[City documents, 1847-1867]

^

THE

MUNICIPAL REGISTER

CONTAINING THE

CITY CHARTER, LAWS AND ORDINANCES,
AND RULES OF ORDER

CITY COUNCIL,

fist of i\t ®i«r$ of tlje Cilj of |to^iu%

FOR THE YEAR

1863.

BOSTON:

J. M. HEWES, PRINTER, 81 CORNHILL.
1863.

iti| nf Enilmnj.

In Common Council, March 30, 1863.

Ordered, That a Joint Special Committee consisting of three from this
Board, with such as the Mayor and Aldermen may join, be appointed to pre-
pare the Municipal Register for the ensuing year, and cause the samp to be
printed.

Messrs. Roland Worthington, ("the President,) L. Foster Morse and
Francis W. Welch, were appointed on the part of the Council.

Sent up for concurrence.

JOSHUA SEAVER, Clerk.

In Board op Aldermen, March 30, 1863.

Concurred, and Aldermen Moses H. Day and John H. Lester were
joined.

JOSEPH W. TUCKER, City Clerk.

CITY CHARTER.

COMMONWEALTH OF MASSACHUSETTS

In the 'K'ear One Xhonsand Xlight Hundred and Forty-Six.

An Act to Establish the City of Roxbury.

Be it enacted hi/ 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 of^°f^'^'<'
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, ^^™j°'^*'^
prudential and municipal affairs of said city,Mayor/°

•11 1 ^1111 1* •Aldermen

With the srovernment thereof, shall be vested m and com-

"-> ' monCouncU,

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 CITYCHARTER.

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 ofl&ces. A majority of each
board shall constitute a quorum, for doing busi-

witho'Jtpay. ness, and no member of either board shall re-
ceive any compensation for his services.

lMde"?he*° Sect. 3. It shall be the duty of the select-

Town into p i i i c T^ ^

Wards. men ot the town ot Koxbury, as soon as may
be, after the passage of this act, and its accept-
ance by the inhabitants, as hereinafter pro-
vided, to divide said town into eight wards,* as
follows, to wit : Jirst, 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 th^ 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.

Tofeerevised ^^jid it shall bc the duty of the city council,

every five «^ ,/ ■>

cou'ndi.*^'*^ 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-
trive Wards. Amdt. of 1852, sec. 1 .

CITY CHARTER

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

Sect. 4. On the second Monday in March,* ^^^^iZ

duties
of Warden

annually, there shall be chosen by ballot, iuandcTerk!

if>-T 1 1 11 11 ^"'^ Inspec

each of said wards, a warden, clerk, and three t^s of

' 7 7 Elections.

inspectors of elections, residents of wards in
which they are chosen, who shall hold their
ofS.ce for one year,-j- and until others shall
have been chosen in their places, and qualified
to act. It shall be the duty of such warden to
preside at all ward meetings, with the power
of moderators of town meetings. And if at any
meeting the warden shall not be present, the
clerk of such ward shall call the meeting; to
order, and preside until a warden ]3ro tempore
shall be chosen by ballot. And if at any meet-
ing 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, faithfidly and impartially to dis-
charge their several duties, relative to all elec-
tions, which oath may be administered by the
clerk of such ward, to the warden, and by the

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

O CITY CHARTER.

warden to the clerk and inspectors, or by any

justice of the peace for the county of Norfolk.

warnintsfor All warrants for meetina-s of the citizens for

Ward and O

City meet- 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.
ffMayor Sect. 5. Tlic 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 councilmenf shall be elected
from and by the voters of each ward, and shall
be resident 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 ;J and the
mayor, until another shall be elected and qual-
ified in his place.
Proceedings Sect. 6. On thc sccoud Monday in March,§
meetings, anuually, immediately after a warden, clerk,
and inspectors 1 1 shall have been elected and
sworn, the qualified voters in each ward shall
give in their votes for mayor, aldermen and
common councilmen, as provided in the pre-
ceding section ; and all the votes so given,

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

II So much as relates to Warden, &c., repealed by Amdt. of 1850,
sec. 2.

CITY CHARTER

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 SSons.
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
meeting may be adjourned from time to time,
to complete such election *

The board of aldermen shall, as soon as may
be convenient, examine the copies of the rec-
ords of the several wards, certified as aforesaid,
and shall cause the person who may have been
elected mayor, to be notified in writing of his
election ; but if it shall appear that no person
has received a majority of all the votes, or if the
person elected shall refuse to accept the office,
the board shall issue their warrants for a new
election, and the same proceedings shall be had
as are hereinbefore provided, for the choice of
mayor, and repeated from time to time, until a
mayor is chosen.

In case of the decease, resignation or absence '^^ ^^^pp^r

' O vacancy in

of the mayor, or his inability to perform the Mayo?'^ "^

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

O CITYCHARTER.

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 Alder- And if it sliall appear that the whole number

men. J- -■■

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.
Mayor's Thc Oath prcscribcd by this act shall be ad-

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

The aldermen and common councilmen elect,
shall, on the first Monday of April,* at ten
o'clock in the forenoon, meet in convention,
when the oath required by this act shall be ad-
ministered to the members of the two boards
present, by the mayor or by any justice of the
peace for the county of Norfolk, and a certifi-
cate of such oath having been taken, shall be
entered on a journal of the mayor and alder-
men, and of the common council, by their re-
spective clerks.
Notice to And whenever it shall appear that no mayor
■sTherno"'^ has been elected previously to the said first

Mayor is • a • i i i

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

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

CITYCHARTER. 9

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

After the oath has been administered as ^/f^"'"^*^"'"
aforesaid, the two boards shall separate ; and coumil
the cominon council shall be organized by the
choice of a president and a clerk, to hold their
office during the pleasure of the common coun-
cil, and to be sworn to the faithful performance
of their duties.

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

In the absence of the mayor, the board of ^^y°g'jj^_
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 Each Board

■»■ judge of

proceedings, and judge of the election of itSo^tsown

1 1 • J? •! f ^ i' • members,

own members ; and m lailure oi election, or m &o.
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- ^^^^^^^ °^
fied, shall be the chief executive officer of said

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

2

10

CITY CHARTER

city* It shall be his duty to be vigilant in
causing the laws and regulations of the city to
be enforced, and keep a general supervision
over the conduct of all subordinate officers,
with power to remove them for neglect of duty.
He may call special meetings of the boards of
aldermen and common council, or either of
them, when necessary in his opinion, by caus-
ing notices to be left at the places of residence
of the several members ; he shall communicate,
from time to time, to both of them, such infor-
mation, and recommend such measures, as in
his opinion the interests of the city may re-
quire ; he shall preside in the board of alder-
men, and in convention of the two branches,
but shall have only a casting vote.

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 : provided, hoivever, that
the city council shall have power to appoint
the mayor commissioner of highways, when, in
their opinion, such an office is necessary, and
allow him a suitable compensation therefor.

Sect. 8. The executive power of said city

Sermen*^ generally, and the administration of the police,

with all the powers heretofore vested in the

selectmen of Roxbury, shall be vested in the

Compensa-
tion.

May be
appointed
Commis-
sioner of
Highways.

Executive
power in the

* To hold office until another is chosen. Amdt. of 1850, sec. 7,
and Amdt. of 1852, sec. 3.

Police Offi-
cers.

CITYCHARTEE,. 11

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

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

And the mayor and aldermen may require

Constables'
■bonds.

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

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

The city council shall annually, as soon after to appoint

•^ '' ■' certain

their organization as may be convenient, elect, °®'=''''^>
by joint ballot in convention, a treasurer and
collector of taxes, a chief engineer, a city clerk,
and three assessors of taxes, and fix their com-
pensations. They shall, also, in such manner
as they shall determine, appoint or elect all
other subordinate officers, for whose election
or appointments other provision is not herein
made, define their duties and fix their compen-
sations.

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

12 CITY CHARTER.

pubnf All sittings of the common council shall be

public, and all sittings of the mayor and alder-
men shall also be public, when they are not
engaged in executive business.

The city council shall take care that no
moneys be paid from the treasury, unless grant-
ed or appropriated; shall secure a just and
proper accountability by requiring bonds, with
sufficient penalties and sureties, from all per-
sons trusted with the receipt, custody or dis-
bursement of money ; shall have the care and
superintendence of the city buildings, with
power to let, or to sell what may be legally
sold; and to purchase property, real or per-
sonal, in the name and for the use of the city,
whenever its interest or convenience may, in
their judgment, require it. And the city coun-
cil shall, as often as once in a year, cause to be
published, for the use of the inhabitants, a par-
ticular account of the receipts and expendi-
tures, and a schedule of city property.

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

Members of hy thc board of aldcrmcu : provided^ hotvever.

City Council •/ 1 ^ ^

offiSf'that no person shall be eligible to any office of
emolument, the salary of which is payable out
of the city treasury, who, at the time of such
appointment, shall be a member of the board
of aldermen or of the common council.

Sect. 10. The city clerk shall also be clerk

not eligible

to

emolument.

I

CITTCHARTER. 13

of the board of aldermen, and shall be sworn to ^^t*'^^i°r^
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/theToor.
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 powders 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 Asslt^M.
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 1 857, chap. 266.

14 CITYCHARTER.

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

Assessors. 'pj^g pcrsons to be chosen by the city council
as assessors, shall constitute the board of as-
sessors, and shall exercise the powers and be
subject to the duties and liabilities of assessors
in towns.

Council All taxes shall be assessed, apportioned and

may make ^ ■•-->■

vMot fo?™' collected in the manner prescribed by law rel-

eollection of,. ,, . -777 jii'j_

Taxes. ativc to towu taxcs : iwovided, lioivever, that it
shall be lawful for the city council to establish
further and additional provision for the collec-
tion thereof

how^'fiued. Should there fail to be a choice of overseers
of the poor, members of the school committee,
or assistant assessors in any ward, the vacancy
or vacancies shall be filled by the city council
in convention, in the same manner that is pro-
vided for filling vacancies in the senate of this
Commonwealth.

Highways. Sect. 12. Tlic city council shall have exclu-
sive authority and power to lay out any new
street or town way, and to estimate the dam-
ages any individual may sustain thereby; but
all questions relating to the subject of laying
out, accepting, altering, or discontinuing any
street or way, shall first be acted upon by the
mayor and aldermen. And any person dissat-

Appeai isfied with the decision of the city council in

to County •'

the estimate of damages, may make complaint

Commission
ers.

CITYCHARTER. 15

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

Sect. 13. All power and authority now by Health.
law vested in the board of health for the town
of Roxbury, or in the selectmen of said town,
shall be transferred to, and invested in the city
council, to be carried into execution in such
manner as the city council shall deem expedient.

Sect. 14. The city council shall have au-^°™^g°^
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 Jn^pe^^onof

^ '' 'J J Lumber, &c.

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- ?'T'"'*i°''l

' ir for breach of

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 CITYCHAETER.

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 sufiicient 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-laws 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-

CITYCHARTER. 1?

ance at the court appealed to, and there to
prosecute his appeal and to abide the sentence
or order of the court thereon, and in the mean
time to keep the peace and be of good behavior,
and upon not paying the fine, penalty or for-
feiture, and costs so assessed upon him, he shall
be committed to prison, there to remain until
he or she shall pay such fine, forfeiture or pen-
alty and costs, or be otherwise discharged ac-
cording to law.

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

Sect. 16. It shall be the duty of the citv Representa-

^ "^ tires.

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 "jeeM'^ss /""^

-^ election of

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

3

18 CITYCHARTER.

and the number of votes given for each, to be
written in the ward records 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 b}^ 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.
Toter"f 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 asses-
sors, and the city officers, and they shall deliver
said lists, so prepared and corrected, to the clerks
of said wards, to be used at such elections ; and

CITY CHARTER. 19

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

Sect, 19, General meetinars of the citizens Meetings of

o the citizens.

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,!Jtfon'"ff ?he
system of government hereby established, and ment^""^™"
putting the same into operation in the first in-
stance, the selectmen of the town of Koxbury
for the time being, shall, on some day during
the months of March and April of the present
year, issue their warrants seven days at least
previous to the day so appointed for calling
meetings of the said citizens at such place and
hour as they may deem expedient, for the pur-
pose of choosing a warden, clerk and inspect-
ors for each ward, and all other officers whose
election is provided for in the preceding sec-
tions of this act, and the transcripts of the rec-
ords of each ward, specifying the votes given
for the several officers aforesaid, certified by
the warden and clerk of such ward, at said first
meeting, shall be returned to the said selectmen,
whose duty it shall be to examine and compare
the same, and in case said elections should not
be completed at the first meeting, then to issue

CITY CHARTER.

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

CITY CHARTER. 21

qualified ; and at the meetings to be called, as
prescribed in this section, for the choice of ward
and city officers, the said inhabitants may, and
shall also give in their votes for 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 ^^Tcitf
to make all such salutary and needful by-laws, make"

f»i'/^ 11 By-laws.

as towns, by the laws ot 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 ;
2Jrovided, however, that all laws and regulations
now in force in the town of Roxbury shall, until
they shall expire by their own limitation, or be
revised or repealed by the city council, remain
in force ; and all fines and forfeitures for the
breach of any by-laws, or ordinance, shall be
paid into the city treasury.

Sect. 22. The annual town meetino; for the Annual town

'-' meeting

town of Roxbury, which by law is required to fecfa^nl*^'
be held in the month of March, or April, is to hold overt
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.
Delivery &c. Sect. 23. All officcrs of the town of Rox-

01 Records to

City Clerk. lyuYj, havlng the care and custody of any rec-
ords, papers or property belonging to the said
town, shall deliver the same to the city clerk,
within one week after his entering upon the
duties of his office.

