in any manner diminish the liability of any
person for unreasonably obstructing highways or roads,
nor shall it apply to cities.
Sect. 7. In cities in which the City Council, and in
towns in which the inhabitants, have adopted the pro-
visions of this and the following section, the Mayor
and Aldermen or Selectmen may establish and grade
sidewalks in such streets as in their judgment the pub-
lic convenience may require, and may assess the abut-
80 STATELAWS,
tors on such sidewalks one-half the expense of the
same, the residue being paid by such city or town.
All assessments so made shall be a lien upon the abut-
ting lands in the same manner as taxes are a lien upon
real estate.
Sect. 8. No sidewalk constructed or graded in a
city or town shall be dug up or obstructed in any part
thereof, without the consent of the Mayor and Alder-
men of the city, or of the Selectmen of the town, in
which such sidewalk is established.
Sect. 9. City Councils may by ordinance provide
for the removal of snow and ice from sidewalks in such
portions of their cities as they deem expedient, which
ordinance shall determine the time and manner of re-
moval, and shall affix penalties not exceeding fifty dol-
lars to any violation of its provisions by any owner or
tenant of the estate abutting upon the sidewalk from
which the snow and ice are required to be removed.
[Revised Statutes, extract from Chap. 45.]
Of Police Courts.
[See Revised Statutes, Chap. 116.]
CITY ORDINANCES.
[No. 1.]
An Okdinance prescribing the manner of Recording the
Ordinances of the City.
Be it ordained hy the City Council of the City of RoxI)iiry,
as foUoivs :
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 follows :
Sect. 1. The form of warrants for calling meetings of
the citizens of the several Wards shall be as follows, viz. :
11
82 city ordinances.
Jl.s.| City of Roxbury.
To either of the Constahles of the City of Roxbury^ Greet-
ing : In the name of the Commonwealth of Massachu-
setts, you are hereb}" required, forthwith, to warn the
inhabitants of Ward No. , qualified as the law di-
rects, to assemble at , on the da}^ of ,
at — o'clock — . M., then and there to .
Hereof fail not, and have you there then this Warrant,
with your doings thereon.
Witness, , Mayor of our said City of
Roxbury, the day of , in the year of our
Lord one thousand eight hundred and .
By order of the Mayor and Aldermen.
, City Cleric.
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 Roxbury, shall be as
follows, to wit :
|iL.s.g City of Roxbury.
To the Constables of the City of. RoxJ)ury, Greeting : In
the name of the Commonwealth of Massachusetts, you
are hereby required forthwith to warn the inhabitants
of the City of Roxbury, qualified as the law directs, to
assemble at , on the day of , at
o'clock, — . M., then and there to .
CITY ORDINANCES. 83
Hereof fail not, and have you then and there this
warrant, with your doings thereon.
Witness, , Maj^or of our City of Eox-
bury, the day of , in the year of our Lord
one thousand eight hundred and .
By order of the Mayor and Aldermen.
, Oiiy Clerk.
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. 6. 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 officers, except ward officers, and insert the same
in any warrant and notification to the inhabitants of
such election.
Sect. 6. Each inhabitant, being a legal voter in said
city, shall be notified at his place of residence.
Sect. 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.]
84 CITY ORDINANCES.
[No. 3.]
An Ordinance relating to the Election of certain City
Officers.
Be it ordained^ (&c., as foUoivs :
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.]
[No. 5.]
An Ordinance establishing the Office of City Mes-
senger.
Be it ordained, c&c, as follows :
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, wIiq shall receive, deliver and
execute, all notifications, summonses and precepts is-
CITY ORDINANCES. 85
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 follows :
Sect. 1. There shall be annually appointed by the
City Council, a Joint Standing Committee of Accounts,
86 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 desio-natino;
the fund or appropriation from Avhich 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 are to be paid. And the Ma3^or is
CITY ORDINANCES. 87
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, maj^
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 lands 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
88 CITY ORDINANCES.
clue 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
w^hich 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. 89
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 of 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 immediatel}^ 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, dc, as folloivs :
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, or White Lead, or Red Lead, within
the limits of the City of Roxbury, in any building
which has been or may hereafter be erected, or in any
place except in such place or places, and in such build-
12
90 CITY ORDINANCES.
ings 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 emj)loyment 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 Roxbury may
abate the same.
[Passed May 21, 1846.]
[No. 8.]
An Ordinance establishing a system for Collecting the
Taxes of the City of Roxbury.
Be it ordained, &c., as foUoivs :
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. 91
law ; and the Collector shall give notice by attaching
to all tax bills the above section of this Ordinance.
Sect. 3. ' For the convenience of the citizens of
Wards Six, Seven and Eight, it shall be the duty of
the Collector 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 establishing the Office of Commissioner
or Commissioners of Highways, and defining the
Duties thereof
[Repealed by Ordinance No. 40.]
[No. 10.]
An Ordinance regulating the Fire Department of the
City of Eoxbury.
[Repealed by Ordinance No. 34.]
92 CITY ORDINANCES.
[No. 11.]
An Ordinance establishing a Watch, for preserving the
Safety and Good Order of the City of Roxbury.
Be it ordained, &c., as follotvs :
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 situable 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 oilt 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 forthwith 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 iiumbei". Ord. No. 31.
CITY ORDINANCES. 93
Sect. 3. Every Watchman shall be equipped in
such manner as the Mayor and Aldermen shall de-
termine.
[PassedJuly 27, 1846.]
[No. 12.]
An Ordinance in relation to Burial Grounds and the
Interment of the Dead.
Be it ordained^ &c., as follows :
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
supj)ly 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 necessaiy arrangements for the removal
and burial of the body of the deceased, and for the
94 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 employ 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 sum 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
* Change of. Per Ord. No. 27.
CITY ORDINANCES. 95
the limits of the city, it shall be the duty of the near-
est 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 ; provided, that this
prohibition shall not apply to the burial of inmates of
the Almshouse, which shall be under the control of the
keeper thereof, who shall make the returns to the City
Clerk, as required by section three.
Sect. 9. All funerals shall take place between sun-
rise and sunset, unless otherwise permitted or directed
by the Mayor. And the top of every cof&n 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.]
96 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, (&c., as follo?vs :
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. Whenever any street, lane, alley, sidewalk,
or other public place in the city, shall, under any
license granted as provided in the preceding section,
be dug up, obstructed, encumbered, or otherwise ren-
dered thereby unsafe or inconvenient for travellers,
the person so licensed shall put, and at all times keep
up a suitable railing or fence round the section or
parts of any street, lane, alley, or other public place,
so dug up, obstructed or encumbered, so long as the
I
CITY ORDINANCES. 97
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 Mavor 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. Ord. No. 23.
13
98 CITY ORDINANCES.
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 way, 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, wheel-barrow, hand-sled, or any
other carriage of burthen or pleasure, or permit any
horse, ox or other beast, under his care, to go upon any
sidewalk in the city, or otherwise occupy, obstruct or
encumber the same, by any trunk, bale, barrel, box,
crate, cask, or any package, article or thing whatsoever,
or in any way obstruct any street, lane, alley or 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 abuttors on
each side of such street, shall be deemed and taken to
CITY ORDINANCES. 99
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 injury any person stand-
ing, Avalking 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, ofKil, stones, brick, masons'
or bricklayers' 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 suJEfer 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-
100 CITY ORDINANCES.
lers and passengers, and thereby prevent injury to
them.
Sect 11. No person shall saw any firewood, or pile
the same upon the foot or sidewalks of any of the
streets or lanes of the city, and no person shall stand
on any such foot or sidewalk with his wood-saw or
horse, to the 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 up and spread evenly over the surface of
such street, lane or alley.
Sect. 14. No person shall swim or bathe in any of
the waters within or surrounding the city, so as to be
exposed to the view of the passengers or other persons
passing or 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 au}^ street, lane, alley, or public place, or on
CITY ORDINANCES. 101
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, allej 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
102 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 sufi^er 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, excef)t 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.
No horse shall be turned out loose, or suf-
CITY ORDINANCES. 103
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, belonffino; 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 aiw 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 Plighways 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
104 CITY ORDINANCES.
and commenced within six months from the time of
coramittino; 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 follotvs :
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 Avithin 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. 105
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 Mayor 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 the 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 be in common and
subject to the use of all said inhabitants.
14
106 CITY ORDINANCES.
Sect. 5. For any offence against the provisions of
the forescoing; 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
Eoxbury, if any newspaper 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. 107
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 ofiensive 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 been thrown or car-
108 CITY ORDINANCES
ried, 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, public place or vacant lot, by
and at the expense of the owner or occupant of the
house, or other place whence the same were thrown
or carried, within two hours after personal notice in
writing to that effect, given by the Mayor and Alder-
men or City Marshal.
Sect. 10. All dirt, saw-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 j)rohibit 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. 109
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 kej)t 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 opinion of the Mayor and Alder-
men, it shall be for the health or comfort of the inhab-
110 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 cit}^, for the purpose of examining
into, destroying, removing or preventing 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 an^^ 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, priv}^, 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. Ill
and every offence a sum not less than three nor more
than twenty dollars.
Sect. 16. This Ordinance shall take effect and g-o
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 foUoivs :
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
within the City of Roxbury.
Be it ordained, &c., as foUoivs :
Sect. 1. From and after the tenth day of August,
one thousand eight hundred and forty-six, no dog shall
112 CITY ORDINANCES.
be permitted to go at large or loose, in any street,
lane, alley or court, nor any iniinclosecl or public place
in this city, until the owner or keeper of such clog, 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
doo; to aro at larg-e, 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 " Roxbury"
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 ORDINANCES. 113
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 : pro-
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
destroj^ed.
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.
15
114 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 Eecord to be kept
of the Streets and Highways in the City.
Be it ordained, &c., as folloivs :
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 folloivs :
That the following be the device of the City Seal, as
suggested by B. E. Cotting, M. D., to w^it : 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 wdiich, on the middle
ground, a train of railroad cars passing tow^ards the me-
CITY ORDINANCES.
115
tropolis ; above, on a scroll, the word ROXBURY ; be-
neath, CONDITA, A. D. 1630. In the lower semi-circle
of the border, CIYITATIS 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 folloivs :
Sect. 1. All by-laws passed by the City Council,
shall be termed " Ordinances," and the enacting style
shall be, " Be it ordained hj the City Council of the City
of Roxhury^ 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 :
IIG CITY ORDINANCES.
An Ordinance concerning the form of Warrant, and
the service and return thereof — passed May 18, 1846 :
An Ordinance est^iblishing the office of City Messen-
ger— passed May 18, 1846 :
An Ordinance relating to the election of certain Cit}'"
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 directing 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 further ordained that," wher-
ever the same occurs in said ordinances, shall be strick-
en out.
CITY ORDINANCES. 117
Sect. 3. This Ordinance shall take effect from and
after its passage.
[PassedMay 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 follows :
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
order 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.]
118 CITY ORDINANCES.
[No. 22.]
An Ordinance relating to the Expenditures for Schools.
Be it ordained, &c., as follotvs :
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 appropriation therefor ; and said Committee shall
also provide rooms and furnish the same for the use of
schools, whenever such i^ooms 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. 119
several school houses and the grouncls 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 necessary,
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.
[Passed July 26, 1847.J
[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 follows :
Sect. 1. No person shall make, erect or maintain
any gate, in or upon any street, lane, alley or sidewalk
in the city, in such manner, as when opening the
same, it shall sw^ing 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.]
120 CITY ORDINANCES.
[No. 24.]
An Ordinance establishing the Name of the Eural
Cemetery.
Be it ordained, &c., as foUoivs :
Sect. 1. The Eural 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 follows :
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. 121
[No. 26.]
An Ordinance in addition to "An Ordinance prescribing
Rules and Regulations relative to nuisances, sources
of filth and causes of sickness within the City of
Roxbury."
Be it ordained, &c., as folloivs :
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 coffin deposited
in the ground in any such burial place within said city,
shall be at least three feet below the usual surface
thereof
Sect. 3. Any person offending against any of the
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 offences 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, 18-18.]
16
122 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 foUotvs :
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-
three-cents ; for opening and closing a tomb for the re-
ception of a corpse, fifty-cents ; for services at the
funeral and transporting in a car the body of a person
over ten years of age to the place of interment, four
dollars, and of a child not over ten years of age, three
dollars ; for removing a body from a grave to a grave
or tomb, four dollars ; and from a tomb to a grave
or tomb, tivo dollars and ttventy-five cents ; for attending
funerals of deceased persons brought from other places
into this city for interment, if in a grave, tivo 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. " 123
[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 foUoivs :
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.]
[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, dtc, as folio? vs :
Sect. 1. The form of the deeds to be executed for
the conveyance of lots in Forest Hills Cemetery, by
124 CITY ORDINANCES
the Commissioners of said Cemetery, shall be as fol-
lows, viz. :
Know all Men by these Presents, That the City of
Eoxbury, 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 Kural 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 ORDINANCES. 125
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 Q^gj, 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
126 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 suffer 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 heirs at law
shall then exercise the right of using said lot, which
designation shall continue in force until by death or
removal, or other sufficient cause, another designation
shall become necessary ; and in making such 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. 127
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, , Secretary.
, City Treamrer.
City of Roxbury. City Clerk's Office, 18 — .
I hereby certify that the foregoing Deed has been
received, entered and recorded in this office, in the
book provided for the purpose, being Book No. ,
and page No. .
, City ClerJc.
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 ofhce.
Sect. 4. This Ordinance shall take effect from and
after its passage.
[Passed January 22, 1849.]
128 CITY ORDINANCES.
[No. 30.]
An Ordinance in addition to an Ordinance [No. 10]
regulating the Fire Department of the City of
Eoxbury.
[Repealed by Ordinance No. 34.]
[No. 31.]
An Ordinance in addition to " An Ordinance to estab-
Hsh a Watch for preserving the safety and good
order of the City of Roxbury."
Be it ordained, &c., asfollotvs :
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. 129
[No. 32.]
An Ordinance in addition to an addition to " An Ordi-
nance prescribing Rules and Eegulations relative to
nuisances, sources of filth and causes of sickness
within the City of Roxbury."
Be it ordained, &c., as follows :
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.]
17
130 CITY ORDINANCES.
[No. 34.]
An Ordinance regulating the Fire Department of the
City of Roxbury.
Be it ordained, &c., as follotvs :
Sect. 1. The Fire Department of the City of Rox-
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 warrant, 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.
, C'dij Clerk.
Sect. 3. The Engineers, immediately on their elec-
tion, shall organize themselves into a Board, by choos-
CITY ORDINANCES. 131
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 engine and other houses
used for the purposes of the Fire Department, and of
all the furniture and apparatus thereto belonging, and
of the Engines and all other fire apparatus belonging
to the city, and over all the officers and members of
the several companies attached to the Fire 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 office ; to take
132 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 dvity of the said Chief Engi-
neer to examine into the condition of the Enmnes 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. 133
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 fiiir 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 Koxbury, 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.
134 CITY ORDINANCES.
Sect. 7. In the absence of the Chief Engineer, 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 ]3ay, 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, Hose and Hook and
Ladder Companies, shall have a Foreman, an Assistant
Foreman and Clerk, and these officers shall be chosen
by the written votes of their respective companies, at
a meeting specially held for that purpose, in the month
of May annually, of which meeting and purpose the
members shall be notified by the Clerk, at least three
days previous 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. 135
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 Roxbury, and is entitled to all the immu-
nities belonging to said office.
Given under my hand, this day of A. D. 18 — .
, Mai/or.
, Citi/ Cleric.
and shall be invested with all the authority, and sub-
ject to all the duty required by the laws, the City
136 CITY ORDINANCES.
Ordinances and rules and regulations 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 Department and the orders of the
* Board of Engineers may suspend in certain cases. Ord. No. 51.
CITY ORDINANCES. 137
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-
es "
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
18
138 CITY ORDIlSrANCES.
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.
i
CITY ORDINANCES. 139
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.J
[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., as follows :
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.
140 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.
[Passed July 7, 1851.]
CITY ORDINANCES. 141
[No. 37.]
An Ordinance establishing the Office of City Crier.
Be it ordained, dc, asfollozvs :
Sect. 1. The Mayor and Aldermen may from time
to time grant licenses to snch 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 an}^ 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.
[PassedJune 28, 1852.]
142 CITY ORDINANCES.
[No. 38.]
An Ordinance in relation to Truant Children and
Absentees from School.
Be it ordainedy &c., as folloivs :
Sect. 1. The City of Roxburj 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. 143
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, appoint 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 July 12, 1852.]
[Approved September term Court of Common Pleas.]
[No. 39.]
An Ordinance concerning the removal of House Offal
and Night Soil from the City.
[Repealed by Ordinance No. 60.]
[No. 40.]
An Ordinance Establishing the Office of Commissioner
of Streets, and defining the Duties thereof
Be it ordained, &c., as folloivs :
Sect. 1. Forthwith and hereafter, in the month of
January annually, there shall be appointed by the
144 CITY ORDINANCES.
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
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, implements 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
CITY ORDINANCES. 145
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-
MSivy, 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-
stones laid, number of yards of paving and cost of
same, and such other information as he may consider
desirable, together with a schedule in detail of the
property under his charge belonging to the city.
Sect. 5. The Ordinance entitled, " An Ordinance
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, 1854.]
[No. 41.]
An Ordinance in relation to the Acceptance of Streets
in the City of Roxbury.
[Repealed by Ordinance No. 54.]
19
146 CITY ORDINANCES.
[No. 42.]
An Oedinance to repeal " An Ordinance authorizing
the Appointment and prescribing the Duties of a
City Marshal."*
Be it ordained, &c., a% folloivs :
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 Office of City Solicitor.
Be it ordained, &c., as foUoivs :
Sect. 1. That annually in the month of February,
and whenever a vacancy in the office may occur, there
shall be chosen, by a concurrent vote of both branches
of the City Council, a Solicitor for the City of Eox-
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.
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-
* Ord. No. 45 provides for appointment of City Marshal.
CITY ORDINANCES. 147
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 officers of the city, in any suit or prosecution for
any act or omission in the discharge of their official
duties, wherein any estate, right, privilege, ordinance
or acts of the City Government, or any breach of any
ordinance may be brought in question. And said So-
licitor shall also appear before the Legislature of the
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 ma}'' be required
of him by the City Government, or by any Committee
thereof; and he shall, when required, furnish the
Mayor and Aldermen, the Common Council, or any
Committee of either or both branches, or any member
thereof, or any officer of the City Government who
may require it in the official discharge of his duties,
with his legal opinion on any subject relating to the
duties of their respective offices. And his opinion
shall be given in 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
148 CITY ORDINANCES.
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 annuallj^
Sect. 6. This Ordinance shall take effect from and
after its passage.
[Passed Eebruary 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,
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
CITY ORDINANCES. 149
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 approj)ria-
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.
Be it ordained^ dec, as folio lus :
Sect. 1. The Mayor and Aldermen shall forthwith
and hereafter, in the month of April, annually, appoint
a City Marshal, and such number of Assistants as they
may deem necessary for day and night Police, with the
powers and duties of Constables, who shall remain in
office until the next annual election, unless removed
as hereinafter 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
150 CITY ORDINANCES.
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 against the laws and against 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 persons
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
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 dutj^, and that of his As-
sistants, to act as Truant Officers in the enforcement
of the ordinance in regard to truants and absentees
CITY ORDINANCES. 151
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 farnish 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
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
152 CITY ORDINANCES.
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 follows :
Sect. 1. That Section 19 of the Ordinance afore-
said, be and hereby is repealed.
Sect. 2. The members of the several companies
shall not assemble in the houses entrusted to their care
on the Sabbath, except for the purpose of taking the
Engine or apparatus, on an alarm of fire, and of re-
CITY ORDINANCES. 153
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 foUoios :
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 branch'es
of the City Council, a City Physician, who shall hold
his office until he is removed, or a successor chosen in
his place. He shall be removable at the pleasure of
the City Council, and shall receive such compensation
as the City Council shall from time to time determine.
Sect. 2. The said physician shall attend, at his
office, or at such place as may be designated, at such
times during the day as the Board of Aldermen may
direct ; and he shall vaccinate any inhabitant of the
20
154 CITY ORDINANCES.
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 sufiicient 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.
Sect. 6. The said City Physician shall likewise per-
form all professional services required at the Cit}^
Almshouse, when called ujjon by the Superintendent
CITY ORDINANCES. 155
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 the 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 Police.
Sect. 8. This Ordinance shall go into eifect 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 ordained^ (&c., asfollotus :
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 folloivs :
That all money received on account of the sale of
real estate, of any description, now belonging, or which
156 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 per centum of
the amount of the principal of the City Debt, shall be,
and the same is hereby appropriated for the payment
or purchase of the capital of the City Debt.
[Passed June 14, 1858.]
[No. 51.]
An Ordinance in addition to "An Ordinance regula-
ting the Fire Department of the City of Roxbury."
Be it ordained, &c., as foUoivs :
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.
[PassedJnne 14, 1858.]
CITY ORDINANCES. 157
[No. 52.]
An Ordinance to establish Regulations for the Removal
of Buildings in the City of Roxbury.
Be it ordained, (&c., as follotvs :
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
158 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 an}^ 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-
ino; 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.]
CITY ORDINANCES. 159
[No. 54.]
An Ordinance in relation to the Acceptance of Streets
in the City of Roxbury.
Be it ordainedy (&c., as folloivs :
Sect. 1. No street ah^eady 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 folloivs :
Sect. 1. The first section of an Ordinance of said
City, entitled " An Ordinance authorizing the appoint-
160 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
enterino; the Eno;ine Houses.
Be it ordained, &c., as follows :
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 ORDINANCES. 161
son or persons who may be duly authorized to make
any repairs in or upon any Engine House, or fire
apj)aratus 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 0]3eration from and after its passage.
[Passed April 11, 1859.]
21
162 CITY ORDINANCES.
[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, passed in the year eighteen
hundred and fifty-nine, entitled, an "Act relating to
a Channel called the Roxbury 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 ORDINAISrCES. 163
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 Rules 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. GO.]
An Ordinance concerning the Removal of House Offal
and Night Soil from the City.
Be it ordained, &c., as folloivs :
Sect. 1. All house offal, whether consisting of ani-
mal or vegetable substances, shall be deposited in con-
164 CITY ORDINANCES.
Yenient 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 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 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 accepting as
aforesaid, shall be entitled to collect and receive of the
owner, agent, or occupant, or other person having
CITY ORDINANCES. 165
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 nisrht
o
soil, and shall be held responsible for any unnecessary
damage he may cause to property while in the per-
formance of such business. The Maj^-or 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 nof 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.
166 CITY OKDINANCES.
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 effect from and
after its passage.
[Passed May 9, 1859.]
[No. 61.]
An Ordinance relating to Truant Children and Absen-
tees from School.
[Repealed by Ordinance No. 62.]
[No. 62.]
An Ordinance in relation to Truant Children and Ab-
sentees from School.
Be it ordained, &c., as foUotvs :
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 thereunto, passed the twentieth day of May, in
the year one thousand eight hundred and fifty-two, en-
titled " An Act in addition to an Act concerning Tru-
ant Children and Absentees from School," and avails
itself of the provisions of said acts.
Sect. 2. Any minor, in said city, between the ages
of six and fifteen years, "who shall be guilty of being
an habitual Truant, and of not attending school, or of
being without any regular and lawful occupation, or of
growing up in ignorance, shall, upon conviction there-
CITY ORDINANCES. 167
of, be piinisliecl by a fine not exceeding twenty dollars :
or instead thereof, by being committed to the Alms-
house of said City of Roxbury, and situated therein,
at the discretion of the Justice of the Police Court of
said cit}^, having jurisdiction of the case, for such time
as said Justice 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 according to the provisions of
the said acts.
Sect. 3. The Standino^ Justice of the Police Court
of said cit}'-, shall have jurisdiction of all the offences
herein set forth. And said Almshouse as aforesaid,
is hereby assigned 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, appoint three or more
persons to make the complaints in every case of viola-
tion of this Ordinance, to the said Justice having juris-
diction of all the offences herein set forth, and to carry
into execution the judgments of said Justice in con-
formity with the provisions of said acts.
Sect. 5. The Ordinance in relation to Truant Chil-
dren and Absentees from School, passed May 16, 1859,
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 heretofore been repealed, shall be
revived by the repeal herein contained.
[Passed June 20, 1859. J
[Approved by the Court of Common Pleas.]
168 CITY ORDINANCES
[No. 63.]
An Ordinance concerning Dogs.
Be it ordained^ <&c., as follotus :
Sect. 1. On complaint made to the City Marshal of
any clog within the City of Eoxbury which shall, by
barking, biting, howling, or in any other way or man-
ner, disturb the quiet of any person or persons whom-
soever in said city, the City Marshal shall, on such
complaint (if he shall be satisfied that good cause
exists therefor), 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 said city, or to be destroyed, he or she shall
forfeit and pay a sum not exceeding ten dollars. Pro-
vided, it shall be proved to the satisfaction of the court
before which such complaint shall be heard and tried,
that such dog had, in manner aforesaid, disturbed the
quiet of any person or persons in said city.
Sect. 2. If any person, after being convicted under
the 23 ro visions of the foregoing section, shall still neg-
lect to destroy, or to remove beyond the limits of said
city, his or her dog, on being ordered by the City
Marshal so to do, it shall be the duty of the City Mar-
shal to cause such dog to be destroyed.
Sect. 3. Nothing contained in this Ordinance shall
relate to any dog not owned or kept in the city of
Roxbury.
Sect. 4. An Ordinance of said city entitled " An
Ordinance restraining the going at large of Dogs within
CITY ORDINANCES. 169
the City of Roxbury," passed Aug. 6th, A. D. 1846, is
hereby repealed.
Sect. 5. This Ordinance shall take effect and go
into operation from and after its passage.
[Passed December 30, 1859.]
[No. 64.]
An Ordinance in relation to the Removal of Snow and
Ice from Sidewalks.
Be it ordained, dc, asfollotus :
Sect. 1. The owner or tenant of any estate abut-
ting upon any sidewalk in any street, lane, alley, court,
square, or public place in the city of Roxbury, who
shall not, within twenty-four hours after the ceasing to
fall of any snow, remove or cause the same to be re-
moved from any sidewalk as aforesaid, 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 snow, as aforesaid, shall remain on
such sidewalk, such owner or tenant 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 as aforesaid.
Sect. 3. Whenever any sidewalk, as aforesaid, shall
wholly or in part be encumbered with ice, it shall be
the duty of the owner or tenant, as mentioned in sec-
tion first of this Ordinance, to cause such sidewalk to
be made safe and convenient, by removing the ice
therefrom, or by covering the same with sand or some
other suitable substance ; and in case such owner or
22
170 CITY ORDINANCES.
tenant shall neglect so to do for the space of twenty-
four hours after such sidewalk shall be encumbered as
aforesaid, 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 be so
encumbered.
Sect. 4. An Ordinance passed December 27th,
1858, entitled " An Ordinance in relation to the Re-
moval of Snow and Ice from Sidewalks," is hereby
repealed.
Sect. 5. This Ordinance shall take effect from and
after its passage.
[Passed January 30, I860.]
Cilj d llo^iBi'j.
RULES AID ORDERS
BOARD OF ALDERMEN
I. The order of business shall be as follows :
1. The journal of the previous meeting shall be
read.
2. Petitions shall next be called for, and be disposed
of by reference or otherwise.