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

inconsistent J r J

proYisions. ^^^ incousistcut with the provisions of this act,

shall be, and the same are hereby repealed.
Legislature Sect. 25. Nothlus^ lu tMs act contained shall

may alter O

thi^ ad;!''* 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

accepted inhabitants of the town of Roxbury, at a legal

inhabitants. , ,. 11 i i^ 1 1 i n i

town meetmg called tor the 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.
When to Sect. 27. This act shall 2:0 into operation

tajie effect. , ° ^

from and after its passage.

[Passed March 12, 1846.]

ACCEPTANCE OF THE CHARTER. 23

EXTRACT FROM THE RECORDS OF THE TOAVN OP 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 twenty-eight.

Eight hundred and thirty-six Yeas.

One hundred and ninety-two Nays.

Whereupon the Moderator then declared that the
" Act to Establish the City of Roxbury," had been
accepted by the people.

The meeting was then dissolved.

A true Record.

Attest : Nath'l S. Prentiss, Totvn Clerk.

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

Joseph W. Tucker, Citt/ Cleric.

AMEl^DMENT.

COMMONWEALTH OF MASSACHUSETTS

In the 'X'ea.r One Xhonsand Slight Hundred and Fifty.

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

E,oxbury.

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 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 waTden, 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 ofl&ces for one year,
and until others shall have been chosen in their places
and qualified to act.

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

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

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, 1 ^ .,,

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

A true copy from the Record.
Attest: Joseph W. Tucker, Citt/ Clerk.

AMEl^DME^T.

COMMONWEALTH OF MASSACHUSETTS.

In the Xear One Thousand Kieht Hnndred and Fffty-Xviro.

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

Be it eiiaded ly 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 city at large, in ad-
dition to those already elected from wards, and one
common councilman shall be elected from and by the
voters of each ward, in addition to those already elect-
ed ; and the common councilmen so elected shall be
residents of the wards in which they are elected ; all
of said officers shall be chosen by ballot, and shall
enter upon the duties of their respective offices as
soon as may be after their election, and shall hold
their respective offices until the first Monday of Janu-
ary next ; and in case of failure of election, of either
of said aldermen or common councilmen, or in case of
vacancy from any other cause, the mayor and alder-
men shall order a new election for the purpose of fill-

AMENDMENT. 29

ing such vacancy, as is provided in the sixth section of
the act to which this is in addition.

Sect. 5. This act shall be void, unless the inhab-
itants of Eoxbury, 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 jjarts 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 PROM THE RECORDS OP THE CITY OP ROXBURT.

At a meeting of the Inhabitants of the city of Rox-
bury, qualij&ed 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.

SPECIAL LAWS.

An Act relating to a Public Cemetery in the City of

Eoxbury.

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

Sect. 1. The city council of Eoxbury is hereby
authorized to elect, by joint ballot in convention, a
board of five commissioners, for the term of five years,
who shall have the sole care, superintendence and man-
agement of the Rural Cemetery, established by said
city council ; one member of which board shall go
out of office each year, and one member shall be cho-
sen annually in the month of March : but said board
or either member thereof, after having had an oppor-
tunity to be heard in his or their defence, may be re-
moved at any time, by a concurrent vote of two-thirds
of each branch of the city council ; and in case of a
vacancy in said board of commissioners, by death, re-
signation, removal or otherwise, such vacancy shall be
filled by the choice of another commissioner in the
manner aforesaid, who shall hold his office for the
residue of the term for which such member, so de-
ceased, resigned or removed, would have held the

32 SPECIALLAWS.

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 Roxbury, free of any charge therefor ; and
they shall lay out said cemetery in suitable lots, or
other subdivisions, for family or other burying 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 shall deem expedient.

Sect. 3. Said board of commissioners shall have
authority to grant and convey to any person or per-
sons, by deeds duly executed, the sole and exclusive

SPECIALLAWS. 33

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 SPECIALLAWS.

An Act to Kegulate 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 iu, 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-

SPECIALLAWS. 35

bury, except in the performance of military duty, as
to them may seem needful or expedient.

Sect. 4. Any gunpowder had and kept in said city
or transported in and through the same, except in the
performance of military duty, or under a license, as
hereinbefore provided, may be seized by any engineer
of the fire department of said city, and by him safely
kept, until disposed of, as hereinafter provided.

Sect. 5. When any gunpowder shall be so seized, the
person seizing shall libel the same, in the manner pro-
vided by the one hundred and eighteenth chapter of
the Kevised Statutes, for the " seizino; and libellino; 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 engineers of the fire de-
partment of said city, may at any time enter 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

3G SPBCIALLAWS.

eight public places in said city^ and published in one
or more newspapers printed in the county of Norfolk,
and among the regular rules and ordinances of said
city.

[Approved by the Governor, April 21, 1848.]

An Act to annex a part of the City of Roxbury to
the City of Boston.

Be it enacted, &c., as follows :

Sect. 1. The boundary line between the city of
Boston and the city of Roxbury, southeasterly of Har-
rison Avenue, is hereby altered and established as fol-
lows, to wit : — beginning at a point in the present
boundary line, at the centre of the Roxburj^ canal, (so
called,) thence running in the centre of said canal, to
a point in the same, situate one thousand and seven
feet from the southeasterly side of Harrison Avenue,
measuring southeasterly, and in the range of the west-
erly side of Worcester street, in said Boston ; thence
running in a straight line, northeasterly, about twenty-
six hundred and twenty-two feet, to a pile monument
in the Roxbury channel, in the present line ; and all
that portion of land, or flats, northwest of the line
hereby established, is hereby annexed to, and made a
part of, the said city of Boston in the county of Suf-
folk : provided, however, that the territory so transferred,
shall, for the purpose of electing senators, continue to
be, and remain a part of the city of Roxbury ; and
that all the inhabitants residing upon it shall, until
otherwise constitutionally provided, always enjoy in
relation to the election of senators, all the rights and
privileges of, and in relation to, voting in the said city

SPECIAL LAWS. 37

of Koxbiiry, which they would have possessed if this
act had not been passed ; such voting to be in the
ward whereof the place of voting shall be, for the
time being, nearest to the westerly corner of said
territory.

Sect. 2. The mayor and aldermen of the city of
Boston shall cause suitable monuments to be erected
and continued, showing the line between the said city
of Boston, as it has existed by said territory hitherto,
and shall cause the same to be perambulated in like
manner, and with like penalties for neglect, as now
by law is or are provided in respect to other boundary
lines of cities and towns, such penalties to be recovered
against the said city of Boston.

Sect. 3. The mayor and aldermen of the city of
Boston shall, annually, furnish to the city authorities
of Roxbury, forty-eight hours at least before any sen-
atorial election, correct lists, so far as may be ascertain-
able from the records and doings of the said city of
Boston, or any of its officers, of all persons resident in
the territory hereby set off, who shall be entitled to
vote for senators, as aforesaid, in the said city of Rox-
bury ; and the said city of Boston, for every neglect
of its said mayor and aldermen so to furnish such list,
shall forfeit the sum of one hundred dollars ; and for
the making of a false return in respect to any part of
such list, shall forfeit the sum of twenty dollars for
every name, in respect to which a false return shall
have been made, to be recovered in the same manner
as is provided by the fourth section of the third chap-
ter of the Revised Statutes, in respect to penalties for
neglect or false returns by collectors of towns.

[Approved by the Governor, May 3, 1850.]

38 SPECIALLAWS.

An Act in addition to an Act relating to a Public
Cemetery in the City of Roxbury.

Be it enacted, &c., as follows :

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

Sect. 2. Any sums of money, so received by said
commissioners, shall be invested by the city treasurer
of Roxbury, under the direction of said commission-
ers, in public stocks, or mortgages of real estate, and
all such property received under the provisions of the

SPECIALLAWS. 39

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,
bequests or deposits 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 lot 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 coun-
cil of Roxbury shall accept the same at a meeting of
said council called for that purpose, within thirty days
after its passage.

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

[Approved by the Governor, Feb. 25, 1852.]
[Accepted by the City Council.]

.40 SPECIALLAWS.

An Act to extend Albany Street, in the City of Boston.

Be it enacted, (&., as follotvs :

Sect. 1. The cit}^ of Boston is hereby authorized
to construct and maintain a bridge over Eoxbury
Creek, in continuation of Albany Street, upon such
line as shall be agreed upon between the mayor and
aldermen of Boston and the mayor and aldermen of
Eoxbury : provided, that said bridge shall be furnished
with a draw of such dimensions, and built in such man-
ner, as shall be approved by a commissioner to be ap-
pointed by the Governor, the fee of such commissioner
to be paid by the city of Boston.

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

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

An Act in addition to an Act to Regulate the Storage
and Transportation of Gunpowder in the City of
E-oxbury.

Be it enacted, &c., as follows :

Sect. 1. Whenever by virtue of an act to regulate
the storage and transportation of gunpowder in the
city of Eoxbury, 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 the 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-

SPECIALLAWS. 41

dred and eighteenth chapter of the Revised Statutes
concerning the seizing and libelhng of forfeited goods.
Sect. 2. This act shall take effect from and after its
passage.

[Approved by the Governor, May 3, 1855.]

An Act relating to the Public Cemetery of the City
of Roxbiiry.

Be it enacted, &c., as folloivs :

Sect. 1. The real estate belonging to the Forest
Hills Cemetery, purchased by the commissioners of
said Forest Hills Cemetery, of Joel Seaverns, in pursu-
ance of an order of the city council of the city of
Roxbury, passed on the twenty-seventh of September,
in the year eighteen hundred and fifty-two, shall be
exempt from all public taxes so long as the same shall
remain dedicated for the purposes of a cemetery.

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

[Approved by the Governor, June 4, 1856.]

An Act relating to the Fire Department of the City of

Roxbury.

Be it enacted, &c., as follotvs :

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.

42 SPECIALLAWS.

Sect. 2. The said engineers shall have authority,
in compliance with any ordinance of said city, to make
an examination of places where shavings and other
combustible materials are deposited, and to require
the removal of such materials, or the adoption of 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 coun-
cil of said city, shall, by a concurrent vote, accept the
same within sixty days from and after its passage.

[Approved by the Governor, May 18, 1857.]
[Accepted by the City Council, July 6, 1857.]

An Act relating to a Channel called the " Roxbury

Canal."

Be it enacted, (&c., as foUoivs :

Sect. 1. No vessel entering into, or being in the
channel, situated partly in Roxbury and partly in
Boston, known as the " Roxbury Canal," shall occupy
such a position therein, as unnecessarily or unreason-
ably to obstruct the passage of any other vessel in said
channel ; and for every offence against the provisions
of this section, the master, commander or owners of
such vessel so obstructins: as aforesaid, or either of

SPECIALLAWS. 43

them, shall be subject to a penalty not exceeding ten
dollars for each and every offence.

Sect. 2. Any person who shall, in any manner not
mentioned in the preceding section, unreasonably or
unnecessarily obstruct the passage of any vessel in said
channel, shall be subject to a penalty not exceeding
ten dollars for each and every offence.

Sect. 3. The harbor master, who may be elected as
hereinafter mentioned, may order the position of any
vessel, lying or being in said channel, to be changed so
that any other vessel may conveniently pass therein ;
and the master or commander of any vessel who shall
neglect or refuse to obey any such order of said harbor
master, shall be subject to a penalty not exceeding ten
dollars for each and every offence.

Sect. 4. The city council of the city of Roxbury
may, if they shall deem it expedient, annually elect
by a concurrent vote of both branches, a harbor mas-
ter, who shall hold his office for one year, and until
another shall be appointed in his place, or until he
shall be removed by the city council ; and before en-
tering upon the duties of his office, he shall give a bond
to said city of Roxbury, with sufficient sureties, to the
satisfaction of the mayor and aldermen of said city of
Roxbury, in such penal sum as said mayor and alder-
men shall direct, conditioned for the faithful discharge
of the duties of said office ; and in case of the sickness
or disability of said harbor master, he may appoint a
deputy, subject to the approval of said mayor and al-
dermen, to perform his duties during said sickness or
disability ; and said harbor master shall be allowed and
paid quarterly, out of the city treasury, such salary

44 SPECIALLAWS.

for his services as the city council shall, from time to
time, establish.

Sect. 5. It shall be the duty of said harbor master
to enforce the execution of the several provisions of
this act, and all other laws of the Commonwealth, re-
lating to said channel.

Sect. 6. Any person who shall obstruct said harbor
master in the performance of any of his duties, or shall
neo'lect or refuse to obey any lawful order made by
said harbor master, shall be subject to a penalty not
exceeding ten dollars for every offence.

Sect. 7. All the several penalties mentioned in this
act, shall enure to the use of said city of Roxbury, and
may be prosecuted for and recovered, before the police
court of the city of Roxbury, by complaint or infor-
mation, in the name of the Commonwealth, in the same
way and manner in which other criminal offences are
now prosecuted ; reserving, however, in all cases, to
any party convicted, the right of appeal from the judg-
ment and sentence of said court, to the court of com-
mon pleas, next after such conviction, to be held within
and for the county of Norfolk ; and the appeal shall
be allowed on the same terms, and the proceedings
therein conducted in the same form and manner as are
by law provided, in respect to appeals from the judg-
ment and sentence of said police court in criminal
cases.

[Approved by the Governor, March 1, 1859.]

SPBCIALLAWS. 45

An Act in relation to Sidewalks in the City of Roxbury.

Be it enacted, &c., as folloivs :

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-
w^ith, are hereby repealed.

Sect. 3. This act shall take effect from its passage.