3. Such nominations, appointments and elections as
may be in order, shall be considered and disposed of
4. The orders of the day shall be taken up, meaning
by the orders of the day, the business remaining 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-
172 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 paj^ment, 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.
VI. All Committees shall be appointed and an-
nounced by the Mayor, except such as the Board of
Aldermen shall determine to elect by ballot.
VII. The above rules and orders of business shall
be observed in all cases, unless suspended by a vote
of two-thirds of the members present for a specific
purpose.
RULES AND ORDERS
COMMON COUNCIL
Rights and Duties of the President
Sect. 1. The President shall take the chair at the
hour to which the Council shall have adjourned ; shall
call the members to order, and, on the appearance
of a quorum, shall cause the minutes of the preceding
meeting to be read, and proceed to business. In the
absence of the President, any member present can call
the Council to order, and preside until a President j^^ro
tempore shall be chosen by ballot. If, upon a ballot
for President pro tempore, no member shall receive a
majority of votes, the Council shall proceed to a second
ballot, in which a plurality of votes shall prevail.
Sect. 2. He shall preserve order and decorum ; he
may speak to points of order in preference to other
members ; and shall decide all questions of order, 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
174 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 initil 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. 6. 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 ma}^ express his opinion on any
subject under debate ; but in such case he shall leave
the chair, and appoint some other member to take it ;
and he shall not resume the chair while the same 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 previous in its nature ; except that in
naming sums and fixing times, the largest sum and
longest time shall be put first.
Sect. 9. After a motion is stated by the President,
it shall be disposed of by vote of the Council, unless
the mover withdraw it before a decision or amendment.
Sect. 10. When a question is under debate, the
In the City of Roxbury^for 1860. 175
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 noiv fut? "
— and all debate upon the main question shall be sus-
pended until the previous question shall de 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.
176 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 Council, 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
another member by his name ; but may describe him
by the Ward he represents, or such other designation
as may be intelligible and respectful.
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
without leave.
Sect. 20. When a motion is made and seconded, it
shall be considered by the Council, and not otherwise ;
and no member shall be permitted to submit a motion
in writing, until he has read the same in his place, and
it has been seconded.
In the Citt/ of MoxhuTT/, for 1860. 177
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 succeeding
meeting, and if the motion is seconded, it shall be open
to debate ; but if the motion to reconsider it is not
made till the next meeting, the subject shall not be
reconsidered, unless a majority of the whole Council
shall vote therefor. And no more than one motion for
the reconsideration of any vote shall be permitted.
Sect, 23. No member shall be permitted to stand
up, to the interruption of another, whilst any member
is speaking ; or to pass unnecessarily between the
President and the person speaking.
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; o;iven 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.
23
178 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. Standino- 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-
I
In the City of Roxhury^for 1860. 1T9
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-
180 Rules and 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 officers 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 proAdded 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 re-
cords 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.
182 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 mid Orders of the City Council. 183
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 disagreement 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 h/ the City Council of the City
of RoxburyT
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, or purposes, the form shall be " Resolved."
Sect. 6. No Committee shall act by separate con-
184 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
supplies 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. 185
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 Ordmance 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 or-
dained ; 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 there-
on within four weeks, or ask for further time.
24
186 Joint Rules and Orders of the Oity 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.
SCHOOL
\
Desk
Desl
ENTRY
SAFE
Desk.
TaHe
2ND STORY.
CLOSET
COMMITTEE ROOM
OFFICE OF THE
TaWe
FIRE DEPARTMENT.
HALL
ASSESSORS
Table
ROOM
HALL
JOS W. TUCKER.
J9?W.DUDLE
TaT)le
CITY CLERK
CLERKS PRIVATE
ROOM.
CLOSET
CITY TREASURER
CLOSET
Desk
Book
^^^^^- 1 treasurer's private
ROOM,
J H BUFFOROS LITH. 313 WASHINGTON ST, BOSTON
GOVERN MEl^T
CITY OF ROXBUEY,
I860.
MAYOR.
THEODORE OTIS,
Walnut Street.
[Salary $1500. Charter, Sect. 7.]
ALDEEMEN.
WILLIAM B. MAY, . .
JOSHUA B. FOWLE, . .
JERAHMEEL C. PRATT,
WILLIAM CURTIS, . .
GIDEON B. RICHMOND,
JOHN C. CLAPP, . . .
ALONZO W. FOLSOM, .
GEORGE FROST, . . .
St. James Street,
At Large,
Yernon Street,
ii
Ruggles Street,
a
Davis Street,
Ward 1.
Franklin Place,
" 2.
Oakland Place,
" 3.
Parker Street,
" 4.
Winthrop Street,
" 5.
188
CITY OFFICERS.
COMMON COUNCIL.
EBENEZER W. BUMSTEAD, President,
Wakken Street.
Ward 1.
Benjamin F. Campbell,
Asa Wyman,
L. Foster Morse,
Charles Stanwood, .
Davis Street.
Zeigler Street.
Zeigler Street.
Orchard Street.
Ward 2.
Teacher F. Sweat,
JoHM M. Marston,
Albert Batchelder,
Edward Lang, Jr.,
Ruggles Street.
Church Place.
Vernon Street.
Buggies Place.
Ward 3.
George B. Faunce,
Patrick R. Guiney,
William H. Ward,
Malcom McLaughlin,
Washington Street.
Washington Place.
Brooks Street.
Washington Street.
Ward 4.
Hartley E. Woodbridge,
Phineas B. Smith,
Moses H. Daj, .
Frederick A. Brown, .
Oak Street.
Marcella Street.
Cross Street.
Cedar Street.
Ward 5.
Ebenezer W. Bumstead,
Charles D. Swain,
Oliver J. Curtis,
William H. McIntosh,
Warren Street.
Greenville Street.
Regent Street.
Regent Street.
CITY OFFICERS
189
JOINT STANDING COMMITTEES OF THE CITY COUNCIL.
ON FINANCE.
The Mayor.
Alderman
Maj.
Common Council.
Messrs. Sweat,
Ward,
Wyman,
Brown,
Curtis.
ON ACCOUNTS.
Aldermen
Common Council.
Clapp,
Messrs. Campbell,
Folsom.
Swain,
Faunce.
ON PUBLIC PROPERTY.
Aldermen
Common Council.
Frost,
Messrs. Batchelder,
Folsom,
Woodbridge,
Richmond.
Stanwood,
Ward,
Swain.
ON PUBLIC INSTRUCTION.
The Mayor.
Common Council.
Aldermen
Messrs. Bumstead, ex officio
Fowle,
Day,
Clapp.
Wyman,
Marston,
Ward.
ON STREETS.
The Mayor.
Common Council.
Aldermen
Messrs. Wyman,
Frost,
Smith,
Richmond.
Lang, Jr.,
Swain,
Guiney.
190
CITY OFFICEES
ON SEW
ERAGE.
The Mayor.
Common Council.
Aldermen
Messrs. Marston,
Folsom,
Brown,
Pratt.
Stanwood,
Mcintosh,
Faunce.
ON LAMPS.
Aldermen
Common Council.
Folsom,
Messrs. Woodhridge,
Clapp.
Curtis,
Sweat.
ON THE EIRE DEPARTMENT.
Aldermen
Common Council.
May,
Messrs. Sweat,
Fowle,
Campbell,
Curtis.
Brown,
Mcintosh,
Morse.
ON BURIAL GROUNDS.
The Mayor.
Common CounciL
Aldermen
Messrs. Smith,
Pratt,
Lang, Jr.,
May.
Mcintosh,
Morse,
McLaughlin.
ON FUEL.
Aldermen
Common Council.
Clapp,
Messrs. Campbell,
Folsom.
Day,
Batchelder.
CITY OFFICERS.
191
ON
POOR AND ALMSHOUSE.
The Mayor.
Common Council.
Alderman
Messrs. Faunce,
Curtis.
Lang, Jr.,
McLaughlin
ON PRINTING.
Aldermen
Common Council.
Frost,
Messrs. Curtis,
Richmond.
Sweat,
Faunce.
JOINT SPECIAL COMMITTEES.
ON
A
FREE PUBLIC LIBRARY.
The Mayor.
Commo7i Comicil.
Aldermen
Messrs. Curtis,
Clapp,
Day,
Frost.
Stanwood,
Guiney,
Sweat.
ON
PUBLIC
PARKS OR SQUARES.
The Mayor.
Common Council.
Aldermen
Messrs. Campbell,
Fowle,
Batchelder,
Richmond.
Faunce,
Woodbridge,
Mcintosh.
192 CITYOFFICEES.
STANDING COMMITTEES OF THE BOARD OP ALDERMEN
ON POLICE.
The Mayor, Aldermen Frost and Curtis.
Ojst licenses.
The Mayor, Aldermen Clapp and Richmond.
ON BILLS AND ACCOUNTS PRESENTED FOR PAYMENT.
Aldermen Folsom, Pratt and Curtis.
ON ENROLMENT.
Aldermen May, Pratt and Richmond.
STANDING COMMITTEES OF THE COMMON COUNCIL.
ON ELECTIONS.
Messrs. Day, Marston and Woodbridge.
ON ENROLLED ORDINANCES.
Messrs. Batchelder, Morse and Guiney.
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
ill Convention, in January. Office, City Hall. Charter, Sect. 8.]
CLERK OF COMMON COUNCIL.
FRANKLIN WILLIAMS, Union Street.
[Salary $200. Chosen by Common Council. Charter, Sect. 6.]
CITY MESSENGER.
WILLIAN N. FELTON, Zeigler Street.
[Salary $57.5. Chosen by concui-rent vote in April. Ordinance, No. 5.]
CITY OFFICERS. 193
TREASURY DEPARTMENT.
TREASURER AND COLLECTOR.
Joseph W. Dudley, Blanchard Place. .
[Salary $1800. Chosen by City Council, in Convention, in January. Office
City Hall. Charter, Sect. 8. See Ordinance No. 8. J
assessors.
Laban S. Beecher, Joshua Seaver, William Rumrill.
[Eeceive $350 each, and $100 for Clerk hire. Chosen by City Council, in
Convention, in April. Charter, sections 8 and II.]
ASSISTANT ASSESSORS.
Ward 4. Daniel W. Glidden,
5. William Barton.
Ward 1. Simeon Litchfield,
2. William Seaver,
3. Sylvester L. Ward,
[Keceive $20 each. Chosen in each Ward where they reside. Charter, Sect. 11.]
SURVEYORS OF HIGHWAYS.
[Ordinance No. 3, Sect. 1.]
Theodore Otis,
William B. May,
Joshua B. Fowle,
Jerahmeel C. Pratt,
William Curtis,
Gideon B. Richmond,
John C. Clapp,
Alonzo W. Folsom,
George Frost.
COMMISSIONER OF STREETS.
HoLMAN Page, Highland Street.
[Salary $1000. Chosen by the Mayor and Aldermen, in January. Ord. No. 40.]
25
194
CITY OFFICERS.
HARBOR MASTER.
Franklin Winchester, Eaton Street.
[Salary $100. Appointed in April. Ordinance No. 58.]
OVERSEERS OF THE POOR.
The Mayor, ex officio, Chairman.
Ward 4. George Curtis,
5. Joseph B. Young.
Ward 1. Ebenezer Chamberlin
2. Ira Allen,
3. Owen McPartland,
[Cliosen in each Ward where they reside. Charter, Sect. 11.]
THE ALMSHOUSE.
Ezra Young, Superintendent.
[Salary $500. Appointed by the Overseers of the Poor.]
John S. Flint, M. D., Physician, Bartlett Street.
[Salary $100. Appointed by the Overseers of the Poor.]
CEMETERY AT FOREST HILLS.
BOARD OF COMMISSIONERS.
[Elected by the City Council. See Act, p. 31.]
Francis C. Head,
Alvah Kittredge,
William J. Reynolds,
E. W. Bumstead,
George Lewis,
Alvah Kittredge, Chairman.
Francis C. Head, Secretary.
Joseph W. Dudley, City Treas., Treasurer
Joseph W. Tucker, Register.
Oliver Moultou, Superintendent.
Term expires.
1861
1862
1863
1864
1865
CITY OFFICERS. 195
FIRE DEPARTMENT.
[Ordinance No. 34.]
CHIEF ENGINEER.
James Munroe, Webber Street.
[Salary $325.]
ASSISTANT ENGINEERS.
1. Gilbert S. Maj,
2. Amory F. Sherman,
3. Robert Simpson,
4. John Culligin.
[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.
Theodore S. Robinson.
America Co. No. 2. Centre Stroet.
Moses N. Hubbard.
Torrent Co. No. 6. Eustis Street.
Phineas D. Allen.
Tremont Co. No. T. Ruggles Street.
John Brooks.
Washington Hook and Ladder Co. Dudley, cor. Warren Street.
Edward W. Murray.
CocMtuate Hose Co. Washington Street, near Railroad Crossing,
Thomas A. Scott.
196
CITY OPFICEES.
TABLE OP THE PAY OF THE OFFICERS AND MEMBERS.
Name of Ensrine.
^
OS
o
cc
$70
$100
70
100
70
100
70
100
60
80
55
65
go
> ^
^ so
FiJli
Warren, No. 1,
America, No. 2,
Torrent, No. 6,
Tremont, No. 7,
Hook and Ladder Company, . .
Cochituate Hose Company, . .
80
80
80
80
38
38
38
38
18
10
36
36
36
36
36
The Members of the Engine Companies are appointed by the Mayor and
Aldermen. Their compensation is determined by the City Council.
HEALTH DEPARTMENT.
BOARD OF HEALTH.
[Charter, Sect. 13. Ordinanre No. 36.]
The Mayor and Aldermen.
CONSULTING PHYSICIANS.
Charles M. Windship, M. D.
Timothy R. Nute, M. D.
Horatio G. Morse, M. D.