[Approved by the Governor, April 4, I860.]

An Act to change the Boundary Line of the Cities of
Boston and Roxbury, between Shawmut Avenue
and Tremont Street.

Be it enacted, &c., as folloivs :

Sect. 1. The boundary line between the cities of
Boston and Roxbury is hereby altered and established
as follows : beginning at the intersection of the present
boundary line with the easterly side of Shawmut Ave-

46 SPECIALLAWS.

nue ; thence crossing said avenue to a point twenty-
five feet distant from the south-westerly side of Ham-
mond Street at its intersection with Shawmut Avenue ;
thence parallel with the south-westerly side of Ham-
mond Street, to the westerly side of Tremont Street ;
and thence running by the westerly side of Tremont
Street, till it intersects the present boundary line be-
tween the two cities ; and all the land in Eoxbury
north-easterly of the line hereby established, is annexed
hereby to the city of Boston, and shall constitute a
part of the eleventh ward thereof, until a new division
of wards shall be made : provided, this act shall not
affect the present apportionment for the choice of sen-
ators and representatives to the General Court, and of
councillors.

Sect. 2. This act shall not go into effect, until the
same shall be accepted by the city councils of the
cities of Boston and Roxbury.

[Approved by the Governor, April 3, I860.]

[Accepted by the City Council of Roxbury, April 16, 1860, and by the City of
Boston, May, I860.]

GENERAL STATUTES.

Of the Qualifications of Electors.

Sect. 1. Every male citizen of twenty-one years of
age and upwards, (except paupers, persons under
guardianship, and persons excluded by articles twenty
and twenty-three of the amendments to the constitu-
tion,) who has resided within the State one year, and
within the city or town in which he claims a right to
vote six months next preceding any election of city,
town, county, or state officers, or of representatives to
Congress, or electors of President and Vice-President,
and who has paid, by himself, his parent, master, or
guardian, a state or county tax assessed upon him in
this state within two years next preceding such elec-
tion, and every citizen exempted from taxation but
otherwise qualified, shall have a right to vote in all
such elections ; and no other persons shall have such
right to vote.

Sect. 2. The collectors of state and county taxes in
each city and town shall keep an accurate account of
the names of all persons from whom they receive pay-
ment of any state or county tax, and of the time of
such payment ; and upon request shall deliver to the
person paying the same a receipt specifying his name

48 GENERAL STATUTES.

and time of payment ; and such receipt shall be admit-
ted as presumptive evidence thereof.

Sect. 3. The collectors, whether the time for which
they were chosen has expired or not, shall twice in
each year, namely, once not more than twenty nor less
than fifteen days before the annual city or town elec-
tions, and once not more than twenty nor less than
fifteen days before the Tuesday next after the first
Monday in November, return to the mayor and alder-
men and selectmen of their respective cities and towns,
an accurate list of all persons from whom they have
received payment of any state or county tax, subse-
quently to the time appointed for making their last
preceding return.

Sect. 4. Every collector neglecting to make such
return shall forfeit one hundred dollars for each neg-
lect ; and twenty dollars for every name in respect to
which he makes a false return.

Sect. 5. The mayor and aldermen and selectmen
of cities and towns shall, at least ten days before the
annual city and town elections and at least ten days
before the Tuesday next after the first Monday in No-
vember annually, make correct alphabetical lists of all
the persons qualified to vote for the several officers to
be elected at those periods, and shall at least ten days
before said elections cause such lists to be posted up in
two or more public places in their respective cities and
towns.

Sect. 6. The mayor and aldermen and selectmen
shall be in session at some convenient place for a rea-
sonable time, within forty-eight hours next preceding
all meetings for the elections of the officers aforesaid,
for the purpose of receiving evidence of the qualifica-

GENERALSTATUTES. 49

tions of persons claiming a right to vote in such elec-
tions, and of correcting the lists of voters. Such ses-
sion shall be holden for one hour at least, before the
opening of the meeting on the day of the election, and
notice of the time and place of holding the sessions
shall be given by the mayor and aldermen and select-
men upon the lists posted up as aforesaid.

Sect. 7. In every place where the number of quali-
fied voters exceeds one thousand, a like session of the
mayor and aldermen or selectmen shall be holden on
the day immediately preceding the meeting, and for
as much longer time previous to said day as they judge
necessary for the purpose aforesaid. When the day
immediately preceding such meeting is Sunday, such
session shall be holden on the Saturday preceding.

Sect. 8. The selectmen shall also enter on such
lists the name of any person known to them to be
qualified to vote, and shall erase therefrom the name
of any person known to them not to be qualified.

Sect. 9. The mayor and aldermen -and selectmen
before entering upon the lists the name of a natural-
ized citizen, shall require him to produce for their in-
spection his papers of naturalization and be satisfied
that he has been legally naturalized ; but they need
not require the production of such papers after they
have once examined and passed upon them.

Sect. 10. Whoever gives a false name or a false
answer to the mayor and aldermen or selectmen when
in session for the purpose aforesaid, shall forfeit the
sum of thirty dollars for each offence.

Sect. 11. The mayor and aldermen and selectmen,
if they have duly entered on said lists the names of all

7

50 GENERALSTATUTES.

persons returned to them by the collectors, shall not
be answerable for any omissions therefrom.

Sect. 12. A city or town officer who wilfully neg-
lects or refuses to perform any duty required of him
by the provisions of this chapter, shall for each offence
forfeit a sum not exceeding two hundred dollars.

[General Statutes, chap. 6.]

Of certain Powers and Duties of Cities.

Sect. 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

GENERALSTATUTES. 51

to act there until others are chosen and qualified in
their stead.

Sect. 6. 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-
nual meeting, and until others are chosen and qualified
in their stead.

Sect. 6. Ifj 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 aldermen
shall discharge the duties of the office until a mayor is
chosen and sworn.

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 niay be filled pro tempore, by the voters

52 GENERAL STATUTES.

present, by nomination and hand vote if thej 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
afterwards into any other ward of the city.

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 aldermen 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 offence ; 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 resj-ulation 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

G E X E R A L S T A T U T E S . 53

for one offence ; and may receive annnallv one dollar
and no more for each license, granted b}- 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
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 police
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 com-
mitted on any public building or enclosure within the
limits of the citj'.

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.

[General Statutes, Chap. 19.]

Of Watch and Wards.

Sect. 1. A city or town may establish and keep a
watch and determine the number and Cjualifications of
the persons to be employed for that purpose. The
mayor and aldermen or selectmen shall appoint a suit-
able person to be officer of the watch, and direct the

54 GENERAL STATUTES.

manner in which watchmen shall be equipped. The
expense of the watch shall be defrayed in like manner
as other town charges.

Sect. 2. The watch shall see that all disturbances
and disorders are prevented and suppressed. During
the night time they may examine all persons abroad
whom they have reason to suspect of any unlawful
design, demand of them their business abroad and
whither they are going ; may disperse any assembly
of three or more persons, and enter any building for
the purpose of suppressing a riot or breach of the peace
therein. Persons so suspected and not giving a satis-
factory account of themselves, persons so assembled
and not dispersing when ordered, and persons making,
aiding, or abetting in a riot or disturbance, may be ar-
rested by the watch, and shall thereupon be safely
kept, by imprisonment or otherwise, until the next
morning, and then taken before a police court or some
trial justice, to be examined and proceeded against.

Sect. 3. Officers and members of the watch, when
on duty, may carry a club of not more than eighteen
inches in length ; shall wear such badge of office as
the mayor or selectmen direct, and shall walk the
rounds in and about the streets, lanes, wharves, and
principal inhabited parts of the city or town, to pre-
vent danger by fire, and to see that good order is
kept.

Sect. 4. The mayor and aldermen or selectmen
of any place^ wherein no watch as above provided is
established, may from time to time, order a suitable
watch to be kept in their place, and warn all persons
liable to watch and ward duty to perform the same.
They may direct the number of the watch, the places

GENERALSTATUTES. 55

and hours for keeping the same, may order in writing
any constable or officer of the watch to warn such
watch, either by himself or by some person therefor
by hhn appointed, and to see that all persons so warned
attend and perform their duty.

Sect. 5. Every male person of the age of eighteen
years or upwards, being able of body, or having suffi-
cient estate to hire a substitute, and not exempt, shall
be liable to watch and ward in his city or town, and
shall perform the duties, be subject to the liabilities,
and have the powers of watchmen as the same are de-
fined in this chapter.

Sect. 6. Justices of the peace, mayors, aldermen,
selectmen, sheriffs, settled ministers of the gospel, and
persons living more than two miles from the place
where such watch and ward is kept, shall be exempt.

Sect. 7. Persons liable to watch and ward, and
without reasonable excuse neo-lectino; or refusino; to
appear and do dut}^ personally or by sufficient substi-
tute, and constables or officers or members of the watch
refusing to execute and observe proper orders, shall for-
feit ten dollars, to be recovered by complaint to the
use of the commonwealth, or by an action of tort to the
use of the city or town.

[General Statutes, Chap. 23.]

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

56 GENERALSTATUTES.

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.

Sect. 2. Except where different 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 regu-
lations.

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

GENERALSTATUTES. 57

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
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

58 GENEKAL STATUTES.

State, the notice may be served by posting the same
on the premises and advertising in one or more public
newspapers in such manner and for such length of
time as the board or health officer may direct.

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 23er-
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.

GENERAL6TATUTES. 59

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-
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

60 GENERAL STATUTES.

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,
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

GENERALSTATUTES. 61

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
without such license travel within this state, (except
to return by the most direct way to the state from
whence 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 plague 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 ; who 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

G2 GENERAL STATUTES.

the direction of the board, to impress and take up con-
venient houses or stores for the safe keeping of such
articles ; and the board may cause them to be removed
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,
after being commanded to assist by either of said
of&cers, shall forfeit a sum not exceeding 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 of&cer 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. ^5. 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

GENERAL STATUTES. 63

disease, he shall be returned to said prison or other
place of confinement.

Sect. 26. If the person so removed is committed
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 revaccinated 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 revaccination 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 vacci-
nation 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-

64 GENERAL STATUTES.

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
the state prison 5 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 wdiich 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 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-

GENERALSTATUTES. 65

lers, the court may revoke such assignment and pro-
hibit the further use of such place or building for the
exercise of either of the aforesaid trades or employ-
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 by such nuisance, may have
an action of tort for the damages 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 re-
turned to the court for acceptance as in case of high-

9

GG GENERALSTATUTES.

ways ; and said verdict when accepted shall have the
authority and effect of an original order from, which
no appeal had been taken.

Sect. 59. If the order is af&rraed 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 chapters or acts in amendment thereof.

[General Statutes, Extracts, Chap. 26.]

Of the Promotion of Anatomical Science.

Sect. 1. The overseers of the poor of a town, the
mayor and aldermen of a city, and the inspectors and
superintendent of a state almshouse, may to any
physician or surgeon, upon his request, give permis-
sion to take the bodies of such persons dying in such
town, city, or almshouse, as are required to be buried
at the public expense, to be by him used within the
state for the advancement of anatomical science ; pre-
ference being given to medical schools established by
law, for their use in the instruction of students.

Sect. 2. Every physician or surgeon, before receiv-
ing any such dead body, shall give to the board of of-
ficers surrendering the same to him, a sufficient bond
that each body shall be used only for the promotion of
anatomical science within this state, and so as in no
event to outrage the public feeling ; and that, after

GENERAL STATUTES. 67

having been so used, the remains thereof shall be de-
cently buried.

Sect. 3. Persons having charge of a poorhouse,
workhouse, or house of industry, in which a person
required to be buried at the public expense dies, shall
forthwith give notice of such death to the overseers of
the poor of the town or to the mayor and aldermen
of the city in which such death occurs ; and except in
case of necessity the body of such person shall not be
buried until such notice is given, and permission there-
for granted by such overseers or mayor and aldermen ;
nor without their permission shall the body be surren-
dered for dissection or mutilation.

Sect. 4. If the deceased person during his last sick-
ness, of his own accord requested to be buried, or if,
within twenty-four hours after his death, any person
claiming to be and satisfying the proper authorities
that he is a friend or of kindred to the deceased, asks
to have the body buried, or if such deceased person
was a stranger or traveller who suddenly died, the
body shall not be so surrendered, but shall be buried.

[General Statutes, Chap. 27.]

Of the Public Records.

Sect. 1. All matters of public record in any ofl6.ce
shall be entered or recorded on paper made wholly of
linen, of a firm texture, well sized, and well finished ;
and the clerks and registers of said office shall give a
preference to linen paper of American or domestic
manufacture, if such paper is marked in water line

68 GENERAL STATUTES.

with the word " linen," and also with the name of the
manufacturer.

Sect. 2. The county commissioners, city govern-
ments, and selectmen, of the respective counties, cities,
and towns, shall have all books of public record or
registry belonging thereto substantially bound, and
other papers and documents within their respective
departments duly filed and arranged conveniently for
examination and reference, and shall also cause such of
said public records as are left incomplete by any clerk
or register to be made up and completed by his suc-
cessor from the files and usual memoranda as far as
practicable, and certified and preserved in the same
manner and with the same effect as is provided for
other cases in sections seven, eight and ten, of this
chapter.

Sect. 3. The commissioners shall provide and main-
tain fire-proof rooms with suitable alcoves, cases and
boxes, for the safe keeping of all records, files, papers,
and documents, belonging to the several registries of
deeds ; and a suitable place for the safe keeping and
preservation of the other public records, and of valu-
able documents belonging to the county ; and for their
particular security and preservation ; and such records
and documents shall be securely kept in the places so
provided.