[Appointed by the Mayor and Aldermen, in May or June. Ordinance No. 14.]
CITY PHYSICIAN.
Joseph H. Streeter, M. D., Washington Street.
[Salary $200. Chosen by concurrent vote in May. Ordinance No. 48. Office
rear of City Hall.]
SUPERINTENDENT OF BURIAL GROUNDS AND UNDERTAKER.
John C. Seaver, corner Union and Short Streets.
[Ordinance No. 12.]
CITY OFFICERS. 197
CITY SOLICITOR.
William Gaston, Linden Park.
[Salary $800. Chosen by concurrent vote, in February. Ordinance No. 4.3.J
POLICE DEPARTMENT.
POLICE COURT.
STANDING JUSTICE.
Peter S. Wheelock, Bower Street.
[Salary $1500.]
clerk.
Arial I. CuMMiNGS, Dudley Street.
[Salary $500.]
special justices.
Joshua Seaver, Eben Jones.
city marshal.
Benjamin Meriam, Shawmut Avenue.
[Salary $2.50 per diem. Ordinance No. 45. Appointed by the Mayor and
Aldermen.]
ASSISTANT MARSHALS.
Joseph Hubbard, Hiram A. Campbell.
[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.
Joseph Parker,
Edward F. Mecuen,
Elbridge G. Cobb,
Joseph Hastings,
Thomas Culligin,
[Pay $2. Appointed by the Mayor and Aldermen.]
James Staniels,
Henry Morse,
George R. Matthews,
George H. Bills.
198
CITY OFFICERS.
CONSTABLES.
Benjamin Meriam,
William D. CooIj,
Joseph Hubbard,
Hawley Folsom,
Hiram A. Campbell,
Morrill P. Berry,
Samuel Mcintosh,
Henry L. Ford,
Jeremiah M. Swett,
Matthew Clark,
Joseph Parker,
Edward F. Mecuen,
[Appointed
Elbridge G. Cobb,
William E. Hicks,
Sylvester E. Partridge,
Joseph Hastings,
Thomas Culligin,
James Staniels,
Phineas B. Smith.
George R. Matthews,
Henry Morse,
Nehemiah Mack,
George H. Bills,
Moses N. Hubbard.
by the Mayor and Aldermen.]
F. D. Osgood,
James D. Loker,
James Munroe,
Sylvester E. Partridge
William D. Cook,
SPECIAL POLICE.
[Without Pay.]
Samuel Mcintosh,
Jeremiah M. Swett,
Hawley Folsom,
William E. Hicks,
Matthew Clark.
Thomas Adams,
Morrill P. Berry,
Ira Allen, .
CORONERS.
Vernon Street.
Vernon Street.
Cabot Street.
TRUANT OFFICERS.
William D. Cook,
Joseph Hubbard,
Hawley Folsom,
Samuel Mcintosh,
Matthew Clark,
Benjamin Meriam,
Jeremiah M. Swett,
Wilham E. Hicks,
Hiram A. Campbell.
[Ordinance No. 62. Appointed by the Mayor and Aldermen.]
CITY OFFICERS. 199
SUBORDINATE OFFICERS.
The following Officers are first elected by the Mayor and Al-
dermen, and then sent to the Common Council for their concur-
rence. They are all paid by fees. [Ordinance No. 3.]
FIELD DRIVERS AND HOGREEVES.
Bradbury Pevear,
William Lingham,
WilHam D. Cook,
Henly L. Ford,
Jeremiah M. Swett,
Elbrido-e G. Cobb,
Edward F. Mecuen,
Matthew Clark,
Thomas CuUigin,
Samuel Mcintosh,
Hawley Folsom,
William B. Hicks.
FENCE VIEWERS.
John Dove, William Seaver, David Simpson.
POUND KEEPER.
Ezra Young.
TYTHINGMEN.
Elbridge A. Hovey, | Phineas B. Smith.
SEALERS OF LEATHER.
Keuben M. Stackpole, | Joseph W. Winslow.
MEASURERS OF WOOD AND BARK.
Elbridge A. Hovey,
Stephen Faunce,
WilUam Seaver,
Henry Basford,
George B. Faunce,
Stephen Hammond.
WEIGHER OF HAY.
Andrew W. Newman.
SEALER OF WEIGHTS AND MEASURES.
Melzar Waterman.
200
PUBLIC SCHOOLS.
PUBLIC SCHOOLS.
SCHOOL COMMITTEE.
[Charter, Sect. 11. Ordinance No. 22.]
Horatio G. Morse, Chairman. \ Joshua Seaver, Secretary.
Elected at Large.
George Putnam, William A. Crafts, Edwin Ray.
Elected hy Wards.
Ward 1. — Horatio G. Morse, Franklin Williams.
" 2. — Joshua Seaver, Ira Allen.
" 3.— T. E. Nute, John D. McGill.
" 4. — John W. Olmstead, Jeremiah Plympton.
" 5. — Sylvester Bliss, William S. King.
sub-committees.
Regulations — Messrs. Olmstead, Williams, Seaver.
Finance — Messrs. Seaver, King, Crafts.
Music and Drawing — Messrs. Nute, Allen, Williams.
Boohs — Messrs. Morse (ex. off.'), Putnam, Crafts, Olmstead,
Bhss.
Examination of Primary Scliool Teachers — Messrs. Morse,
(ex. off.), Raj, Olmstead, Allen, Plympton.
op different schools.
Schools.
Location.
Local Committee.
Latin,
Mount Vernon Place, .
Under charge of Trustees.
Higli School, . . .
Kenilworth Street, . .
Crafts, Ray, Nute.
Dudley
Kenilworth & Bartlett Sts.
Allen, Bliss, Williams.
Washington, . . .
Washington Street, . .
Seaver, King, McGill.
Dearborn, ....
Dearborn Place, . . .
Ray, Williams, Bliss.
Comins, ....
Gore Avenue, ....
Olmstciul, Putnam, Plympton.
Francis Street, . .
Francis Street, ....
Crafts, Nute, McGill.
PUBLIC SCHOOLS
201
LATIN AND ENGLISH HIGH SCHOOL.
Augustus H. Buck, Principal.
William C. Collar, Assistant.
This School is under the direction of a Board of Trustees, consisting of the
following gentlemen : —
George Putnam, President.
James Guild, Treasurer.
Charles K. Dillawaj, Sec'y.
Thomas D. Anderson,
A. C. Thompson,
Theodore Otis,
S. P. Blake,
John S. Sleeper,
Joseph S. Ropes,
William S. Leland,
S. C. Thwing.
HIGH SCHOOL — FOR BOTH SEXES,
S. M. Weston, Principal.
George H. Gorelj, Assistant.
DUDLEY SCHOOL — FOE GIRLS.
Adeline Seaver, Principal.
Emmie C. Allen, Assistant.
2d Division, Sarah J. Leavitt ; 3d, Clara B, Tucker ; 4th,
Helen J. Otis.
WASHINGTON SCHOOL— FOR BOYS.
John Kneeland, Principal.
Harriet E. Burrell, Assistant.
2d Division, Ann M. Williams ; 3d, Delia Mansfield ; 4th, Re-
becca A. Jordan ; 5th, Caroline C. Drown ; 6th, Harriet M.
Daniell.
26
202
PUBLIC SCHOOLS.
DEARBORN SCHOOL— BOTH SEXES.
William H. Long, Principal.
Ruth P. Stockbridge, Assistant.
BOYS DIVISIONS.
Maria Louisa Tincker,
Sarah S. Adams,
Henrietta M. Young,
Fannie L. Bredeen,
Louisa J. Fisher.
GIRLS DIVISIONS.
Ellen A. Marean,
Caroline J. Nash,
Clementine B. Thompson,
Mary G. Hewes.
COMINS SCHOOL— BOTH SEXES.
Daniel W. Jones, Principal.
Sarah A. M. Cushing, Assistant.
BOTS DIVISIONS.
Ahce C. Pierce,
Sarah M. Vose,
Esther M. Nickerson,
Nancy L. Tucker,
Mary T. Angier.
GIRLS DIVISIONS.
Mary C. Eaton,
EHzabeth W. Young,
Almira W. Chamberline,
Elizabeth A. Morse,
Charlotte P. WiUiams.
FRANCIS STREET SCHOOL — BOTH SEXES.
Sophronia F. Wright, Principal.
TEACHER OF MUSIC IN GRAMMAR SCHOOLS.
Charles Butler.
CURATOR OF SCHOOL BUILDINGS.
Jonas Pierce, Jr., Dudley Street.
PUBLIC SCHOOLS
203
PRIMARY SCHOOLS AND LOCAL COMMITTEES — 1860.
[Each School for both Sexes. — Salary of each Teacher S300,]
TEACHERS.
No. 1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
Sarah T. Jennison ■
Eliza Brown
Sarah O. Babcock • • • •
Sarah H. Hosmer ■ • • •
Margaret E. Davis- • • •
Mary F. Neal
Emma C. Wales
Mary L. Walker
Ann M. Backup
Susannah L. Durant- •
Kate F. Mayall
Eliza D. Cole
Sophia L. Stone
Sarah E. Field
Cornelia J. Bills
Mary C. Williams
Sarah J. Davis
Clara M. Adams
Sarah W. Holbrook • • •
Elizabeth Waldock • • •
Caroline N. Heath- - - -
Mary A. Waldock
Anna M. Eaton
Caroline Y. Rice
Mary H. Hicks
Sarah C. Duncklee- - -
Asenath Nichols
Emily W. Fillebrown •
Martha H. Horn
Henrietta M. Wood • •
Mary A. Morse
Maria L. J. Perry- - -
Matilda M. Hutchins- •
Almira B. Russell - - •
Frances N. Brooks - -
Maria L. Young
Anne E. Boynton - - •
H. B. Scammell
S. A. P. Fernald----
Caroline E. Jennison-
LOCATION.
Yeoman Street -
Eustis Street- •
Sumner Street
Eustis Street- -
Sumner Street
Vernon Street
Sudbury Street -
Avon Place
Mill Dam
Francis Street- - -
Heath Street- • - -
Smith Street • - - -
Heath Place
u a
a u
Orange Street- - •
Centre Street • - -
(1 (('
Edinboro' Street-
Munroe Street - -
Winthrop Street -
Elm Street-
(( a
Almshouse -
East Street •
COMMITTEES.
Morse.
Williams.
Bliss.
Allen.
McGill.
u
Allen.
Crafts.
Putnam.
Nute.
(I
Seaver.
Olmstead.
((
Plympton.
Ray.
(1
u
King.
u
Allen.
Morse.
204
WARD OFFICERS.
WARD OFFICERS.
Warden,
Jolin Jones.
Clerk,
Tappan S. Eaton.
Ward 1.
Inspectors,
Charles Erskine,
Mason G. Field,
Augustus L. Litchfield.
Ward 2.
Warden,
Joshua Seaver.
Clerk,
Anthony B. Shaw.
Inspectors,
Square G. Brooks,
Henry B. Phelps,
Henry E. Lingham.
Ward 3.
Warden,
John McElroy.
Clerk,
Michael J. Killion.
Inspectors,
Owen McPartland,
James Crosby,
Thomas Feely.
Ward 4.
Warden,
George Curtis.
Clerk,
George J. Hopkins.
Inspectors,
G. A. Kittredge,
Silas Dole,
Charles W. Kennard.
Ward 5.
Warden,
Henry Parkhurst.
Clerk,
Henry C. Stowell.
Inspectors,
Mitchell Leavitt,
William H. Hill, Jr.
Robert Ramsdell.
WARDS. 205
W A E D S ,
As divided and established by the Board of Selectmen of the
Town of Roxbury, 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.
206 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 line between West Roxbury and
Roxbury ; thence in a direct line to the division line between
BrookHne, 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, Win throp Street.
INSTRUCTIONS FOR WARD OFFICERS.
OP 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 EECOKDS.
1. Clerk to keep the i-ecords.
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 any election of ^,f^uits^gOf
any civil officer or officers in this Commonwealth, the mined!"'""
11 If. 1 1 • 1 11 ^*at- 1858-
whole number ot persons who voted at such election shall ch. ist, § i.
first be ascertained, by counting the whole number of
separate ballots given in, and the person or persons who
shall receive the highest number of votes shall be deemed
and declared to be elected ; and in all returns of elec-
tions, the whole number of ballots shall be distinctly
stated, but blank pieces of paper shall not be counted as
ballots.
2. If at any election where more than one civil officer same ^sub-
is to be elected to the same office, any two or more can-^'^-
didates 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.
3. By the establishing of the plurality law, in all cases, Effectofpiu-
in this Commonwealth, the difficulties which formerly
208 INSTRUCTIOISrS FOR WARD OFFICERS.
existed in determining the result of an election have been
mine whole almost entirely removed. Errors in regard to the whole
ballots. number of ballots may, however, be made by Ward
Officers, and they should be particularly careful in ascer-
taining it exactly, and recording it correctly, since other-
wise the whole number of ballots as returned by them
will not agree with the sum of the ballots given for each
candidate. They should bear in mind that, although
several ballots for different officers may be enclosed in
one envelope, or 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.
fl^elsfcfbe*^ 4. When an office is to be filled by but one person, as
personf&c"*' Govcrnor, Lieutenant Governor, Register of Deeds,
County Treasurer, Mayor, Warden, Ward Clerk, &;c.,
the whole number of ballots may be ascertained cor-
rectly, after counting the votes for each candidate, hy
adding together all the votes cast for each candidate for
the same office.
When an of- 5, When an office is to be filled by more than one
fioe IS to be -^
more tVan pcrsou, as Scuators, Kepresentatives, County Commis-
&c! ^®'^*'°' sioners, and Special Commissioners, 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 Aldermen, and so on, through the whole
list of offices to be filled.
Whole num- g, ^\^q obicct of the law in ascertaining the whole
ber of bal- "J o
number of ballots, is to ascertain the whole number of
voters who vote for a candidate or candidates for each
office, and therefore, if a person votes for only one Rep-
resentative when he might vote for five on the same bal-
lots,
INSTRUCTIONS FOR WARD OFFICERS. 209
lot, 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 only, that j|f(.°^®®"^'''
vote should not be counted in making up the whole num-
ber for Senators, or if a person votes for Mayor and Al-
dermen, that vote, which is composed of two ballots,
should be counted as one ballot for Mayor, and one bal-
lot for Aldermen, but not as a ballot for Common Coun-
cilmen, nor Inspectors of Elections, &c., as frequently
happens where the tickets are taken as the ballots.
OF KEEPING WARD RECORDS.
1. It is the Clerk's duty to keep the records, and^^|'p\|fg
they should be signed by him alone, and not by the ^'^'^°'^'^"
Warden and Inspectors,
2. The Avarrant calling the meeting, and the officer's ^'^5"''°*
o 0 7 and return
return thereon, should be first copied on the book, and a?id ceru-^*^
certified as true copies. The record should then pro-
ceed in this form, varied to meet the circumstances of
the case : —
"Pursuant to the foregoina; warrant, the inhabitants Record of
° '^ ' meeting.
of Ward No, — , qualified to vote as the law directs, as-
sembled at the time and place and for the purposes
therein expressed.
" At — o'clock, A. M., the warrant calhng the meet- pous opened,
ing was read by the Warden, who then called upon the
inhabitants of said Ward, qualified by law to vote, to
give in their ballots for the purposes expressed in said
warrant.
" At — o'clock, P. M., the polls were closed, and the Poiis closed.
whole number of ballots given in having been sorted and
counted by the Warden and Inspectors of Elections in the
manner provided by law, the result was as follows : —
" The whole number of ballots for Governor was ;
A. B. had ;
C. D. had ;
27
210
INSTRUCTIONS EOR WARD OFFICERS
Election in
all the
Wards.
Election in
single Ward.
" The whole number of ballots for Senators was ;
E. F. had ;
G. H. had ."
(J.n£? so on through the whole list. When the election
is determined by each Ward alone, as Common Council-
men, Warden, Inspectors, and Ward Clerk, the record
should be made up thus : — )
" The whole number of ballots for Common Council-
vote
declared.
Meeting
dissolved.
Clerk's
attestation.
men was
A. B. had
C. D. had
E. F. had
G. H. had
And thej are elected.
M. N. had ,
0. P. had ."
(^And so on through the list.^
" The state of the ballots, as sorted, counted and re-
corded as above in open Ward meeting, was declared to
the meeting by the Warden.
" The meeting was then dissolvisd.
" A true record.
X. Y. Z., Ward Clerk.''
MODES OF APPOINTMENT OF CITY OFFICERS.
211
MODES AND TIMES OF APPOINTMENT
OF THE VARIOUS CITY OFFICERS.
City Clerk — in Convention, .... January.
Undertaker — Mayor and Aldermen.
Chief and Assistant Engineers — in Convention, April.
Commissioner of Streets — Mayor and Alder-
men, ........ January.
Field Drivers and Hogreeves, Fence Viewers,
Pound Keeper, Tythingmen, Sealers of
Leather, Measurers of Wood and Bark,
Weigher of Hay, Sealer of Weights and
Measures, Weighers of Coal — Concurrent
vote, first acted upon by the Mayor and
Aldermen, ...... April.
Officer to complain of Truants — Mayor and
Aldermen, ...... January.
Assessors — in Convention, .... April.
City Marshal and Assistants, Pohce and Watch-
men— Mayor and Aldermen, . . . January.
Constables — Mayor and Aldermen, . . April.
City Treasurer — in Convention, . . . January.
Consulting Physicians — Mayor and Aldermen, May or June.
City Messenger — Concurrent vote, first elected
by the Mayor and Aldermen, . . . April.
Superintendent of Burial Grounds — Mayor and
Aldermen, ...... April.
City Solicitor — Concurrent vote of both branches
of the City Council, .... February.
City Physician — Concurrent vote of both
branches of the City Council, . . . May.
Harbor Master — Elected by City Council, . April.
212 TAXES.
TAXES.
The amount of Taxes assessed on the Real and Personal
Estates in the Citj of Koxbury, from 1846 :
1846.
Valuation of Real and Personal Estates, . $12,543,900.00
At $5.00 per $1,000, is ... . $62,719.50
No. of Polls 3,668, at $1.50 each, is . . 5,502.00
Total Tax for 1846, .... $68,221.50
1847.
Valuation of Real and Personal Estates, . $12,628,300.00
At $5.70 per $1,000, is ... . $71,981.31
No. of Polls 3,806, at $1.50 each, is . . 5,709.00
Total Tax for 1847, .... $77,690.31
1848.
Valuation of Real and Personal Estates, . $13,174,600.00
At $5.70 per $1,000, is .... $75,095.22
No. of Polls 3,999, at $1.50 each, is . . 5,998.50
Total Tax for 1848, .... $81,093.72
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. 21i
1850
Valuation of Real Estate, .... $9,560,800.00
Valuation of Personal Estate, . . . 4,152,000.00
$13,712,800.00
At $6.20 per $1,000, is . . . . $85,019.36
No. of Polls 4,125, at $1.50 each, is . . 6,187.50
Total Tax for 1850, . . . . $91,206.86
1851.*
Valuation of Real Estate, . . . . $9,649,600.00
Valuation of Personal Estate, . . . 4,283,600.00
$13,933,200.00
At $6.60 per $1,000, is ... . $91,959.12
No. of Polls 4,223, at $1.50 each, is . . 6,334.50
Total Tax for 1851, .... $98,293.62
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.
214 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. 215
1856
Yaluation of Real Estate, .... $11,594,400.00
Valuation of Personal Estate, . . . 5,066,000.00
$16,660,400.00
At $9.00 per $1,000, is . . . . $149,943.60
No. of Polls 4,118, at $1.50 each, is . . 6,177.00
Total Tax for 1856, .... $156,120.60
1857.
Valuation of Real Estate, . . . . $11,923,600.00
Valuation of Personal Estate, . . . 5,403,400.00
$17,327,000.00
At $10.00 per $1,000, is . . . . $173,270.00
No. of Polls 4,152, at $1.50 each, is . . 6,228.00
Total Tax for 1857, . . . . $179,498.00
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
216
TAXES,
1859
Valuation of Real Estate,
Yaluation of Personal Estate, .
At $9.20 per $1,000, is .
No. of Polls 4,592, at $1.50 each, is
Total Tax for 1859,
$14,578,800.00
5,147,400.00
$19,726,200.00
$181,481.04
6,188.00
188,369.04
VALUATION OF ESTATES, AND NUMBER OF POLLS IN
ROXBURY, FROM 1836 TO 1859.
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
6,721,000
2,300
1841
6,941,600
2,474
1842
7,341,600
2,570
1843
7,710,000
2,554
1844
8,578,600
2.977
1845
9,569,800
3,433
1846
12,543,900
3,668
1847
12,628,300
3,806
1848
13,174,600
3,999
1849
13,476,600
3,982
1850
13,712,800
4,125
1851*
13,933,200
4,223
1852
11,935,200
3,440
1853
12,432,600
3,623
1854
13,369,200
9 QOQ
0,000
1855
15,577,200
3,804
1856
16,660,400
4,118
1857
17,327,000
4,152
1858
17,468,800
4,316
1859
19,726,200
4,502
* West Roxbury set off, 1851.
CITY DEBT, ETC.
217
CITY DEBT FOR THE SEVERAL YEARS SINCE THE INCOR-
PORATION OF THE CITY.
1846
1847
1848
1849
1850
1851
1852
1853
1854
1855
1856
1857
1858
1859
1860
February 1st,
$22,776.75
27,609.98
29,443.31
39,973.65
56,976.65
48,476.65
140,387.05
186,810.40
181,110.40
209,263.95
254,865.95
246.040.95
257,340.95
280,240.95
410,975.00
AMOUNT PAID FOR SCHOOLS, INCLUDING THE BUILDING
AND REPAIR OF SCHOOL HOUSES.
Year.
Teachers' Pa}^ Fuel,
and Contingencies.
New School Houses,
Total.
1846
$17,104.01
$8,887.96
$27,991.97
1847
20,555.23
7,953.37
28,508.60
1848
24,422.69
20,916.54
45,338.13
1849
25,480.80
4,198.59
29,578.39
1850
26,177.86
3,660.55
29,738.41
1851
21,976.32
15,013.31
36,989.63
1852
24,709.61
7,949.24
32,658.85
1853
26,391.51
3,899.12
30,290.63
1854
30,284.69
26,802.92
67,087.61
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
1859
43,386.44
19,347.31
62,733.75
28
218
SUPPORT OF POOR, ETC
AMOUNT PAID FOR SUPPORT OF POOR— NET COST.
Average No.
Inmates.
"Whole No.
admitted.
Net Cost.
120
410
$5,586.15
187
762
9,751.95
242
216
240
710
627
628
6,052.40
9,207.40
8,229.08
227
630
8,478.96
185
155
52
25
507
356
292
90
6,737.49
7,227.14
7,776.21
4,543.92
25
112
5,491.64
25
228
6,064.50
25
407
5,547.72
30
363
7,525.36
Tear.
1846
1847
1848
1849
1850
1851
1852
1853
1854
1855
1856
1857
1858
1859
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
1850
12,015.06
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
1859
38,493.13
SUPPORT OF FIRE DEPARTMENT, ETC,
219
AMOUNT PAID FOR SUPPORT OF FIRE DEPARTMENT, PAY
OF MEMBERS, BUILDING ENGINES, HOUSES, AND REPAIR
THEREOF.
Year.
1846
Keservoirs.
$1,299.00
184T
2,090.00
1848
1,993.81
1849
1,271.47
1850
912.44
1851
1852
'. 670.77
1853
1,747.33
1854
1855
'. 1,593.49
1856
258.56
1857
3,014.20
1858
43.97
1859
1,700.00
Fire Department.
$5,941.12
6,635.79
5,493.06
5,869.14
5,407.76
6,618.99
7,634.54
8,232.33
8,681.84
10,655.08
12,203.13
12,597.64
19,123.46
16,530.78
$7,240.12
8,725.29
7,468.87
7,140.61
6,320.20
6,618.99
8,305.31
9,979.66
8,681.84
12,248.57
12,461.69
15,611.84
19,167.43
18,230.78
AMOUNT PAID FOR POLICE AND WATCH.
1846
1847
1848
1849
1850
1851
1852
1853
1854
1855
1856
1857
1858
1859
$2,363.96
3,965.65
4,408.41
5,004.08
4,075.89
3,427.27
4,271.30
4,419.75
5,370.68
7,817.60
9,290.88
13,052.45
13,746.89
16,502.55
220
PAID FOR LAMPS, ETC
AMOUNT PAID FOE LAMPS.
1846
1847
1849.06
935.94
1848
899.01
1849
1850
1,094.75
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
1858
12,105.71
11,281.08
1859
10,517.58
POPULATION OF ROXBURY AT DIFFERENT PERIODS.
1765
1,487
1790
2,226
1800
2,765
1810
3,669
1820
4,135
1830
5,247
1840
9,087
1850*
18,316
1855
18,477
* Including West Roxbury.
CATALOGUE
^0krnmrat 0f Hit €tt^ at |l(jiterg,
FEOM ITS
INSTITUTION IN 1846 TO 1860.
222
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 G. 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 OP THE CITY GOVERNMENT. 223
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. Comins, President.
"Ward 1.
Daniel Jackson,
Sylvester Bowman,
Simoon Litchfield.
Ward 2.
A. G. 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.
Ward 5.
Linus B. Comins,
Samuel Weld,
Thomas Lord.
Ward 6.
George James,
Frankhn 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 OV COMMON COUNCIL.
Joshua Seaver.
224 PAST MEMBERS OF THE CITY GOVERNMENT.
1848.
MAYOR.
HENRY ALEXANDER SCAMMEL DEARBORN.
Francis C. Head,
William Keith,
Robert Gardner,
Richard Ward,
ALDERMEN.
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,
William 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 OF THE CITY GOVERNMENT. 225
1849.
MAYOR.
HENRY ALEXANDER SCAMMEL DEARBORN.
ALDERMEN
Francis C. Head,
Richard Ward,
W. B. Kingsbury,
Calvin Young,
Nelson Curtis,
John L. Plummer,
WiUiam 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. Wilhams, 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 CLERK.
Joseph W. Tucker.
CLERK OF COMMON COUNCIL.
Joshua Seaver.
•29
226
PAST MEMBERS OE THE CITY GOVERNMENT.
1850.
MAYOR.
HENRY ALEXANDER SCAMMEL DEARBORN.
ALDERMEN.
Francis 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.
Allen Putnam,
James Monroe,
*Sylvester Bowman.
Ward 2.
Thatcher Sweat,
Wilhara Seaver,
Uriah T. Brownell.
Ward 3.
William J. Reynolds,
William A. Crafts,
Wilham Gaston.
Ward 4.
Alvah Kittredge,
J. N. Brewer,
Nathaniel Mayhew.
Ward 5.
A. D. Wilhams, Jr.,
Hiram Hall,
Robert W. Parker.
Ward 6.
Jonas Barnard,
Hosea B. Stiles,
John F. J. Mayo.
Ward 7.
Theodore Dunn,
Stephen M. Allen,
Jacob P. George.
Ward 8.
Chauncy Jordan,
George Brown,
Charles G. Mackintosh.
treasurer.
Joseph W. Dudley.
CITY clerk.
Joseph W. Tucker.
CLERK OF COMMON COUNCIL.
Joshua Seaver.
* Kcsigned, and John Parker was elected to fill vacancy.
PAST MEMBERS OF THE CITY GOVERNMENT. 227
1851
MAYOR.