Sect. 4. City governments and selectmen shall pro-
vide at the expense of their respective cities and
towns, fire-proof safes of ample size for the preserva-
tion of books of record or registry, and other impor-
tant documents or papers belonging thereto ; and the
clerk of each city and town shall keep all such books,

GENERAL STATUTES. 69

papers, and documents, in the safe so provided, at all
times except when they are wanted for use.

Sect. 5. A city or town may cause to be carefully
transcribed such of its records as relate to grants of
lands, or the grants or divisions and allotments of land
made by the original proprietors of township, or to any
easement, private rights, or ways, or any records of
births and marriages kept by such city or town, or by
any parish within the same.

Sect. 6. A city or town whose territory in whole
or in part has been set oiF from any other city or town,
may cause to be carefully transcribed such records
named in the preceding section as relate to lands,
easements, rights, or ways, situated in the territory so
set off.

Sect. 7. When the records of a county, city, or
town, are becoming worn, mutilated, or illegible, the
county commissioners, city government, or selectmen,
shall have fair, legible copies seasonably made ; and
when the interests of any county, city, or town, re-
quire, the county commissioners, mayor and alder-
men, selectmen, or overseers of the poor, may have
copies of any records or parts of records, or of any
papers or documents, in the legal custody of any other
county, city, or town, so made at the expense of their
respective counties, cities, or towns ; which copies shall
be certified by the register or clerk of the office where
they are taken to be true copies of the originals, and
they shall be preserved in like manner as the original
records, papers, and documents, of the place for which
they are made.

Sect. 8. A transcript made in pursuance of the
provisions of the preceding sections, and compared and

70 GENERAL STATUTES.

certified under oath by the clerk or register having
the custody of the original to be a true copy, shall
have the same force and effect when deposited among
the records of the place for which it is made as if the
same were an original record, or an original paper, or
document, deposited there.

Sect. 9. Registers of deeds, registers of courts, and
the registers and clerks of courts, cities, and towns, shall
keep all records and documents belonging to their of-
fices in their sole custody, and shall in no case, except
upon summons in due form of law, or when the tem-
porary removal of records and documents in their cus-
tody is necessary or convenient for the transaction of
the business of the courts or the performance of the
duties of their respective offices, cause or permit any
record or document to be removed or taken away.

Sect. 10. Under the direction of the of&cers hav-
ing the custody of the county, city, and town records
and files, the same shall be open for public inspection
and examination, and any person may take copies
thereof x^nd the several clerks and registers shall,
on payment of a reasonable fee therefor, compare and
certify, in the manner herein mentioned, all transcripts
properly and correctly made for any county, city, or
town, in pursuance of the provisions of this chapter.

Sect. 11. The legal custody of the books of record
and other documents of the ancient proprietors of
townships or of common lands, when they have ceased
to be a body corporate, shall, unless they have made
other legal disposition thereof, be vested in the clerk
of the city or town in which such lands or the larger
portion of them are situated ; who, if such records and
documents are in the possession of any other person,

GENERAL STATUTES. 71

shall demand the same, and may make and certify
copies thereof in the same manner as the clerk of the
proprietors might have done.

Sect. 12. When any church or religious society
ceases to have legal existence, and the care of its
records and registries is not otherwise provided for by
law, the person having possession of the same shall de-
liver them to the clerk of the city or town in which
such church or society was situated, who may certify
copies thereof

Sect. 13. Every county, city, and town, for each
month it neglects or refuses to perform any duty re-
quired by this chapter, shall forfeit twenty dollars ; a
register or clerk who neglects or refuses to perform
any duty required of him shall forfeit for each offence
ten dollars ; whoever takes and carries away any book
of record, paper or written document, belonging to
the records or files of any county, city, or town, ex-
cept as is provided in section nine, or defaces, alters, or
mutilates, by mark, erasure, cutting or otherwise, any
such record, paper, or written document, shall forfeit a
sum not exceeding fifty dollars ; and whoever, after
demand made by the clerk of the city or town entitled
by law to have possession of the books of record and
other documents mentioned in section eleven and
twelve, wrongfully detains the same, shall forfeit fifty
dollars.

[General Statutes, Chap. 29.]

72 GENERAL STATUTES.

Of Town and City Libraries.

Sect. 8. Each town and city may establish and
maintain a pnbhc library therein, with or without
branches, for the use of the inhabitants thereof, and
provide suitable rooms therefor, under such regula-
tions for its government as may from time to time be
prescribed by the inhabitants of the town, or the city
council.

Sect. 9. Any town or city may appropriate money
for suitable buildings or rooms, and for the foundation
of such library a sum not exceeding one dollar for each
of its ratable polls in the year next preceding that in
which such appropriation is made ; may also appropri-
ate annually, for the maintenance and increase thereof,
a sum not exceeding fifty cents for each of its ratable
polls in the year next preceding that in which such
appropriation is made, and may receive, hold, and
manage, any devise, bequest, or donation, for the es-
tablishment, increase, or maintenance, of a public
library within the same.

[General Statutes, Extracts, Chap. 33.]

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

GENERALSTA TUTES. 73

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 pov-
erty, to send such child to school, or to furnish him
with the means of education, or that such child has
been otherwise furnished wath the means of education
for a like jDcriod 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
prevent his attendance at school or application 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 auy public

10

74 GENERAL STATUTES.

school in the town in which they reside, may be al-
lowed 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 appropriations of
money raised in said town for the support of schools
the sum agreed upon.

Sect. 6. Minors under guardianship, their father
having deceased, may attend the public schools of the
city or town of which their guardian is an inhabitant.

Sect. 7. With the consent of school committees first
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 cities or towns, for tuition, a sum equal to the
average expense per scholar for such school for the
period the child shall have 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

GENERAL STATUTES. 75

or guardian of such child, state in writing the grounds
and reason of the exchision.

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 may, by filing
interrogatories for discovery, examine any member of
the school committee, or any other ofiicer of the de-
fendant city or town, as if he were a party to the suit.

[General Statutes, Ghap. 41.]

Of the Employment of Children and Regulations
respecting them.

Sect. 4. Each city and town may make all needful
provisions and arrangements concerning habitual tru-
ants, and children not attending school, or without any
regular and lawful occupation, or growing up in igno-
rance, between the ages of five and sixteen years ; and
also all such by-laws respecting such children, as shall
be deemed most conducive to their welfare and the
good order of such city or town ; and there shall be
annexed to such by-laws suitable penalties, not exceed-
ing twenty dollars for any one breach : provided, that
such by-laws shall be approved by the superior court
of the county.

Sect. 5. The several cities and towns availing them-
selves of the provisions of the preceding section, shall
appoint at the annual meetings of such towns, or an-

76 GENERAL STATUTES.

nuallj by the mayor and aldermen of such cities, three
or more persons, who alone shall be authorized, in case
of violation of such by-laws, to make the complaint
and carry into execution the judgments thereon.

Sect. 6. A minor convicted under such by-law of
being an habitual truant, or of not attending school,
or of being without regular and lawful occupation, or
growing up in ignorance, may, at the discretion of the
justice or court have jurisdiction of the case, instead of
the fine mentioned in section four, be committed to
any such institution of instruction, house of reforma-
tion, or suitable situation provided for the purpose
under authority of section four, for such time, not ex-
ceeding two years, as such justice or court may de-
termine.

Sect. 7. A minor convicted of either of said offen-
ces and sentenced to pay a fine may, in default of
payment thereof, be, committed to such institution of
instruction, house of reformation, or suitable situation
provided as aforesaid. And upon proof that the minor
is unable to pay the fine, and has no parent, guardian,
or person chargeable with his support, able to pay the
same, he may be discharged by such justice or court,
whenever it is deemed expedient, or he may be dis-
charged in the manner poor convicts may be discharged
from imprisonment for non-payment of fines and costs.

Sect. 8. Warrants issued under this chapter shall
be returnable before any trial justice or judge of a
police court, at the place named in the warrant ; and
the justice or judge shall receive such compensation as
the city or town determines.

[General Statutes, Extracts, Chap. 42.]

GENERAL STATUTES. 77

Of Ways in Cities, Dedication of Ways.

Wa?/s in Cities.

Sect. 81. The provisions of the foregoing sections
of this chapter, so far as appHcable, shall apply to the
several cities and towns, except as may be otherwise
provided by city charters and acts in amendment
thereof

Dedication of Ways.

Sect. 82. No way open 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
w^ay, 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 wath an existing public highway, to be closed
up ', or may by other sufficient means caution the public
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
damages arising from defects therein in the same man-
ner 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 fol-
lowing sections, if a street or way has been or shall be
open over private land by the owner thereof, and
permitted to be used by the public before the same has
been accepted and laid out according to law, the own-

78 GENEEAL STATUTES.

ers 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 opin-
ion 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
reasonable. 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 cause 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,
nor shall the establishment and record of the grade, or
the grading thereof by the mayor and aldermen or
selectmen, constitute an acceptance of the same by the
city or town. But no such street or way shall be dug

GENERAL STATUTES. 79

up or obstructed without the consent of the mayor and
aldermen or selectmen.

[General Statutes, Extracts, 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 sidewalk
by trees, posts, or curb-stones, set at reasonable dis-
tances 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 section shall
not diminish or interfere with the authority of survey-
ors 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-
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-

80 GENERAL BTATUTES.

ting lands, in the same manner as taxes are a lien
upon real estate.

Sect. 8. No sidewalk constructed or graded in any
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 theyydeem 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.

[General Statutes, Extracts, Chap. 45.]

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
otherwise the boundaries thereof are not known, or
cannot be made certain by the records or by monu-
ments, such fences or buildings 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 building on a town or private way, or on a

GENERAL STATUTES. 81

highway, training field, burying place, landing place,
or other land appropriated for the general use or con-
venience of the inhabitants of the Commonwealth, or
of a county, town, or parish ; but the same may upon
the presentment of a grand jury be removed as a
nuisance.

Sect. 2. The limitations of time prescribed in the
preceding 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 j)arish, 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 erectino- or continuino; such nuisance.

Sect. 4. Any person may take down and remove
gates, rails, bars, 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
11

82 GENERALSTATUTES.

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 spreading 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

G E N E R A L S T A T U T E S . 83

whose property, or within whose premises, the trespass
was committed.

Sect. 8. "Whoever neghgeutly or carelessly suffers
any horse or other beast driven by or for him, or anj^
beast belonging to him and lawfully on the highway,
to break down, destro}^ or injure any tree not his own,
standing for use or ornament on said highway, or neg-
ligenth' or wilfully by any other means breaks clown,
destroys, or injures any such tree, shall be subject to
an action for damaeres, 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.

[General Statutes, Chap. 46.]

Of Sewers and Drains.

Sect. 3. In any city or town in which chapter one
hundred and fifteen of the statutes of eighteen hun-
dred and forty-one has been accepted according to the
provisions of that act, and in any city in which this and
the three following sections of this chapter have been
accepted by the city council, and in any town in which
the same have been accepted by the legal voters at a

84 GENERALSTATUTES.

meeting called for that purpose, the mayor and alder-
men of the city and the selectmen of the town may
lay, make, maintain, and repair, all main drains or com-
mon sewers ; and all the main drains or common sew-
ers shall be the property of such city or town.

Sect. 4. Every person w^io enters his particular
drain into such main drain or common sewer, or who,
by more remote means, receives benefit thereby for
draining his cellar or land, shall pay to the city or town
a proportional part of the charge of making and re-
pairing the same, to be ascertained, assessed, and certi-
fied, by the mayor and aldermen or selectmen, and
notice thereof shall be given to the party to be charged,
or his tenant or lessee.

Sect. 5. Assessments so made shall constitute a lien
on the real estates assessed for one year after they are
laid, and may, together with incidental costs and ex-
penses, be levied by sale thereof if the assessment is
not paid within three months after a written demand
for payment, made either upon the person assessed or
upon, any person occupying the estate ; such sale to be
conducted in like manner as sales for the non-payment
of taxes.

Sect. 6. A person aggrieved by such assessment
may, at any time within three months from receiving
notice thereof, apply for a jury. Such application shall
be made in like manner and the proceedings thereon
shall be the same as in case of lands taken for laying
out of highways : provided^ that before malting his ap-
plication the party shall give one month's notice in
writing to the selectmen or mayor and aldermen of his
intention so to apply, and shall therein particularly
specify his objections to the assessment made by them ;

GENERAL STATUTES. 85

to which specification he shall be confined upon the
hearing by the jury.

[General Statutes, Extracts, Chap. 48.]
[Accepted by the City Council, July 16, I860.]

Of Licenses and Municipal Regulations 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 otfice is so kept.

Sect. 24. The mayor and aldermen or selectmen
of any. city or town may, for the purj)oses 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.

Jimlc^ 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

86 GENERAL STATUTES.

the business is to be carried orij 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-
ner than that designated in his license, or after notice
to him that his license has been revoked, shall pay a
fine of twenty dollars for each offence.

Pawnlrohers.

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.

Stables.

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

GENERALSTATUTES. 87

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
exceeding fifty dollars for every month he so occupies
or uses such building, and in like proportion for a
longer or shorter time. x\nd 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
purpose, 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

88 GENEEAL STATUTES.

the height of flues and protection against fire as thej^
deem necessary for the safety of the neighborhood.
Such license may be granted on a written apphcation,
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
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 chapter
one hundred and ninety-seven of the statutes of eight-
een 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 council
of the city or inhabitants of the town called for that
purpose, the mayor and aldermen or selectmen, after
due notice in writing to the owner of such steam-engine
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
constructed 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

GENERAL STATUTES. 89

said clerk within three days from the delivery thereof
to him.