*HENRY ALEXxiNDER 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. BroAvnell,
WilHam Seaver.
Ward 3.
William A. Crafts,
William 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 OF COMMON COUNCIL.
Joshua Seaver.
*= Died July 29, 1851, at Portland, Me. Samuel Walker elected by the City
Council to fill the vacancy.
228
PAST MEMBERS OF THE CITY GOVERNMENT.
1852.
MAYOR.
SAMUEL WALKER.
ALDERMEN.
Nelson Curtis,
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.
Ward 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.
George Lewis,
Joseph N. Brewer,
Frederick Guild,
George Davenport.
Ward 5.
Wilham D. Adams,
Isaac S. Burrell.
treasurer.
Joseph W. Dudley.
CITY CLERK.
Joseph W. Tucker.
CLERK OF COMMON COUNCIL.
Joshua Seaver.
PAST MEMBERS OP THE CITY GOVERNMENT.
229
1853.
MAYOR.
SAMUEL WALKER.
ALDERMEN
Nelson Curtis,
Benjamin F. Campbell,
George Curtis,
Abraham G. Parker,
Alvah Kittredge,
Horace Williams,
John S. Sleeper,
Charles Hickling.
COMMON COUNCIL.
William Gaston, President.
Ward 1.
Daniel P. Upton,
George J. Lord,
Franklin Williams,
Joseph H. ChadAvick.
Ward 2.
John M. Hewes,
Joseph Houghton,
Phineas Colburn,
Arial I. Cummino;s.
William S. Leland,
William D. Adams,
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.
Isaac S. Burrell,
Wilham B. May.
TREASURER.
Joseph W. Dudley.
CITY CLERK.
Joseph W. Tucker.
CLERK OF COMMON COUNCIL.
Joshua Seaver. "
230
PAST MEMBERS OF THE CITY GOVERNMENT.
1854.
MAYOR.
LINUS BACON COMINS.
Nelson Curtis,
George Curtis,
Joseph N. Brewer,
Charles Hickhng,
ALDERMEN.
George J. Lord,
Robert W. Ames,
Calvin B. Faunce,
Benjamin Perkins.
COMMON COUNCIL.
James M. Keith, President.
Ward 1.
Franklin Williams,
Joseph H. Chadwick,
Joseph G. Torrey,
Thomas Farmer.
Ward 2.
John M. Hewes,
Joseph Houghton,
Phineas Colburn,
Henry Basford.
William D. Adams,
William B. May,
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 W. Tucker.
CLERK OF COMMON COUNCIL.
Joshua Seaver.
PAST MEMBERS OF THE CITY GOVERNMENT.
231
1855.
MAYOR.
JAMES RITCHIE.
Calvin B. Faunce,
Charles Bunker,
iSamuel S. Chase,
Joseph Houghton,
ALDERMEN
Asa Wyman,
Moses H. Webber,
Francis Gardner,
WilUam D. Adams.
COMMON COUNCIL.
William Ellison.
Ward 1. '
Franklin Williams,
William Morse,
George H. Pike,
Asa Wyman, Jr.
Ward 2.
John M. Marston,
Alvin M. Bobbins,
William H. Palmer,
Benjamin S. Noves.
Henry P. Shed,
Joseph W. Bobbins,
President.
Ward 3.
Bobert Simpson,
Bobert W. Molineux,
Wilham B. Huston,
Joseph II. Swain.
Ward 4.
Samuel A. Shurtleff,
William Ellison,
Ebenezer W. Bumstead,
Clark I. Gorham.
Ward 5.
John W. Wolcott,
James W. Cushino;.
TREASURER.
Joseph W. Dudley.
CITY CLERK.
Joseph W. Tucker.
CLERK OF COMMON COUNCIL.
Joshua Seaver.
232
PAST MEMBERS OF THE CITY GOVERNMENT.
1856.
MAYOR.
JOHN SHERBURNE SLEEPER.
ALDERMEN.
Nelson Curtis,
Benjamin Thompson,
Charles E. Grant,
Joseph G. Torrey,
George S. Griggs,
Nahum Ward,
Jonathan P. Robinson,
Charles C. Nichols.
COMMON COUNCIL.
John W. May, President.
Ward 1.
Franklin Williams,
William Morse,
George H. Pike,
Samuel Pearson, Jr.
Ward 2.
Phineas Colburn,
Timothy R. Nute,
William P. Fowle,
Thomas L. D. Perkins.
James W. Gushing,
Robert C. Nichols,
Ward 3.
John W. May,
John E. Gowen,
Wilham F. Dunning,
Samuel Little.
Ward 4.
Ebenezer W. Bumstead,
Samuel A. Shurtleff,
Daniel W.
Alonzo W.
Ghdden,
Folsom.
Ward 5.
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.
233
1857.
MAYOR.
JOHN SHERBURNE SLEEPER.
Benjamin Thompson,
Charles E. Grant,
George S. Griggs,
Charles C. Nichols,
ALDERMEN
Walden Porter,
Joseph H. Chadwick,
Henrj Wilhs,
George Lewis.
COMMON COUNCIL.
Ward 1.
Franklin Williams,
William Morse,
Albert Brewer,
George J. Lord.
Ward 2.
Alvin M. Robbins,
William P. Fowle,
Thomas L. D. Perkins,
Phineas Colburn.
Henry P. Shed,
Robert C. Nichols,
Henry P. Shed, Fresident.
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.
I William Barton,
WiUiam K. Lewis.
treasurer.
Joseph W. Dudley.
CITY CLERK.
Joseph W. Tucker.
CLERK OF COMMON COUNCIL.
Joshua Seaver.
30
234
PAST MEMBERS OF THE CITY GOVERNMENT.
1858.
MAYOR.
JOHN SHERBURNE SLEEPER.
ALDERMEN
George Lewis,
William S, Leland,
John C. Clapp,
Samuel Pearson,
Benjamin S. Nojes,
Uriah T. Brownell,
Samuel A. Shurtleff,
Ivory Harmon.
COMMON COUNCIL.
Henry P. Shed, President.
Wakd 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 H. Rogers,
Thomas J. May all,
John M. Way.
Ward 4.
John R. Hall,
William Graham,
James A. Tower,
Hartley E. Woodbridge.
Ward 5.
Ebenezer W. Bumstead,
William Barton.
treasurer.
Joseph W. Dudley.
CITY CLERK.
Joseph W. Tucker.
CLERK OF COMMON COUNCIL.
Franklin Williams.
PAST MEMBERS OP THE CITY GOVEE,NMEN<C.
235
1859.
MAYOR.
THEODORE OTIS.
ALDERMEN
George Lewis,
William B. Maj,
Joshua B. Fowle,
William Curtis,
Benjamin S. Noyes,
John C. Clapp,
Alonzo W. Folsom,
George Frost,
COMMON COUNCIL.
Ebenezer W. Bumstead, President.
Waed 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,
William H. Ward,
Malcoffl McLaughlin.
Ward 4.
John R. Hall,
Hartley E. Woobridge,
John H. Bufford,
Francis Freeman.
Ward 5.
Ebenezer W. Bumstead, I John T. Ellis,
Thomas Farmer, I John Dove.
TREASURER.
Joseph W. Dudley.
CITY CLERK.
Joseph W. Tucker.
CLERK OF COMMON COUXCIL.
Franklin WiUiams.
236
PRESENT MEMBERS OF THE CITY GOVERNMENT.
1860.
MAYOR.
THEODORE OTIS.
William B. May,
Joshua B. Fowle,
Jerahmeel C. Pratt,
William Curtis,
ALDERMEN
Gideon B. Richmond,
John C. Clapp,
Alonzo W. Folsom,
George Frost.
COMMON COUNCIL
Ebenezer W. Bumstead, President.
Ward 1.
Benjamin F. Campbell,
Asa Wyman,
L. Foster Morse,
Charles Stanwood.
Ward 2.
Thaeher F. Sweat,
John M. Mars ton,
Albert Batchelder,
Edward Lang, Jr.
Ward 3.
George B. Faunce,
Patrick R. Guiney,
William H. Ward,
Malcom McLaughlin.
Ward 4.
Hartley E, Woodbridge,
Phineas B. Smith,
Moses H. Day,
Frederick A. Brown.
Ward 5.
Ebenezer W. Bumstead,
Charles D. Swain,
Oliver J. Curtis,
William H. Mcintosh.
treasurer.
Joseph W. Dudley.
CITY clerk.
Joseph W. Tucker.
CLERK OF COMMON COUNCIL.
Frankhn Williams.
HISTORICAL LIST OF MEMBERS,
SINCE THE ADOPTION OP THE CITY CHARTER.
MAYORS.
John Jones Clarke, 1846.
Henry Alexander Scammel Dearborn, 1847, 48, 49, 50, 51.*
Samuel Walker, 1852, 5.3.
Linus Bacon Comins, 1854.
James Ritchie, 1855.
John Sherburne Sleeper, 1856, 57, 58.
Theodore Otis, 1859, 60.
ALDERMEN.
Elijah Lewis, 1846, 47.
Dudley Williams, 1846.
Laban Smith Beecher, 1846.
Moses Day, 1846.
Samuel Walker, ] 846.
Samuel Jackson, 1846.
Erancis 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 Eranklin Campbell, 1848, 52, 53.
Samuel Parkman Blake, 1848.
Daniel Jackson, 1849, 50, 51.
John Lincoln Plummer, 1849, 50, 51.
William Mackintosh, 1849, 50.
George Curtis, 1851, 52, 53, 54.
Hiram Hall, 1851.
Theodore Dunn, 1851.
* Died July 29th, 1851 , at Portland, Me, Samuel "Walker was elected by the two branches of the
City Council, August 11th, to fill the vacancy.
238 HISTORICAL LIST OF MEMBERS.
George Brown, 1851.
Abraham Gearfield Parker, 1852, 53.
Alvah Kittredge, 1852, 53.
Horace Williams, 1852, 53.
James Guild, 1852.
John Hunt, 1852.
John Sherburne Sleeper, 1853.
Charles Hickling, 1853, 54.
Joseph Nathaniel Brewer, 185-1.
George Jefferds Lord, 1854.
Robert Wilkins Ames, 1854.
Calvin Barstow Faunce, 1854, 55.
Benjamin Perkins, 1854.
Charles Bunker, 1855.
Samuel Sinclair Chase, 1855.
Joseph Houghton, 1855.
Asa Wyman, 1855.
Moses Howe Webber. 1855.
Francis Gardner, 1855.
AVilliam Davis Adams, 1855.
Benjamin Thompson, 1856, 57.
Charles Edward Grant, 1856, 57.
Joseph Gendell Torrey, 1856.
George Smith Griggs, 1856, 57.
Nahum Ward, 1856.
Jonathan Pi-att 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, 60.
Samuel Pearson, 1858.
Benjamin Simons Noyes, 1858, 59.
Uriah Tompkins Brownell, 1858.
Samuel Atwood Shurtleff, 1858.
Ivorv Harmon, 1858.
Wilfiam Bird Mav, 1859, 60.
Joshua Bentley Fowle, 1859, 60.
William Curtis, 1859, 60.
Alonzo Williams Folsom, 1859, 60.
George Frost, 1859, 60.
Jerahmeel Cummings Pratt, 1860.
Gideon Babbitt Richmond, 1860.
PRESIDENTS OF THE COMMON COUNCIL.
Francis George Shaw, 1846.
Linus Bacon Comins, 1847, 48.
William Augustus Crafts, 1849, 50, 51.
AVilliam Gaston, 1852, 53.
James Monroe Keith. 1854.
William Ellison, 1855.
John AVilder May, 1856.
Henry Pinkliam 'Shed, 1857, 58.
Ebenezer Waters Burastead, 1859, 60.
HISTORICAL LIST OF MEMBERS. 239
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.
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, 5-3, 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 Rverson, 1858.
Joel Gay, 1858.t
ChesterMorse Gay, 1858.
Benjamin Franklin Campbell, 1859, 60.
Asa" Wyman, 1859, 60.
Lemuel Foster Morse, 1860.
Charles Stanwood, 1860.
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.
AVilliam 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, 60.
Alvin Mason Robbins, 1855, 57.
William Hvde Palmer, 1855.
Benjamin Simons Noyes, 1855.
Timothy Ricker Nute, 1856.
William Parker Fowle, 1856, 57, 58.
Thomas Langdon Dodge Perkins, 1856, 57<
Gideon Babbitt Richmond, 1858, 59.
Thacher Franklin Sweat, 1858, 59, 60.
Albert Batchelder, 1858, 59, 60.
Edward Lang, Jr., 1860.
* Resigned, and John Parker was elected to fill the vacancy.
t Resigned May 17th, 1858, and William Morse was elected to fill the vacancy.
240 HISTORICAL LIST OF MEMBERS.
Ward 3,
William James Eeynolds, 1846, 47, 48, 49, 50.
William Greene Eaton, 1846, 47, 48.
John Landorff De Wolf, 1846.
William Augustus Crafts, 1847, 48, 49, 50, 51.
William Gaston, 1849, 50, 51, 52, 53.
Joseph Crawshaw, 1851.
True Russell, 1852.
John Wells Parker, 1852, 53.
Calvin Barstow Faunce, 1852, 53.
William Lewis Hall, 1853.
Charles Bayley Bryant, 1854.
Horace King, 1854.
ObedEantCl854.
Alden Graham, 1854.
Robert 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 JeffersonMayall, 1858.
John Metcalf Way, 1858.
Malcom McLaughlin, 1859, 60.
William H. Ward, 1859, 60.
George Burrill Faunce, 1860.
Patrick Robert Guiney, 1860.
Ward 4.
Alvah Kittredge, 1846, 47, 48, 49, 50, 51.
Joseph Nathaniel Brewer, 1846, 47, 48, 49, 50, 51, 52, 53.
James Guild, 1846.
Nathaniel Mayhew, 1847, 48, 49, 50.
George Davenport, 1851, 52.
George Lewis, 1852, 53.
Frederick Guild, 1852.
Cliarles Frederick Bray, 1853.
Henry Davenport, 1853, 54.
Joseph Bond Wheelock, 1854.
George William Tuxbury, 1854.
John Roulstone Hall, 1854, 57, 58, 59.
Samuel Atwood Shurtleff, 1855, 56, 57.
William Ellison, 1855.
Clark Ide Gorham, 1855.
Ebenezer Waters Bumstead, 1855, 56. ■
Daniel Wingate Glidden, 1856.
Alonzo Williams Folsom, 185C.
William Graham, 1857, 58.
James Augustus Tower, 1857, 58.
Hartley Erskine Woodbridge, 1858, 59, 60.
John ilenry Butford, 1859.
Francis Freeman, 1859.
Phineas Bean Smith, 1860.
Moses Henry Day, 1860
Frederick Augustus Brown, 1860.
HISTORICAL LIST OF MEMBERS. 24l
Ward 5.
Linus Bacon Comins, 1846, 47, 48.
Stephen Hammond, 1 846, 48, 49.
Samuel Weld, 1846, 47.
Thomas Lord, 1847.
Samuel Walker, 1848, 49, 51.
Aaron Davis Williams, Jr., 1849, 50, 51.
Hiram Hall, 1850.
Eobert Whipple Parker, 1850.
Horace Williams, 1851.
Charles Hickling, 1852.
William Sherman Leland, 1852, 53.
William Davis Adams, 1852, 53, 54.
Isaac Sanderson Burrell, 1852, 53.
William Bird May, 1853.
Walden Porter, 1854.
James Monroe Keith, 1854.
Hemy Pinkham Shed, 1855, 57, 58.
Joseph Willett Bobbins, 1855.
John Wesley Wolcott, 1855.
James William Gushing, 1855, 56.
Robert Cofield Nichols, 1856, 57, 58.
John Thomas Ellis, 1856, 59.
William King Lewis, 1856, 57.
William Barton, 1857, 58.
Ebenezer Waters Bumstead, 1858, 59, 60.
Thomas Farmer, 1859.
John Dove, 1859.
Charles Davis Swain, 1860.
Oliver Jenkins Curtis, 1860.
William Henry Mcintosh, 1860.
Ward 6.*
George James, 1846, 47.
Joseph Richards Weld, 1846.
Calvin Young, 1846.
Franklin Fearing, 1847, 48.
George Henry Williams, 1847.
Atkins Augustus Clark, 1848, 49^
Enoch Nute, 1848.
John Flavel Jenkins Mayo, 1849, 50.
Jonas Barnard, 1849, 50.
Hosea 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 Forbush,' 1847.
Stephen Merrill Allen, 1848, 49, 50.
* Wards No. 6, 7 and 8, with parts of Wards 4 and 5, were set off and incorporated, by Act of the
Legislature, May 24, 1851, into the town of West Koxbury. i-^Kucu, uy aci oi me
31
242 HISTORICAL LIST OF MEMBERS.
Ebenezer Whitten Stone, 1848, 49.
Ephraitn Washington Eouve, 1849.
Jacob Phillips George, 1850, 51.
John Carroll Pratt, 1851.
William Davis Ticknor, 1851.
Ward 8.
Prancis George Shaw, 1846.
George Washington Mann, 1846.
Ebenezer Dudley, 1846, 47.
Chauncv 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.
INDEX.
[The references to the Ordinances are to the number of the Ordinance ; the other
figures refer to the page.]
ACCOUNTABILITY of city officers, relative to city expenditures, Ord. 6.
ACCOUNTS, joint standing committee on, 189.
committee of aldermen on, 192.
ALDERMEN, board of, to consist of eight persons, 3, 28.
majority to constitute a quorum, 4.
with common council to compose city council, 4.
election of, 6, 24, 28.
termof 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 confirm or reject nominations of the mayor, 12.
rules of, 171.
names of aldermen, 187.
ALMSHOUSE, joint committee on, 191.
superintendent and physician of, 194.
almshouses, see General Statutes.
AMENDMENTS TO CITY CHARTER, 24, 27.
acceptance of, 26, 30.
ANATOMICAL SCIENCE, see General Statutes.
ASSESSORS, how elected, 11.
compensation, 11, 193.
duties of, 14.
names of, 193.
ASSISTANT ASSESSORS, how elected, 13.
duties of, 13.
vacancies, how filled, 24.
names and compensation, 193.
AWNINGS, Ord. 13.
BARK, measurement of^ 15.
measurers of, 199.
BIRTHS, see General Statutes.
BLASTING OF ROCKS, Ord. 13.
BUILDINGS, regulations for removal of, Ord. 52.
244 INDEX.
BUEIAL GROUNDS, (see Cemetery), regulations concerning the use ©f,
Ords. 12, 26, 32.
not to be enlarged or established without permission of city council, Ord. 26.
joint committee on, 190.
BURIAL OF THE DEAD, Ords. 12, 26, 32.
CATTLE, SWINE, &c., Ord. 59.
CEMETERY, rural CForest Hills), legislative acts concerning, 31, 34.
election, powers and duties of commissioners, 31, 32, 33, 34, 35.
funds of, to be kept separate from other city funds, 33.
commissioners to make annual report, 33.
commissioners may receive and hold property for the improvement of, 34.
name to be Forest Hills, Ord. 24.
form of deeds for conveyance of lots, Ord. 29.
names of commissioners, 194.
CEMETERIES AND BURIALS, see General Statutes.
CENSUS, see General Statutes.
CHIEF ENGINEER, see Fire Department.
CITY CHARTER, or an " Act to establish the City of Eoxbury," 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 jjroperty 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 48.
may cause the construction of drains and common sewers, 15.
may make by-laws respecting lumber, wood, coal and bark, 1 5 .
shall determine annually the number of I'epresentatives, 17.
shall have power to make by-laws and annex penalties, 21, 40, 42.
shall elect commissioners of rural cemetery, 31.
shall elect city solicitor, Ord. 43.
shall elect city physician, Ord. 48.
list of joint standing committees, 189.
rules of, 181.
names of members of city council, 187.
CITY DEBT, redaction of, Ord. 50.
amount of, for different periods, 217.
how created after annual appropriations, 186.
affirmative vote of two-thirds of city council necessary, 186.
CITY OF ROXBURY, first organization of government, 19.
division into wards, 4, 27.
government of, 187.
INDEX. 245
CITY SEAL, Ord. 18.
CLERK OF BOARD OF ALDERMEN, 12.
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, 192.
CLERK OF COMMON COUNCIL, election of, 9.
name and salary of, 192.
CLERKS OF ENGINE COMPANIES, see Fire Department.
CLERK OF ENGINEERS, see Fire Department.
CLERKS OF WARDS, election of, 5.
term of office, 5, 25.
duty at first election under the charter, 19.
general duties of, 6.
names of, 204.
COAL, sale and measurement of, 15.
COLLECTOR OF TAXES, election of, 11.
duty of, Ord. 8.
name and salary of, 193.
COMMISSIONER OF STREETS, how appointed, Ord. 40.
duties of, Ord. 40.
name and salary of, 1 93 .
COMMISSIONERS OF FOREST HILLS, election, powers and duties of, 31-35.
names of, 194.
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 sworn, 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, 173.
names of members, 188.
CONSTABLES, appointed by mayor and aldermen, 11.
bond, 11.
names of, 198.
CORONERS, 198.
COMMITTEES, STANDING, of city council, 189, 190.
of aldei-men, 192.
of common council, 192.
COUNTY COMMISSIONERS, appeals may be made to, for damages, from
decision of mayor and aldermen, 14.
246 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 cemetery lots, Ord. 29.
DOGS, not to go at large, unless licensed, Ord. 63.
troublesome and mischievous to be removed or destroyed, Ord. 63.
license for, 70.
DRAINS, may be built by order of city council, 15.
EDGESTONES, 41, 79.
ELECTIONS, of ward officers, 5.
of mayor, 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, assessor, and other subordinate
officers, 11, 211, Ord. 3.
of engineers, 11, 211, Ord. 34.
of foremen, Ord. 34.
of overseers of poor, 13, 14, 24.
of school committee, 13, 24.
of county. State and United States officers, 17.
of commissioners of rural cemetery, 31.
of surveyors of highways, 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, 211.
of city messenger, Ord. 5, 211.
instructions to ward officers relative to, 207.
ENGINEERS, see Fire Department.
ENGINE HOUSES, unauthorized persons not to enter, Ord. 56.
ENGINEMEN, see Fire Department.
ENROLMENT, committee of aldermen on, 192.
committee of common councilmen on, 192.
FENCE VIEWERS, Ord. 3, 199, 211
FIELD DRIVERS, Ord. 3, 199, 211.
FINES, see Penalties.
FINANCE, joint committee on, 189.
FIRE ARMS, unlawful discharge of, Ord. 13.
FIRE DEPARTMENT—
act giving engineers power of firewards and relating to combustibles, 40.
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, 219.
authority and duty of chief engineer, Ord. 34, ^ G, 10, 11, 12, 13.
of assistant engineers, Ord. 34, §§ 4, 5, 16, 17.
apparatus not to be taken from the city, except, &c., Ord. 34, § 21.
committee on, to expend certain appropriations, Ord. 34, § 6.
to direct as to repairs, &c., ib.
INDEX. 247
FIRE DEPARTMENT, may call for rolls and records from foremen, Ord. 34, § 14.
names of committee on, 190.
chief engineer election of, 11, Ord. 34, § 2.
to have certificate, Ord. 34, § 2.
to be chairman of board of engineers, Ord. 34, § 3.
in his absence, engineer next in rank to act, Ord. 34, § 7.
to examine accounts, Ord. 34, § 3.
other duties, Ord. 34, §§ 6, 10, 11, 12, 13.
name and compensation, 195.
see engineers,
clerks of companies — see Officers,
engineers, to be chosen annually in April, Ord. 34, § 2.
, engineers 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.
to choose one of their number secretary, Ord. 34, § 3.
other duties of, Ord. 34, §§ 4, 5, 16, 17.
have the authority of firewards, 40.
names, compensation and rank, 195.
engines, &c., not to be taken from the city, except, &c., Ord. 34, § 21.
elections, of chief engineer annually by joint ballot, 11.
to be chosen in April for one year, Ord. 34, § 2.
to hold until another is chosen, ib.
of assistant engineers, as above.
to hold over in certain cases, Ord. 34, § 2.
of foremen, assistant foremen and clerks, Ord. 34, § 10.
to be chosen in May, ib.
foremen and assistant foremen — -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 CRepealed).
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.
248 INDEX.
FIEE DEPARTMENT, members may be discharged by aldermen, Ord. 34, § 12.
duties of members, at fires, Ord. 34, § 15.
compensation, 195.
names of members of committee on fire department, 1 90.
of chief and assistant engineers, 195.
of foremen of companies and of engines, &c., 195.
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, 195.
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, 195.
steward, engineers to appoint, and his duty, Ord. 34, § 17.
compensation, 195.
EOREST HILLS, see Cemetery.
EUEL, joint committee on, 190.
GATES, not to swing into streets, Ord. 23.
GOVERNMENT OF CITY, members of, 187, 222.
GRADE OF STREETS, Ord. 54.
GUNPOWDER, acts to regulate transportation and storage of, 3G, 38.
licenses for its sale, 36.
forfeiture of, when unlawfully kept, 38.
mayor and aldermen may make rules concerning its transportation and sale, 36.
HARBOR MASTER, duties of, Ord. 58.
name and salary of, 1 94.
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.
concerning removal of nuisances or causes of sickness, 35, Ord. 14.
relating to chemical laboratories and lead manufactories, Ord. 7.
consulting physicians may be appointed, Ord. 14.
tenements to have suitable vaults and drains, Ords. 14, 36.
mayor and aldermen may 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.
relative to the use of burial grounds and burial of the dead, Ords. 12, 26, 32.
officers of health department, 196.
INDEX. 249
HEALTH, see General Statutes.
HIGHWAYS, see Streets or Ways.
HOGREEVES, Ord. 3.
HO SEMEN, see Fire Department.
HOSPITALS, see General Statutes.
HOUSES, numbering of, Ord. 2.5.
HOUSE OFFAL AND NIGHT SOIL, regulations for removal of, Ord. 60.
INFECTION, see General Statutes.
INNHOLDERS, mayor and aldermen may license, 11.
INSPECTORS OF ELECTIONS, election and duties of, 5.
names of, 204.
INSTRUCTION, public, joint committee on, 189.
INSTRUCTIONS, for ward officers, 207.
JUSTICE, see Police Court.
LAMPS, expenditures for, Ord. 44.
duties of joint committee on, Ord. 44.
names of members of joint committee, 190.
annual expenditures for lamps, 220.
LICENSES, committee of aldermen on, 192.
to innholders, mayor and aldermen may grant, 13.
for sale of gunpowder, 36.
for dogs, Ord. 63.
to city criers, Ord. 37.
for intelligence offices, 62.
for sale of junk, &c., 62.
to pawnbrokers, 63.
for steam engines, furnaces and boilei's, 64.
for rockets, gunpowder, &c., 68.
for dogs, 70.
for billiard tables and bowling alleys, 74.
for theatrical exhibitions, shows, &c., 75.
LICENSED HOUSES, mayor and aldermen may license innholders, victual-
lers and retailers, 1 1 .
LUMBER, city council may make by-laws for sale and measurement of, 15.
surveyors of, Ord. 3.
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, 197.
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, 6.
in case of no election of mayor, 8.
power to remove subordinate officers for neglect of duty, 11.
may call special meetings of city council, 10.