Sect. 36. The owner of a steam engine 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
laying out of highways. Such application 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 ensfine 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

12

90 GENERALSTATUTES.

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 engine or boiler is unsafe, they may issue a tem-
porary 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 wp, 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 pur-

GENERALSTATUTES. 91

pose Ashcroft's " protected safety fusible plug " 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, knowing-
ly uses, or causes to be used, for six consecutive days,
a steam boiler unprovided with a safety fusible plug as
named in section forty-three, shall be punished by a
fine not exceeding one thousand dollars.

Rockets, giinpoivder, and other explosive substances.

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 sura 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

92 GENERAL STATUTES.

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 building, within ten rods of another
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 gunpowder, 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 warrant, 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 gunpow-
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

GENERAL STATUTES. 93

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 an}^ 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
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 paid 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

94: GENERAL STATUTES.

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 ;
but such license shall not exempt him 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 a 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 substances, 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 officer

and constable shall, kill or cause to be destroyed all

doers ffoino; at larare and not licensed and collared ac-
es o o o

cording to the provisions of this chapter ; and such
officers, when not otherwise paid for their services,

GENEEALSTATUTE9. 95

Kshall 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
any person may kill a dog that is found out of the en-
closure or immediate care of its owner or keeper, wor-
rying, wounding, or killing any neat cattle, sheep, or
lambs.

Sect. 61. If any person so assaulted, or finding a
dog 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 neglects 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 dog, 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

96 GENERALSTATUTES.

any neat cattle, sheej), or lambs, or do any other mis-
chief, the owner or keeper shall be liable to pay 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
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

GENERALSTATUTES. 97

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-
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.

Billiard tables and boivling 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
sufiers to be kept in a house, building, yard, or depend-
ency thereof, by him actually occupied or owned, a
table for the purpose of playing at billiards, or a bowl-
is

98 GENERAL STATUTES.

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
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 provisions of section thirty-two shall
apply to the erection, occupancy, or use of buildings
for bowling alleys in any city or town.

Theatrical exhibitions, public sJwivs, masked balls, (&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

GENERALSTATUTES. 99

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.

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 punished 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
licensed 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 a fine not exceed-
ing five hundred dollars ; and for any subsequent of-
fence, by imprisonment in the jail or house of correct
tion not exceeding one year.

100 GENERAL STATUTES.

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
commit such persons upon their refusing or neglecting
so to recognize and find sureties.

Sect. 79. Whoever establishes or promotes an ex-
hibition of the fighting 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.

[General Statutes, Extracts, Chap. 88.]

An Act to authorize Cities to appropriate Moneys for
certain purposes.

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

Any city, by vote of the city council thereof, in
addition to the sums heretofore authorized by law to
be raised and appropriated, may appropriate any funds
in its treasury, or raise money by taxation, and appro-
priate the same, for the providing of armories for the
use of military companies, for the celebration of holi-
days, and for other purposes of a public nature : pro-
vided, that such appropriations shall be made by vote

GENERAL STATUTES. 101

of two-thirds of the members of each branch of the
city council present and voting by yea and nay vote,
and that the amount of such appropriations made by
any city, in any one year, shall not exceed one fiftieth
of one 23er cent, of its valuation for the same year.

[Supplement to the General Statutes, Chap. 165, 1861.]
[Approved April 9, 1861.]

An Act in aid of the Families of Volunteers, and for
other purposes.

Be it enacted, &c., as foUoivs :

Sect. 1. Any town or city may raise money by
taxation, and, if necessary, apply the same, under the
direction of their selectmen or mayor and aldermen
or city council, for the aid of the wife, and of the
children under sixteen years of age, of any one of their
inhabitants, who, as a member of the volunteer militia
of this state may have been mustered into or enlisted
in the service of the United States, and for each parent,
brother or sister or child, who, at the time of his enlist-
ment, was dependent on him for support.

Sect. 2. Any city or town may by vote raise money
to defray any expense already incurred, or to carry
out and fulfil any contract heretofore made with, or in
behalf of any of its inhabitants who may have enlisted
as members of the volunteer militia, or who have been,
or may be called into the service of the United States ;
but all contracts now subsisting between any town or
city and any member of the volunteer militia as such,
shall terminate in ninety days from the date of such

102 GENERAL STATUTES.

contract or the date of enlistment if subsequent to
such contract and previous to the passage of this act.

Sect. 3. No compensation, in addition to the regu-
lar pay of the army or navy of the United States, other
than that mentioned in this act, shall be given by any
town or city to any of their inhabitants, who, as volun-
teers, or otherwise, shall enlist in the service of the
United States ; but all contracts made with any mem-
bers of the volunteer militia who have been mustered
into the service of the United States for the term of
three months, shall be valid during such term, and no
pay shall hereafter be allowed by any town or city for
the expense of drilling.

Sect. 4. Any city or town, when danger from at-
tack from the sea is apprehended, is authorized to
organize an armed police to guard against such an
attack, and may provide, by taxation, to maintain the
same. Such force may, for this purpose, act in any
part of the county within which such city or town may
be situated.

Sect. 5. Of the sum so paid or applied by any city
or town for the support of the family of any inhabitant,
who may be actually engaged in the service of the
United States, as provided in the first section, there
shall be annually reimbursed from the state treasury
to such town or city, a sum not exceeding one dollar
per week for the wife and one dollar per week for each
child or parent of such inhabitant, who, at the time
of his being called into the service of the United States,
was dependent upon him for support : provided, that
the^whole sum so reimbursed shall not exceed twelve
dollars per month for all the persons named in this
section so dependent upon any such inhabitant.

GENERAL STATUTES. 103

Sect. 6. No reimbursement shall be allowed from
the state treasury to any town or city, as provided in
the previous section, until a full report, certified and
sworn to by a majority of the board of selectmen of
any town, or of the mayor and a majority of the alder-
men of any city, containing a statement of the in-
habitants of such town or city, whose families have
been assisted, as provided in the first section, and of
the persons who have been assisted, and the relations
which such persons severally bear to such inhabitants,
and the sums paid to each person, has been made to
the auditor of the Commonwealth, and carefully exam-
ined and approved by him.

Sect. 7. A statement certified and sworn to by a
majority of the board of selectmen of any town or of
the mayor and a majorit}^ of the aldermen of any city
shall be made to the auditor of the Commonwealth on
or before the fifth day of January in each year, of the
full amount due such city or town for aid furnished in
accordance with this act.

Sect. 8. This act shall take effect upon its passage.

[General Laws, Special Session, M.a.j, 1861.]
[Approved May 23, 1861.]

An Act concerning Religious Services in Public
Schools.

Be it enacted, &c., as follows :

Sect. 1. The school committee shall require the
daily reading of some portion of the Bible, without
written note or oral comment, in the public schools, but
they shall require no scholar to read from any particu-

104 GENEKAL STATUTES.

lar version, whose parent or guardian shall declare that
he has conscientious scruples against allowing him to
read therefrom, nor shall they ever direct any school
books calculated to favor the tenets of any particular
sect of Christians, to be purchased or used in any of
the public schools.

Sect. 2. The twenty-seventh section of the thirty-
eighth chapter of the General Statutes, is hereby re-
pealed.

[General Laws, Chap. 57. Approved March 6, 1862.]

An Act in addition to an Act in Aid of the Families of
Volunteers, and for other purposes.

Be it enacted, &c., as foUotvs :

Sect. 1. Any town or city may raise money by
taxation, or otherwise, and, if necessary, apply the
same under the direction of its selectmen, or mayor
and aldermen, or city council, for the aid of the wife,
each child, parent, brother, and sister of, and dependent
upon, any one of the inhabitants of said town or city,
who, as a part of the quota of this Commonwealth,
has been, or hereafter shall be duly enlisted and mus-
tered into the volunteer service of the United States.

Sect. 2. Any town or city may raise and apply
money as aforesaid, for the aid of such wife, child,
parent, brother and sister of any one of its inhabitants
who had been duly enlisted and mustered into said
volunteer service as a part of the quota of any other
state, before the passage of this act.

Sect. 3. Money raised as aforesaid ma}'- be applied
as aforesaid, from and after the time of such enlistment,

GENERAL STATUTES. 105

and while such inhabitant has been, or shall hereafter
be actually in said volunteer service ; and all appropri-
ations and expenditures heretofore made or which shall
hereafter be made, by the selectmen, or mayor and al-
derir an, or city council, of any town or city, for any of
the purposes expressed in the foregoing sections, for
any persons who have been, or are now in the said
service, notwithstanding any actual or supposed irreg-
ularity in their original enlistment, are hereby declared
valid.

Sect. 4. Of the sums applied as aforesaid, there shall
be annually reimbursed, from the state treasury, to the
town or city so applying the same, a sum not exceed-
ing one dollar per week for the wife, and one dollar
per week for each child and parent aforesaid : frovided^
that the whole sum so reimbursed shall not exceed
twelve dollars per month, for all persons named in this
section, dependent upon any such inhabitant, at the
time he was or shall be duly enlisted and mustered into
said volunteer service.

Sect. 5. On or before the fifth day of January in
each year, there shall be deposited in the office of the
auditor of the Commonwealth, by each town and city
raising and appljang money as aforesaid, a full and
particular report, setting forth the names of the inhab-
itants of such town or city, for the aid of whose fami-
lies money has been applied as aforesaid, the names
and ages of the several persons for the aid of whom
money has been applied as aforesaid, the relation such
persons severally bear to such inhabitants, the sums
paid to each of such persons, and the time when the
same were paid. And no reimbursement shall be made
from the state treasury to such town or city as pro-

14

106 GENEEAL STATUTES.

vided in section four of this act, until such report has
been sworn to by a majority of the selectmen of such
town, or the mayor and a majority of the aldermen of
such city, deposited as aforesaid, and carefully ex-
amined, scrutinized, and approved by said auditor.

Sect. 6. This act shall not authorize reimbursing
money applied for the aid of any wife, child, or parent
aforesaid, of any commissioned officer in said volun-
teer service, nor for the aid of any person dependent
upon any volunteers from this state, enlisted into regi-
ments of any other state, who receive aid from such
other state.

Sect. 7. All acts and parts of acts inconsistent with
the provisions of this act, are hereby repealed.

Sect. 8. This act shall take effect upon its passage.

[General Laws, Chap. 66. Approved March 18, 1862.]

An Act in relation to Stationary Engines.

Be it enacted, &c., as folloim :

Sect. 1. No stationary engine, propelled by steam,
or other motive-power, shall be hereafter erected or
put up for use in any city or town, within five hundred
feet of any dwelling-house or public building, unless a
license therefor shall have been first granted in the
manner provided in chapter eighty-eight of the Gen-
eral Statutes, in respect to licenses of steam-engines,
furnaces, and boilers ; and such license shall be applied
for, granted and recorded in manner as therein pro-
vided.

Sect. 2. Any stationary engine hereafter erected,
without such license, shall be deemed a common nui-

GENERAL STATUTES. 107

sance, and the mayor and aldermen, or selectmen, shall
have like authority to remove the same, as is given to
them by section forty of said chapter.

Sect. 3. This act shall not be in force in any city
or town until it has been adopted at a legal meeting of
the city council of the city, or of the inhabitants of
the town called for that purpose.

Sect. 4. This act shall take effect upon its passage.

[General Laws, Chap. 74. Approved March 20, 1862.]

An Act in aid of Families of Seamen in the United
States Navy.

Be it enacted, &c., as foUoivs :

Sect. 1. Any town or city may raise money by tax-
ation, and apply the same, in cases of necessity, under
the direction of their selectmen, or the mayor and
aldermen, respectively, in aid of the wife and minor
children of such persons as shall be in actual service,
as seamen, in the United States Navy.

Sect. 2. Such aid may be given in the same man-
ner, to the widow and minor children of such seamen,
named in the first section, as have died, or shall here-
after die, in such actual service.

Sect. 3. No reimbursement shall be made from the
state, to any city or town, for any aid furnished under
this act.

Sect. 4. This act shall take effect upon its passage,

[General Laws, Chap. 151. Approved April 26, 1862,]

108 GENERAL STATUTES.

An Act in further addition to an Act in aid of the
Famihes of Volunteers.

Be it enacted, dc, as follows :

Sect. 1. The provisions of the second section of the
act to Avhich this act is in addition, being chapter sixty-
six of the acts of the present session, shall apply to
those volunteers, who, although not inhabitants of the
Commonwealth at the time of enlistment, have become
such by the establishment of the boundary line be-
tween the states of Massachusetts and Rhode Island.

Sect. 2. Any town :^r city may raise money by tax-
ation or otherwise, and if necessary apply the same
under the direction of its selectmen, or mayor and
aldermen, or city council, for the aid of the widow or
children who were dependent upon any one of the in-
habitants of said town or city, who may have died
whilst in the active service of the United States, if said
inhabitant were a volunteer duly enlisted and mus-
tered into the service of the United States, whose wife
or child might have received aid under the provisions
of said chapter sixty-six of the laws of the present
year.

Sect. 3. No sums shall be so applied to the wife or
children of any such deceased volunteer for a period
of more than one year after the passage of this act,
nor more than one month after the passage of any fur-
ther act of Congress allowing a pension or other pro-
vision to the widow or to the children of sue i de-
ceased volunteer.

Sect. 4. All the provisions of the fourth and fifth
sections of said chapter sixty-six of the laws of the
present year, concerning the reimbursement of money

GENERAL STATUTES. 109

from the state treasury, and annual reports to the au-
ditor, shall be applicable to all moneys applied under
the provisions of this act.

[General Laws, Chap. 166. Approved April 29, 1862.]

An Act concernino; Dealers in Junk, Old Metals, and
Second-hand Articles.

Be it enacted, &c., as foUoivs :

Sect. 1. Every city and town may provide by ordi-
nance or by-law, that every keeper of a shop for the
purchase, sale or barter, of junk, old metals, or second-
hand articles, within their respective limits, shall keep
a book, in which shall be written at the time of every
purchase of any such article, a description of the article
or articles purchased, the name, age and residence of
the person from whom, and the day and hour when,
such purchase was made ; that such book shall at all
times be open to the inspection of the mayor and alder-
men of the city, or the selectmen of the town, in which
such shop is located, and to any person by them re-
spectively authorized to make such inspection ; that
every keeper of such shop shall put in some suitable
and conspicuous place on his shop, a sign, having his
name and occupation legibly inscribed thereon in large
letters ; that such shops, and all articles of merchan-
dise therein, may be examined by the mayor and alder-
men of any city, or the selectmen of any town, or by
any person by them respectively authorized to make
such examination at all times ; and that no keeper of
such shop shall, directly or indirectly, either purchase,
or receive by way of barter or exchange, any of the

110 GENERAL STATUTES.

articles aforesaid, of any minor or apprentice, knowing
or having reason to believe him to be such ; and that
no article purchased or received shall be sold until a
period of at least one week, from the date of its pur-
chase or receipt, shall have elapsed. Every city and
town may also prescribe in like manner the hours in
which such shops shall be closed,' and that no keeper
thereof shall make purchase of any of the articles afore-
said during such hours.

Sect. 2. Every rule, regulation and restriction which
shall be made by any city or town, in accordance with
the provisions of this act, in regard to the keeping of,
and traffic in the articles aforesaid, shall be incorpo-
rated in every license granted in such city or town for
dealing in the said articles.

Sect. 3. Any person who shall violate either of the
rules, regulations or restrictions contained in his li-
cense, as aforesaid, shall forfeit a sum not exceeding
twenty dollars for each offence.

[General Laws, Chap. 205. Approved April 30, 1862.]

An Act concerning Truant Children and Absentees
from School.

Be it enacted, &c., as folloivs :

Sect. 1. Each city and town shall make all needful
provisions and arrangements concerning habitual tru-
ants, and also concerning children wandering about
in the streets or public places of any city or town,
having no lawful occupation or business, not attending
school, and growing up in ignorance, between the ages
of seven and sixteen years; and shall also make all

GENERAL STATUTES. Ill

such by-laws respecting such children as shall be deem-
ed most conducive to their welfare and the good order
of such city or town ; and there shall be annexed to
such by-laws suitable penalties not exceeding twenty
dollars, for any one breach : provided, that said by-laws
shall be approved by the superior court sitting in any
county in the Commonwealth.

Sect. 2. Any minor convicted of being an habitual
truant, or any child convicted of wandering about in
the streets or public places of any city or town, having
no lawful occupation or business, not attending school,
and growing up in ignorance, between the ages of
seven and sixteen years, may, at the discretion of the
justice or court having jurisdiction in the case, instead
of the fine mentioned in the first section, be commit-
ted to any such institution of instruction, house of re-
formation, or suitable situation provided for the pur-
pose, under the authority of the first section, for such
time, not exceeding two years, as such justice or court
may determine.

[General Laws, Chap. 207. Approved April 30, 1862.]

An Act in further addition to an Act in Aid of the
Families of Volunteers.

Be it enacted, &c., asfollotvs :

Sect. 1. Any town or city may raise money by tax
or otherwise, and if necessary apply the same under
the direction of its selectmen, or city council, for the
aid of the widow, children, parent, brothers or sisters
of any inhabitant of said town or city, and upon whom

112 GENERAL STATUTES.

they were dependent, who may have died while in the
service of the United States : provided, said inhabitant
were a vohmteer duly enlisted and mustered into the
service of the United States, and his wife, children, pa-
rent, brothers or sisters, were entitled, prior to the
decease of said volunteer, to receive aid under the
provisions of chapter sixty-six of the laws of the year
one thousand eight hundred and sixty-two.

Sect. 2. Any town or city may raise money and
apply the same in manner as provided in the first sec-
tion of this act for the aid of the wife, children, parent,
brothers or sisters of any inhabitant of said town or
city, and upon whom they were dependent, who may
have been disabled while in the service of the United
States, and discharged from said service by reason of
any disability contracted in or caused by said service,
thereby rendering said inhabitant unable to provide for
those dependent upon him : provided, that said inhabit-
ant were a volunteer duly enlisted and mustered into
the service of the United States, and his wife, children,
parent, brothers or sisters were entitled prior to his
said discharge, to receive aid under the provisions of
chapter sixty-six of the laws of the year one thousand
eight hundred and sixty- two ; and provided also, that
the provisions of this section shall apply to the widow,
children, parent, brothers, or sisters of any such volun-
teer deceased after his discharge by reason of disability
or disease contracted while in the service.

Sect. 3. All the provisions of the fourth and fifth
sections of chapter sixty-six, of the laws of the year
one thousand eight hundred and sixt3^-two, concerning
the reimbursement of money from the state treasury
and annual reports to the auditor, shall be applicable

GENERAL STATUTES. 113

to the money applied under the provisions of this
act.

Sect. 4. No sums shall be so applied to the widow,
wife, children, parent, brothers or sisters of any such
deceased or disabled volunteer for a period of more
than one year, or after the payment to them, or either
of them, of any sums under the provisions of the pen-
sion act of congress, passed July fourteenth, in the
year one thousand eight hundred and sixty-two ; and
if any town or city has furnished aid to the widow,
wife, children, parent, brothers or sisters of any such de-
ceased or disabled volunteer prior to the passage of this
act, the time during which said aid has been furnished
shall be included in computing the period of one year,
and said town or city shall have the same right of re-
imbursement as in cases of aid furnished after the pas-
sage of this act. And the word " children" in this act,
and in all acts to which this is in addition, shall be con-
strued to include step-children.

Sect. 5. This act shall take effect upon its passage.

[General Laws, Chap. 79. Approved March 12, 1863.]

An Act relating to Snow and Ice on the Roofs of

Buildingjs.

Be it enacted, &c., as follows :

Sect. 1. Cities and towns may make by-laws to pre-
vent the falling, and to provide for the removal of snow
and ice, from the roofs of buildings, in such portions of
their limits, and to such extent', as they may deem ex-
pedient, and may annex penalties not exceeding twenty
dollars, for any violation of such by-laws by the owner

15

114 GENERAL STATUTES.

of any such building, or his agent having the care
thereof.

Sect. 2. All acts and parts of acts inconsistent here-
with are hereby repealed.

[General Laws, Chap. 86, Approved March 12, 1863.]

An Act to promote Enlistments and regulate Recruiting.

Be it enacted, &c., as folloivs :

Sect. 1. No town or city shall hereafter raise or ex-
pend money for the purpose of offering or paying boun-
ties to volunteers : provided, hoivever, that the provisions
of this section shall not apply to the action of any
town or city prior to the passage of this act ; and pro-
vided, also, that any city or town may offer and pay
bounties not exceeding one hundred dollars for each
volunteer to be enlisted and mustered into the volun-
teer military service of the United States for three
years, towards supplying any existing deficiency in its
quota of troops called for by the president and ordered
to be drafted during the year eighteen hundred and
sixty-two. It shall not be lawful for any person, with-
in the territory or jurisdiction of this Commonwealth,
to recruit for or enlist in military service, except un-
der the authority of the governor thereof, or of the
president of the United States ; and every person so
offending shall be deemed guilty of a misdemeanor,
and fined not exceeding one thousand dollars, to be
prosecuted and recovered before any com^^etent court
of the Commonwealth.

[General Laws, Extract, Chap. 91. Approved March 17, 18f)3.[

GENERAL STATUTES. 115

An Act to prohibit Cities and Towns from making
Illegal Appropriations of Money, and to punish
Officers thereof for unlawful payment of the same.

Be it enacted, &c., as foUoios :

Sect. 1. No city or town shall vote or appropriate
any money to relieve or discharge from military ser-
vice of the United States any person who shall be
called or drafted into such service under or by author-
ity of the act of congress, entitled " An Act for enrol-
ling and calling out the National Forces, and for other
purposes," approved on the third day of March, in the
year one thousand eight hundred and sixty-three ; and
every such vote and appropriation shall be void and of
no effect.

Sect. 2. No city or town officer shall pay or disburse
any money in his custody or possession belonging to
his city or town, to relieve or discharge from the mili-
tary service of the United States, any person who shall
be called or drafted into such service under or by au-
thority of the aforesaid act of congress ; nor shall any
city or town officer pay or disburse any money in his
custody or possession belonging to his city or town,
for any bounty or other gratuity to any volunteer or
other person who has been or shall be enlisted or
drafted into the military service of the United States,
except for such bounties and aid as are authorized by
existing laws ; and every payment or disbursement by
any city or town officer, in violation of the provisions
of this act, shall be deemed to have been made by him
in his own wrong, and he shall be held to account for
the same to his city or town.

Sect. 3. Any city or town officer who shall offend

116 GENEEAL STATUTES.

against the provisions of this act, shall, upon convic-
tion thereof, be punished by a fine not exceeding two
thousand dollars, or by imprisonment, not exceeding
two years in the jail or house of correction.

Sect. 4. This act shall take effect upon its passage.

[General Laws, Chap. 122. Approved March 31, 1863.]

An Act concerning: Elections in Cities.

c

Be it enacted, &c., as foUoivs :

Sect. 1. In all elections held within the cities of the
Commonwealth, whether the same shall be for United
States, state, county, city, or ward officers, it shall be
the duty of the w^arden, or other presiding officer, to
cause all ballots which shall have been given in by the
qualified voters of the ward in which such election has
been held, and after the same shall have been sorted,
counted, declared, and recorded, to be secured in an
envelope, in open ward meeting, and sealed with a seal
provided for the purpose ; and the warden, clerk, and
a majority of the inspectors of the ward, shall endorse
upon the envelope for what offices and in what ward
the ballots have been received, the date of the election,
and their certificate that all the ballots given in by the
voters of the ward, and none other, are contained in
said envelope.

Sect. 2. The warden, or other presiding officer, shall
forthwith transmit the ballots sealed as aforesaid to the
city clerk, by the constable in attendance at said elec-
tion, or by one of the ward officers other than the
clerk ; and the clerk shall retain the custody of the
seal, and deliver the same, together with the records

GENERAL STATUTES. 117

of the ward and other documents, to his successor in
otiice.

Sect. 3. The city clerk shall cause to be furnished
to the clerks of the several wards a seal of suitable de-
vice, the design of which shall include the number or
designation of the ward for which it shall be furnished.
He shall receive and retain in his care the ballots
transmitted to him, for the space of not less than sixty
days ; if within the time prescribed by law for forward-
ing returns or declaring the results of an election, ten
or more citizens of any ward shall notify the city clerk,
by a written statement, that they have reason to be-
lieve that the returns of the ward officers are errone-
ous, and shall specify wherein they deem them in error,
the said clerk shall receive such statement, and shall
notify the board of aldermen, or the committee thereof
appointed to examine the returns of said election, and
the board of aldermen, or their committee, shall, within
the time required by law for examining the returns or
declaring the results of the election, examine the bal-
lots thrown in said ward and determine the questions
raised ; they shall then re-seal the envelope, either
with the seal of the city or a seal provided for the pur-
pose, and shall endorse upon said envelope a certificate
that the same has been opened and re-sealed by them
in conformity to law ; and the ballots sealed as afore-
said shall be returned to the city clerk, who upon their
certificate shall alter and amend such returns as are
found to be erroneous, and such amended return shall
stand as the true return of the ward. And if within
sixty days of an election, any person who received
votes for any office at said election shall serve upon
the city clerk, by himself, his agent, or attorney, a

118 GENERAL STATUTES.

written notification, claiming an election to such office,
and declaring an intention to contest the right of any
person who has received or who may receive a certifi-
cate of election for the same, the city clerk shall retain
such ballots, sealed as aforesaid, subject to the order of
the body to which such person shall claim to have
been elected, or until such claim shall have been with-
drawn or finally decided.

Sect. 4. Whenever in any election the right of any
person offering to vote is challenged for any cause re-
cognized by existing laws, it shall be the duty of the
warden or presiding officer, if the person challenging
shall so demand, to require the person so offering to
vote to write his name and residence upon the ballot
so offered and challenged, and the warden or presiding
officer shall add thereto the name of the person chal-
lenging the same, and the cause assigned therefor, be-
fore such ballot shall be received ; and if such ballot
shall be offered sealed, the writing as aforesaid may be
upon the envelope covering the same, and the warden
or other presiding officer, in the presence of the clerk
and at least one inspector, shall mark and designate
such ballot by writing thereon the name of the person
by whom it was cast, before it is counted, and at the
close of the election the same shall be returned to the
envelope in which it was deposited: provided, that
nothing contained in this section shall be so construed
as to permit ward officers to receive any vote which
by existing laws they are required to refuse.

Sect. 5. If any city clerk shall wilfully neglect or
refuse to comply with any of the requirements of this
act, he shall be punished by a fine not exceeding two
hundred dollars. And if any warden or other presid-

GENEEAL STATUTES. 119

ing officer, constable, or ward officer as aforesaid, shall
wilfully neglect or refuse to comply with the provisions
of this act, he shall be punished by a fine of not less
than twenty, or more than two hundred dollars, or by
imprisonment in the county jail for a term not exceed-
ing one year.

[General Laws, Chap. 144. Approved April 13, 1863.]