32
250 INDEX.
MAYOR, shall preside at meetings of board of aldermen, and in convention of
city council, 10.
salary of, 10, 187.
shall have power of nomination in appointments, subject to confirmation of
aldermen, 12.
shall be one of overseers 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.
may issue warrants for public meetings for municipal purposes, 6.
executive power and administration of police vested in them, 10.
may appoint and remove police officers, 1 1 .
may license innholders, victuallers and retailei's, 1 1 .
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 prepare 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, 36.
may oblige owners of private streets to grade them properly, 38, 39.
may construct sidewalks, the abuttors to pay for the materials, 41 .
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 48.
may license city criers, Ord. 37.
MEASURERS OE WOOD AND BARK, Ord. 3.
MEASURES AND WEIGHTS, sealer of, Ord. 3.
name of sealer of, 199.
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, 192.
MONEYS, PUBLIC, (see Treasury), city council may require bonds of persons
receiving, keeping, or disbursing, 15.
NUISANCES, (see Health).
obstruction of passage upon the sidewalks prohibited, Ord. 57.
NIGHT SOIL, removal of, Ord. 60.
OBSTRUCTION OF WAYS, Ord. 13.
OFFICERS OF CITY, names of, 187, 222.
subordinate officers elected by the city council, 11.
duties of subordinate officers defined, and compensation fixed by city coun-
cil, 11.
INDEX. 251
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, 194.
PENALTIES, how to be recovered, 15.
power of city council to impose, 21, 44.
PHYSICIAN, CITY, election and duties of, Ord. 48.
name and salary of, 196.
consulting, appointment of, Ord. 14, § 2.
names of, 196.
POLICE COURT, name of justice, and salary of, 197.
special justices of court, names of, 197.
name and salaiy of clerk, 197.
see General Statutes.
POLICE DEPARTMENT, administration of, in mayor and aldermen, 11.
police officers appointed and removed by mayor and aldermen, 1 1 .
members of department, 197.
amount annually paid for support of department, 219.
city council may make by-laws, 44.
POLLS, number of, 216.
POOR, amount paid for support of, 218.
joint committee on poor and almshouse, 191.
POPULATION OF CITY, 220.
POUND KEEPER, Ord. 3, 145.
PRESIDENT OF COUNCIL, 9, 188.
PRINTING, joint committee on, 191.
PUBLIC PROPERTY, names of committee on, 189.
duties of joint committee on, Ord. 22.
QUARANTINE, see General Statutes.
QUORUM, majority of either branch of city government shall constitute, 4.
RECORD OF STREETS, Ord. 17.
RECORDS, preservation, transcription and use of, see General Statutes.
REGISTRY OF BIRTHS, MARRIAGES AND DEATHS, see Gen. Stat.
REMOVAL OF BUILDINGS, regulations for, Ord. 52.
REPRESENTATIVES, number how determined, 17.
method of election, 17.
ROADS, See Streets or Ways.
ROCKS, blasting of, Ord. 13.
ROCKETS, SQUIBS, &c., Ord. 13, § 68.
EOXBURY, see City of Roxbury.
EULES AND ORDERS, of board of aldermen, 171.
of common council, 173.
of city council, 181.
SCHOOL COMMITTTEE, election of, 13, 24.
how vacancies in, shall be filled, 14, 24.
shall have care and superintendence of schools, 14.
shall have charge of appropriations for salaries of teachers, Ord. 22.
252 INDEX.
SCHOOL COMMITTEE, shall provide rooms and furnish them, not to exceed
one hundred dollars in any one instance, Ord. 22.
may repair school houses, and pi-ovide articles, to the extent of fifty dol-
lars, Ord. 22.
names of, 200.
SCHOOLS, shall be under superintendence of school committee, 13, 14.
truant children and absentees, Ord. 38.
powers of school committee and committee on public property, in relation to,
Ord. 22.
names of schools and teachers, 200, 201, 202, 203.
amount annually paid for support of, in past years, 217.
see General Statutes.
SEAL or CITY, Ord. 18.
SEALERS of leather, Ord. 3.
of weights and measures, Ord. 3.
SEWERS, may be constructed by order of city council, 15.
SEWERS AND DRAINS, 1.5.
SIDEWALKS, act to regulate, 41.
snow and ice to be removed from, Ord. 64.
not to be obstructed by groups of persons, Ord. 57.
SIGNS, Ord. 13.
SMALL POX, see General Statutes.
SNOW AND ICE, to be removed from sidewalks, Ord. 64.
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, 197.
STATUTES, see General Statutes,
STATUTES, GENERAL, PRINTED IN THIS VOLUME—
Boundaries of Highways and other Public Places, 45.
Cities, Powers and Duties of, 42.
Health, Public, Preservation of, 48.
nuisances, contagion, &c., 49.
vaccination, 56.
offensive trades, 57.
Licenses and Municipal Regulations op Police, 62.
intelligent offices, 62.
junk, old metals and second hand articles, 62.
pawnbrokers, 63.
stables, 63.
steam engines, furnaces and boilers, 64.
rockets, gunpowder and other explosive substances, 68.
dogs, 70.
billiard tables and bowling alleys, 74.
theatrical exhibitions, public shows, masked balls, &c., 75.
Schools, Attendance of Children at, 59.
Sidewalks, 79.
Ways, Dedication of, 77.
INDEX. 253
ANALYSIS OF GENERAL STATUTES RELATIVE TO MUNICIPAL
AFFAIRS.
BiKTHS, Marriages and Deaths, registration of, cli. 21.
Workhouses and Almshouses, ch. 22.
Census to be taken in 1865, and every ten years afterwards, ch. 20, § 1.
by whom to be taken, ch. 20, § 2.
blanks to be furnished by secretary, ch. 20, § 3.
neglect of duty relative to, subject to penalty, ch. 20, § 4.
Health, quarantine grounds may be established, ch. 26, § 32.
Quarantine, two or more towns may establish, — proviso, ch. 26, § 33.
of vessels may be established by board of health, ch. 26, § 34.
of vessels to extend to persons going on board, ch. 26 § 35.
regulations, penalty for violating, ch. 26, ^ 36.
vessels suspected of infection, ch. 26, § 37.
penalty for refusal to answer, ch. 26, § 38.
expenses, how paid, ch. 26, § 39.
Hospitals and dangerous diseases, ch. 26, § 39.
may be established by towns, ch. 26, § 40.
to be under orders of board of health, § 41.
not to be established within 100 yards of any house, ^^ 42.
physicians, nurses and visitors, to be under order of board of health, § 43.
board of health to remove sick, § 44.
Infection, selectmen and boai-d of health to give notice, § 45.
Penalty for violation of this chapter, § 46.
Records, Public, linen paper to be used, ch. 29, § 1.
books to be bound and papers filed, § 2.
city government to pi'ovide fite proof safes, § 6.
grants of land to be transcribed, § 5.
being worn or illegible, may be copied, § 7.
may be copied by other towns and counties when necessary, § 7.
certified copies to have force of originals, § 8.
not to be removed except, § 9.
shall be open for inspection, § 10. '
towns may have custody, in certain cases, §11.
of extinct church, to be preserved by clerk of city or town, § 12.
penalty for violating the provisions of this chapter, § 13.
Small Pox, or other dangerous disease, householders to give notice under
penalty, § 47.
physicians to give notice, § 48.
expenses, how recovered, § 49.
fines incurred to inure to towns, § 50.
Anatomical Science, overseers of poor may permit bodies to be taken,
ch. 27, §1-
physicians to give bond, § 2.
persons in charge of almshouse to give notice of death, § 3.
when body not to be given up, ^ 4.
Cemeteries and Burials, cemetery companies may be organized, ch. 28, § 1.
corporations, powers and duties of, ch. 28, '^ 2.
254 INDEX.
Cemetekies and Burials, lots indivisible, but inheritable, ch. 28, § 3.
representatives of proprietors designated, § 3.
to be provided by towns, § 4.
private lots not to be used except, § 5.
regulations to be made by board of health, § 6.
notice to be given, § 7.
tombs not to be closed by board of health, except on notice, § 8.
appeal from board of health, § 9.
appeal to be tried, § 10.
interments in violation of General Statutes, penalty, §11.
injury of tombs, &c., penalty, § 12.
POLICE COUET, establishment of, ch. 116, § 1.
where not to be established, § 2.
one justice and two special justices except, § 3.
clerks to be elected in certain cases, § 4.
when justice may appoint clerk, § 5.
clei'k may appoint assistants, &c., § 6.
clerk pro tem in certain cases, § 7.
clerks to be sworn, § 8.
justice and clerk, neither to be retained, § 9.
justices, jurisdiction general, § 10.
justices, powers of, § 11.
criminal actions, §^ 12, 17.
civil actions, §§ 18, 19.
sessions, §^ 20, 31.
appeals, §§ 20, 32.
STREETS, may be laid out by city council, first action by aldermen, 14.
recovery of damages caused by laying out or altei'ing, 12.
record of, to be kept, Ord. 17.
no street shall be accepted of less width than fifty feet, Ord. 41.
acceptance of, Ord. 54.
new, not to be accepted unless forty feet wide, Ord. 54.
new, not to be accepted until graded, Ord. 54.
surveyors of highways, how elected, Ord. 3.
names of, 193.
no obstruction 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 foi'biddcn ; orderly be-
havior i-equired of passengers ; no horse, cattle, swine, ifcc, to go at
large in ; blasting rocks proliibited witliin fifty rods of higliways ; sepa-
rate I'ecord 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, 189.
amount paid annually in past j'cars for repairs of, 218.
SURVEYORS, of highways, election of, Ord. 3.
names of, 193.
INDEX. 255
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, 212, 213, 214, 215, 216.
TOMBS AND GRAVEs]^ Ords. 12, 26.
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, 193.
TREASURY, no money to be paid out of, unless on order of the mayor, Ord. 6.
TRUANT CHILDREN, may be punished by fine or committed to alms-
house, Ord. 38.
TYTHINGMEN, election of, Ord. 3.
names of, 199.
UNDERTAKER, appointed by mayor and aldermen, Ord. 12.
duties of, and compensation, Ords, 12, 27.
name of, 196.
VALUATION OF ESTATES, 216.
VAULTS, regulations concerning the emptying of, Ord. 39.
VACCINATION, 56.
VICTUALLERS, mayor and aldermen may license, 11.
VOTERS, see Elections.
WARDS, division of the city into, 28.
description of wards, 205.
may be altered, if necessary, once in five years, 4, 27.
name of ofiicers of, 204.
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.
issue of warrants for, 6.
WARD OFEICERS, instructions to, 207.
WARD ROOMS, 206.
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, 197.
WAYS, city council may lay out, &c., 14.
act relating to those in Roxbury, 38.
see Streets.
WEIGHERS OF HAY, election of, Ord. 3.
names of, 199.
WOOD AND BARK, sale and measurement of, 15, Ord. 3.
measurers of, 199.
256
INDEX
INDEX TO RULES AND OEDERS.
[The figures refer to the page.]
BOARD OF ALDERMEN.
Committees, appointed or elected, 172.
standing committees, 172.
Order of business, 171.
Ordinances, passage of, 171.
rejection, 172.
Suspension of rules, 172.
COMMON COUNCIL.
Committees, appointed or elected, 175.
standing committees, 178.
standing committees shall keep records
of their proceedings, 180.
organization of committees, 178.
special committees to consist of three
members, unless otherwise ordered,
179.
duty of committees to report within four
weeks, 180.
committee of whole, 178.
Communications, reception of, 178.
Division of question may be called, 177.
Elections by ballot, 180.
JHembers, rights and duties of, 176, 177.
conduct of, 176.
limit to speaking on one question, 176.
obliged to vote unless specially ex-
cused, 177.
not obliged to act on more than three
standing committees, 178.
Motions, order of, 174.
shall be reduced to writing if desired,
177.
Orders, passage of, 179.
Ordinances, passage of, 179.
President, rights and duties of, 173, 174, 175. '
President, proceedings in absence of, 173.
Previous question, 175.
Questions, taking of, 175.
Reconsideration of vote, 177.
Resolutions, passage of. 179.
Seats of members, 179.
Suspension of rules, 177.
Votes, declaration of, 173.
Yeas and nays, may be called at request of
one third of members present, 174.
CITY COUNCIL.
Committees, joint standing, 181.
members of, chosen by re-
spective boards, 182.
chairmen of, 182.
in relation to calling meet-
ings of, 182.
shall report within four
weeks, 185.
committees of conference, 183.
proceedings in case of non-
concurrence of, 183.
regulations respecting action of commit-
tees, 183.
Debt, created by what vote, 186.
Messages between boards, 184.
Orders and resolutions, passage of in either
board, 185.
Ordinances, enacting style of, 183.
titles of, to be prefixed, 184.
passage of, 184.
Transmission of papers from board to board,
184.
Votes, form of, 183.
reconsideration of, 186.
NOTE.
— « —
The frontispiece to the Municipal Register will be recognized by all
who have known General Dearlwrn. It was copied from an original
portrait, now in the Dearborn family, and is pronounced by them an
admirable likeness. Henky Alexander Scammel Dearborn was the
second Mayor of the City of Roxbury, and he continued in ofl&ce until
his death, which occurred when on a visit, with his family, in Portland,
July 29, 1851. The administration of Mayor Dearborn was economi-
cal and wise ; with enlarged ideas, and a generous nature, together
with an indomitable perseverance, that overcame all obstacles, he not
only labored for the good of his day, but his far-searching wisdom
enabled him to scan the future with an almost prophetic eye ; so that
while scattering with a liberal hand and a large heart, in his private as
well as public walks of life, he unconsciously erected to his memory, a
monument more enduring than brass, or marble ; and as long as Forest
Hills Cemetery remains consecrated to its hallowed purpose, so long
will the name of Dearborn be held in cherished remembrance by all
who are called to lay their loved ones to rest in this beautiful garden
of the dead.
33
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