An Act in aid of the Families of Drafted Men, and for
other purposes.

Be it enacted, &c., as foUoivs :

Sect. 1. Any city or town may raise money by tax
or otherwise, in aid of the families and dependants of
those persons who may be drafted and serve in the
army of the United States, under the law passed by
congress, entitled " An Act for enrolling and calling out
the national forces, and for other purposes," and ap-
proved March the third, in the year one thousand eight
hundred and sixty-three, in the same manner and un-
der the same restrictions as money is raised and applied
to the aid of families and dependants of volunteers, as
prescribed in chapter sixty-six of the laws of the year
one thousand eight hundred and sixty-two, and chap-
ter seventy-nine of the laws of the year one thousand
eight hundred and sixty-three : and the provisions of
said chapter in relation to reimbursement from the
Commonwealth to the towns, shall be applicable to the
aid thus furnished under the provisions of this act.

Sect. 2. This act shall take effect upon its passage.

[General Laws, Chap. 176. Approved April 23, 1863.]

120 GENERAL STATUTES.

An Act relating to the Sealing of Weights and
Measures.

Be it enacted^ &c., as folloivs :

Sect. 1. The respective sealers of weights and mea-;
sures in the several cities and towns are authorized and
required to go to the houses, stores and shops of all
such persons within their respective cities and towns
using weights and measures for the purpose of buying
and selling, as shall neglect to bring in their weights,
measures, milk-cans, balances, scales and beams to be
adjusted and sealed, and there at the said houses, stores
and shops, having entered the same with the assent of
the occupant thereof, to adjust and seal the same, or
send the same to his office to be adjusted and sealed,
and shall be entitled to receive therefor the fees pro-
vided by law, together with all the expense of remov-
ing the same.

Sect. 2. If any such person shall refuse to haVe his
measures, milk-cans, weights, balances, scales or beams
so tried, adjusted and sealed, the same not having been
tried, adjusted and sealed within one year preceding
such refusal, he shall forfeit ten dollars for each offence,
one-half to the city or town, and one-half to the use of
the sealer of weights and measures.

Sect. 3. If any person shall alter any weight, mea-
sure, milk-can, scale, balance, or beam, after the same
shall have been adjusted and sealed, so that the same
thereby shall not conform to the public standard, and
shall fraudulently make use of the same, he shall forfeit
for each offence the sum of fifty dollars, one-half to the
use of the city or town and one-half to the use of the
complainant. And any sealer when he shall have rea-

GENERAL STATUTES. 121

sonable cause to believe that any weight, measure,
milk-can, scale, balance or beam has been altered since
the same was last adjusted and sealed, is authorized
and required to enter the premises in which any such
weight, measure, milk-can, scale, balance or beam is
kept or used, and examine the same.

Sect. 4. The city council of any city may by ordi-
nance, and any town may by by-law, provide that the
sealer of weights and measures for their respective city
or town be paid by a salary, and that he account for,
and pay into the treasury of the city or town, the fees
received by him by virtue of his office.

Sect. 5. The mayor and aldermen of any city are
authorized to remove the sealer of weights and mea-
sures at any time they may see fit.

Sect. 6. No milk-can shall be sealed by any sealer
which does not contain one or more quarts without
any fractional part of a quart.

Sect. 7. This act shall not take effect in any city or
town until it shall have been accepted by the city
council of such city, or by the inhabitants of such town
at a legal meeting.

[General Laws, Chap. 178. Approved April 23, 1863.]
[Accepted by the City Council, May 25, 1863.]

16

CITY OEDINANCES.

[No. 1.]

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

Be it ordained hy the City Council of the City of Roxhury,
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 ofwarrants for calling meetings of
the citizens of the several Wards shall be as follows, viz.:

124 CITY ORDINANCES.

pL.s.^ City of Roxbury.

To either of the Constables of the City of Roxbury^ Greet-
ing : In the name of the Commonwealth of Massachu-
setts, you are hereby required, forthwith, to warn the
inhabitants of Ward No. , quaUfied as the law di-
rects, to assemble at , on the day of ,

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

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

Witness, ■ , Mayor of our said City of

Koxbury, the day of , in the year of our

Lord one thousand eight hundred and .

By order of the Mayor and Aldermen.

, City Clerk.

Sect. 2. All warrants for callino; meetina-s 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 Ward, therein specified.

Sect. 3. The form of warrants for callino; meeting's
of the inhabitants of the City of Roxbury, shall be as
follows, to wit :

pL.s.| City of Roxbury.

To the Constahles of the City of Roxhiiry, 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. 125

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

Witness , Maj^or of our City of Rox-

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

one thousand eio;ht hundred and .

By order of the Mayor and Aldermen.

, City Cleric.

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

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

126 CITY ORDINANCES.

[No. 3.]

An Ordinance relating to the Election of certain City

Officers.

Be it ordained, &c., as folloius :

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, Ty thingmen. 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., 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, who shall receive, deliver and
execute, all notifications, summonses and precepts is-

CITY ORDINANCES. 127

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 1 8, 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,

128 CITY ORDINANCES.

whose duty it shall be to meet once in a month, and
as much oftener as they shall deem expedient. It
shall be their duty carefully to examine all accounts,
claims and demands against the city, and certify the
same to be correct, when found to be so.

Sect. 2. All accounts and other claims against the
city, for labor done, services performed, or materials of
any kind furnished for the use of the city, under the
charge, direction or superintendence of the Mayor
and Aldermen, Overseers of the Poor, School Com-
mittee, Fire Department, or any other officer or officers
of the city, or by order of the City Council, or either
branch thereof, shall, when presented to said Commit-
tee, be accompanied with a certificate of the Mayor,
the President of the Common Council, or the proper
certifying officer of each department, as the case may
be, certifying the same to be correct ; otherwise the
same shall not be received or acted upon by said Com-
mittee.

Sect. 3. Said Committee shall keep a book, wherein
they shall enter the date and amount of each and
every claim they shall allow, the name of the person
to whom the same shall be allowed, and designating
the fund or appropriation from which the same shall
be paid ; and they shall, on or before the first Monday
in March annually, and whenever requested by the
City Council, or either branch thereof, report to the
city the whole amount of accounts, claims and de-
mands 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 Mayor is

CITY ORDINANCES. 129

hereby authorized to draw orders on the Treasurer for
the payment of all accounts, claims and demands al-
lowed b}^ 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 bej^ond the sum appro-
priated by the City Council for the expenses of that
department. Provided, however, that in any case
where it is necessary for money to be paid in advance,
on contracts made for work begun, but not completed,
the Mayor, upon being satisfied of such necessity, may
draw an order on the City Treasurer for the amount
thus necessary to be advanced ; provided, that every
such order shall be countersigned by the City Clerk,
who shall enter the same in the schedule of accounts,
which he is required to present to the Committee on
Accounts.

Sect. 5. It shall be the duty of the Treasurer and
Collector, to collect and receive all rents which may
be due to the city, and all accounts and other demands
against persons indebted to the city, and under the di-
rection of the Joint Standins; 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

X7

130 CITY ORDINANCES.

due to the city. Provided^ however, that the Superin-
tendent of the Almshouse, under the direction of the
Overseers of the Poor, may receive payment for ar-
ticles sold for cash, in any case in which the amount
sold shall not exceed twenty dollars ; and in every
such case the money received shall, within one week
from the time of payment, be paid to the City Trea-
surer, and his receipt therefor shall be forthwith deliv-
ered to the City Clerk, to be laid before the Committee
on Accounts.

Sect. 7. The City Treasurer shall proceed without
delay to collect all accounts which may be delivered
to him for collection ; and he shall faithfully account
for all moneys received by him ; and in any case in
which he is unable to obtain an immediate settlement
of an account, he shall report the same to the Mayor
and Aldermen, and follow such directions as they may
deem it for the interest of the city to prescribe. The
report of the City Treasurer, and the directions of the
Mayor and Aldermen, in every such case, shall be
made in writing, and attested copies of the same shall
be furnished by the City Clerk to the Committee on
Accounts.

Sect. 8. It shall be the duty of the Committee on
Accounts to audit the account of the City Treasurer,
at the close of each municipal year, and as much
oftener as they may deem expedient ; and for this
purpose they shall have access to all books and vouch-
ers in his possession, or in the possession of the City
Clerk, or any other officer of the city, and they shall
in every case report to the City Council the result of
their examination.

Sect. 9. The City Treasurer and Collector shall

CITY ORDINANCES. 131

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 the 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 whenever the appro-
priations for the specific objects have been expended,
he shall immediately communicate the same to the
City Council, that they may be apprised 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. J

[No, 7.]

An Ordinance to preserve the Public Health, by Reg-
ulating the Use of Chemical Laboratories, and the
manufacture of White Lead and Red Lead.

Be it ordained, &c., 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-

132 CITY OEDINANCES.

ings now erected, as have heretofore been and are now
used for the same purpose, unless licensed so to do by
the Major and Aldermen of said city ; and every such
license shall specify the place where such business,
trade or employment may be carried on or exercised,
and any and every person, who shall carry on or exer-
cise the trade or employment of manufacturing acids,
or other articles usually manufactured in Chemical
Laboratories, or White Lead, or Red Lead, except as
aforesaid, without license as aforesaid, shall be guilty
of maintaining a public and common nuisance ; and
the Mayor and Aldermen of said City of 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 folloius :

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. 133

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 Oedinance establishing the Office of Commissioner
or Commissioners of Highways, and defining the
Duties thereof

[Repealed by Ordinance No. 40.]

[No. 10.]

An Oedinance regulating the Fire Department of the
City of Eoxbury.

[Repealed by Ordinance No. 34.]

134 CITY ORDINANCES.

[No. 11.]

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

Be it ordained, &g., as foUoivs :

Sect. 1. The Maj^or and Aldermen be, and they
hereby are authorized and directed, to appoint twelve*
sober, discreet, and able-bodied men, of good moral
character, to be Watchmen in the easterly section of
the City of Roxbury, from such hour in the evening
until such hour in the morning, as the said Mayor and
Aldermen shall appoint. And also a suitable person
to be the of&cer of the Watch, who shall also be a dis-
creet, sober and able-bodied man of good moral char-
acter. And the said officer and Watchmen shall con-
tinue in office until removed by the said Mayor and
Aldermen, or death or resignation ; and they shall
receive such compensation for their services respect-
ively, as the said Mayor and Aldermen shall establish ;
and shall be paid out of the treasury of the City of
Roxbury, on orders drawn by the Mayor ; and shall
be removable at the pleasure of the said Mayor and
Aldermen ; and in case of a vacancy or vacancies, by
death, resignation, removal, or otherwise, a successor or
successors shall be 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 number. Ord. No. 31.

CITY ORDINANCES. 135

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

[Passed July 27, 1846.]

[No. 12.]

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

Be it ordained^ &c., as follotvs:

Sect. 1. The Mayor, by and with the advice of
the Board of Aldermen, may grant permits for build-
ing tombs and laying out lots in the burial grounds
belonging to the city, and give titles therefor, on
such terms and conditions as deemed by them ex-
pedient.

Sect. 2. The Mayor and Aldermen shall immedi-
ately appoint two or more persons to act as Under-
takers, who may hold the office until removed. And
in case of a vacancy, caused by removal or otherwise,
it shall be the duty of the Mayor and Aldermen to
supply said vacancy by a new appointment.

Sect. 3. It shall be the duty of the Undertakers,
under the direction of the Mayor and Aldermen, to
take the care and superintend such burial grounds as
shall be assigned to them in their appointment ; to
detect and prosecute trespassers, and generally to ex-
ercise all the power and authority vested in the City
Council in relation to burial grounds. It shall also be
their duty, as soon as informed of the decease of any
person within the limits of the city, to be interred in
their district, to take the personal charge and over-

136 CITY ORDINANCES.

sight of all necessary arrangements for the removal
and burial of the body of the deceased, and for the
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.

* Change of. Per Ord. No. 27.

CITY ORDINANCES. 137

Sect. 7. Whenever any person shall decease within
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 a funeral ; provided, that this pro-
hibition shall not apply to the burial of inmates of
the Almshouse, which shall be under the control of the
keeper thereof, who shall make the returns to the City
Clerk, as required by section three.

Sect. 9. All funerals shall take place between sun-
rise and sunset, unless otherwise permitted or directed
by the Mayor. And the top of every coffin deposited
in the ground, shall be at least three feet below the
usual surface thereof

Sect. 10. Any person who shall be guilty of a vio-
lation of any of the provisions of this Ordinance, or
any of the regulations which may be prescribed by
the Mayor and Aldermen in conformity thereto, shall
forfeit and pay a sum of not less than two or more
than twenty dollars.

Sect. 11. This Ordinance shall take effect and go
into operation from and after its passage.

[Passed August 6, 1846.]

138 CITY ORDINANCES.

[No. 13.]

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

Be it ordained, &c., as folloivs :

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 deposit any stones,
bricks, timber, or other building materials thereon,
without first obtainins; 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 conditions 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

CITY ORDINANCES. 139

same shall be or remain unsafe or inconvenient as afore-
said ; and shall also keep one or more lighted lanterns
fixed to such fence, or in some other proper manner,
every night, from twilight in the evening, and through
the whole night, so long as such railings or fence shall
be kept standing. He shall also, within such reason-
able time as the Mayor and Aldermen shall direct,
amend and repair such street, lane, alley, sidewalk, or
public place, to the acceptance of said Board.

Sect. 4. No person shall make, erect or maintain
any door-step, portico, porch, entrance or passage-way
to any cellar or basement, or any other structure, in
or upon any street, alley, lane, or sidewalk, in the city,*
without permission in writing from the Mayor and Al-
dermen. No person shall suffer the platform or grate
of the entrance or passage-way to his cellar or base-
ment, heretofore constructed, or which may hereafter
be constructed, in any street, lane, alley or sidewalk,
to rise above the even surface of such street, lane,
alley or sidewalk ; and every such entrance or passage-
way shall be at all times kept covered by a suitable
and substantial platform or grate ; or in case it shall
be kept open, it shall be guarded and protected hy
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

* Concerning grates. Oixi. No. 23.

140 CITY ORDINANCES.

be dug or sunk, any well, cellar, cistern, drain or other
cavity in the ground, near to or adjoining any street,
lane or alley in the city, he shall put up and at all times
keep up, so long as it shall be necessary for the 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 jDleasure, 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. 141

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, walking or riding in or on the same. And every
person having any truck, cart, wagon or other team of
burthen under his care, shall, when driving or passing
in or upon any street, lane, alley or bridge in the city,
hold the reins of his horse or horses in his hand, or be
in such position, and so near the team be is driving, as
to be able at all times to guide, restrain and govern
the same.

Sect. 9. No person shall put or place, or cause to
be put or placed, carry or cart, or cause to be carried
or carted, in or upon any street, lane, alley or other
public place in the city, any house dirt, ashes, soot,
garbage, carrion, shreds, shavings, filth, suds, oyster,
clam, or lobster shells, dung, offal, stones, brick, masons'
or 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 suffer his firewood, coal,
or other fuel in any quantity to remain unnecessarily
on any sidewalk, or in any street, lane or alley, in the
city, over night, or after twilight, in the evening. If
the same must of necessity remain after twilight, or
through the night, the owner thereof shall place and
keep a sufficient light over or near the same, through
the night, in order to give notice thereof to travel-

142 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 sliall swim or bathe in any of
the waters within or surrounding the cit}^, so as to be
exposed to the view of passengers or other persons
passing or being in any street, lane, alley or house, or
upon any railroad within the city.

Sect. 15. No person shall expose, in or upon any
street, lane, alley, public place, common or sidewalk, in
the city, any table or device of any kind, by or upon
which any game of hazard or chance can be played ;
nor shall any person play any such game, at such table
or device, in or upon any street, lane, alley, public
place, common or sidewalk in the city. No person
shall place or keep any table, stall, booth, or other erec-
tion, in any street, lane, alley, or public place, or on'

CITY ORDINANCES. 143

any sidewalk in the city, for tlie 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 w^harf within the city.

Sect. 18. No person shall behave himself in a rude
or disorderly manner, or use any indecent, profane or
insulting language, in any street, lane, alley or other
public place in the city, or near any dwelling-house or
other building therein ; or coast or course upon any
sled or sleds, in any street, lane, alley, or other public
place, in the city, or be or remain upon any sidewalk,
or upon any door-step, portico or other projection from
any such house or other building, to the annoyance or
disturbance of any person. No person shall make any
indecent figures nor write any indecent or obscene
words upon any fence, building or other public place
within the city. No person shall by any noise, ges-
tures, or other means, wantonly and designedly frighten
or drive any horse, in any street or other public place
in the city. No person shall use or shoot with bows
and arrows, or play at any unlawful game, or at ball,
with marbles, dice, cards, paw-paws, coppers, cents or

144 CITY ORDINANCES.

other coin, or fly any kite or balloon, or throw any
stones, clubs, snow-balls or other missile, in any street,
lane, alley, or other public place within the city.

Sect. 19. No person shall suffer any spout to lead
or cast water upon any sidewalk over the heads of pas-
sengers.

No person shall suffer a cellar door, or passage from
the sidewalk into any cellar, to be kept open when not
in immediate use, after the beginning of twilight, ex-
cept a good and sufficient light be constantly kept at
the entrance of such passage.

Sect. 20. No person shall injure, deface or destroy
any guide post or guide board, any lamp post or lamp
or lantern thereon, heretofore erected, or which shall
be erected in the city ; or any tree, building, fence,
post or other thing, set, erected or made, for the use or
ornament of the city.

Sect. 21, No person shall erect any post or posts in
any street or public place in the city, except by per-
mission of the Mayor and Aldermen ; and no person
shall cut down, dig up, deface or destroy any post or
posts which are or may be erected by permission as
aforesaid, except license be first obtained from the
owner thereof, or from the Mayor and Aldermen ; and
the Mayor and Aldermen are hereby expressly author-
ized to remove any post or posts standing in any street
or public place.

Sect. 22. No person shall place or keep in front of
any building, any awning or shade less than seven feet
and a half in height at the lowest part thereof; nor
shall such awning or shade extend beyond the line of
the sidewalk.

Sect. 23. No horse shall be turned out loose, or suf-

CITY ORDINANCES. 145

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, belono;ino- 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 pub-
lic ground, without first having ascertained the bounds
of the same, by application to the Mayor and Aldermen
for that purpose.

Sect. 25. No person shall blast any rock or other
substance, with gunpowder, at any place within fifty
rods of any public place or highway in the city, with-
out license of the Mayor and Aldermen, in writing,
specifying the terms and conditions on which said li-
cense is granted : provided, however, that the remedy of
any person injured by the blasting of rocks shall not
be affected by this section, nor shall it be considered as
applying to the Surveyors of Highways in the dis-
charo-e 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,

19

146 CITY ORDINANCES.

unless the complaint for the same shall be instituted
and commenced within six months from the time of
committing such breach.

Sect. 29. This Ordinance shall take effect and go
into operation from and after the expiration of ten
days after its passage.

[Passed August 6, 1846.]

[No. 14.}

An Ordinance prescribing Rules and Regulations rela-
tive to Nuisances, Sources of Filth and Causes of
Sickness within the City of Roxbury.*

Be it ordained, &c., as foUotvs :

Sect. 1. That the department of internal and ex-
ternal Police, so far as it regards the preservation of
the health of the city, be placed under the superin-
tendence of the City Marshal ; whose duty it shall be
and he shall have power to carry into execution all
the ordinances, rules and laws made by the City Coun-
cil, relative to causes of sickness, nuisances and sources
of filth, that may be injurious to the health, or may
affect the comfort of the inhabitants of the city, which
do or may exist within the limits thereof; subject al-
ways to the direction, authority and control of the
Mayor and Aldermen ; and it shall be the duty of the
City Marshal to cause all such nuisances, sources of
filth and causes of sickness, to be prevented, removed
or destroyed, as the case may require, conformably to
the ordinances of the City Council as aforesaid, and

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

CITY ORDINANCES. 147

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
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

148 CITY ORDINANCES.

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.

Sect. 5. For any offence against the provisions of
the foregoing section, the owner or owners of each
and every tenement so used, as aforesaid, shall forfeit
. and pay a sum not less than five dollars nor more than
twenty dollars, for each and every week during which
said tenement, or any part thereof, shall be used as a
dwelling-house.

Sect. 6. If the Mayor and Aldermen shall at any
time be satisfied that any tenement, used as a dwelling-
house, is not provided with a suitable privy, and vault,
and drain, or either of them as aforesaid, and in their
opinion it shall be necessary for the public health,
they may give notice in writing to the owner thereof,
or his agent, if either be an inhabitant of the city, or
if otherwise, public notice in a newspaper printed in
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

CITY ORDINANCES. 149

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
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 newspapers shall be printed in this city,
then in two newspapers printed in the City of Boston,
directing said owners or occupants to have said nui-
sance or cause of nuisance removed, by draining, filling
up, or otherwise, in the manner as may be prescribed
in such notice ; and in case of neglect, or refusal to
obey said notice, the Mayor and Aldermen shall have
power to remove the same, by filling up, draining or
otherwise, as they shall deem expedient ; and said
owners or occupants shall defray and pay the expense
thereof

Sect. 8. No person or persons, unless by leave of
the Mayor and Aldermen, shall throw or deposit, or
cause to be thrown or deposited in any street, court,
square, lane, alley, public square or vacant lot, or into
any pond, creek or river, any dirt, saw-dust, soot, ashes,
cinders, shavings, hair, shreds, manure, oyster, lobster,
or clam shells, waste water, rubbish or filth of any
kind, or any animal or vegetable matter or substance
whatever. Nor shall any person or persons throw or
cast any dead animal, or any foul or offensive ballast,
into any dock, or any other of the waters within or
adjoining the city. Nor shall any person land any
foul or offensive animal or vegetable substance within
the city.

Sect. 9. If any of the substances, in the preceding
section mentioned, shall be thrown or carried from any

150 CITY ORDINANCES.

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-
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 necessary for the health of the city to be removed,
shall be carried away therefrom by and at the ex-
pense 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, Avith-
in four hours after notice in w^riting 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

CITY ORDINANCES. 151

provisions ; or any meat which has been blown, raised
or stuffed, or any diseased or measly pork.

Sect. 12. The Mayor and Aldermen are authorized
to prohibit the keeping of swine or goats in any part
or parts of the city where they shall deem that the
keeping of such animals would be detrimental to the
health or comfort of the citizens in the neighborhood
thereof, residing or passing, — and shall have power to
remove, or cause to be removed any swine or goat
from any place where the keeping of such animals are
prohibited to be kept.

Any and every person who shall keep any swine or
goat in any place in the city in which such animals
are prohibited to be kept, or from whence he is re-
quired to remove the same, six hours after having
received notice from the Mayor and Aldermen in wri-
ting, to remove the same, or that such animals are pro-
hibited to be kept in such place, shall forfeit and pay
the sum of three dollars, for each and every swine or
goat so kept, for each and every day during which he
shall so keep the same or any of them.

Sect. 13. Whenever any person shall have been
duly notified to remove any nuisance, or to cleanse,
alter or amend any vault or drain, or to perform any
other act or thing which it may be his duty to per-
form, in obedience to the laws of the Commonwealth,
or the rules, orders, regulations, by-laws, or ordinances
for the preservation of the health of the city, which are
now, or which hereafter shall be made, by lawful au-
thority, and the time limited to the performance of
such duty shall have elapsed, without a compliance
with such notice, the City Marshal shall issue new no-
tices from time to time to such delinquents, until the

152 CITY ORDINANCES.

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

Sect. 14. The City Marshal, or any person author-
ized by the Mayor for that purpose, shall and may, at
any time, between sunrise and sunset, enter into any
building within the city, for the purpose of examining
into, destroying, removing or 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 ofi&cer, 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, imder the authority of said Court,
to examine such building or other place, and to de-
stroy, remove or prevent any nuisance, source of filth
or cause of sickness, that may be found there, in such
manner as the Mayor and Aldermen shall direct.
And the said City Marshal, or any person authorized
as aforesaid, shall, and may, at any time between
sunrise and sunset, enter into any yard or lot of
ground, or into any out-house, and examine any al-
ley, sink, cess-pool, privy, vault, public or private

CITY ORDINANCES. 153

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, alter-
ed 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
and every offence a sum not less than three nor more
than twenty dollars.

Sect. 16. This Ordinance shall take effect and go
into operation from and after the tenth day of August
current.

[Passed August 6, 1846.]

[No. 15.]

An Ordinance directing the Manner in which the
Ordinances of the City Council shall be promul-
gated.

Be it ordained, &c., as follotvs :

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.]
20

154 CITY ORDINANCES.

[No. 16.]

An Ordinance restraining the going at large of Dogs
within the City of Eoxbury.

[Repealed by Ordinance No. 63.]

[No. 17.]

An Ordinance requiring a separate Record to be kept
of the Streets and Highways in the City.

Be it ordained, '&c., as follows :

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. Getting, M. D., to wit : On the right
of the centre of the foreground, a young matron, seat-
ed, resting her left arm upon a shield, on which are
inscribed the Arms of the State ; holding in her ex-
tended right hand a Mural Crown, as in the act of pre-
senting it ; — on the centre and left of the background,
a view of the City ; in front of which, on the Middle
ground a train of railroad cars passing towards the ine-

CITY ORDINANCES

155

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

[Passed October, 26, 1846.]

[No. 19.]

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

Be it ordained, &c., as foUoivs :

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 Roxhiiry, as folloivs : — "

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 ;

156 CITY OEDINANCES.

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

An Ordinance establishing the office of City Messen-
ger— passed May 18, 1846 :

An Ordinance relating to the election of certain City
officers — passed May 18, 1846 :

An Ordinance prescribing the manner of recording
the Ordinances of the City — passed May 18, 1846 :

An Ordinance establishing a system for collecting the
Taxes of the City of Roxbury — passed June 8, 1846 :

An Ordinance establishing the office of Commissioner
or Commissioners of Highways, and defining the duties
thereof — passed June 22, 1846 :

An Ordinance regulating the Fire Department of the
City of Roxbury — passed July 20, 1846 :

An Ordinance establishing a Watch, for preserving
the safety and good order of the City of Roxbury—
passed July 27, 1846 :

An Ordinance restraining the going at large of Dogs
within the City of Roxbury — passed August 6, 1846 :

An Ordinance in relation to Burial Grounds and the
interment of the Dead — passed August 6, 1846 :

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

An Ordinance 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. 157

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

[Passed May 24, 1847.]

[No. 20.]

An Ordinance providing for the Execution of Deeds,
Leases, and other legal instruments in behalf of the
City.

Be it ordained, &c., as folloivs :

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.J

[No. 21.]

An Ordinance in addition to an Ordinance regulating
the Fire Department of the City of Roxbury,

[Repealed by Ordinance No. 34.]

158 CITY ORDINANCES.

[No. 22.]

An Ordinance relating to the Expenditures for Schools.

Be it ordained, &c., as follows :

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, stationary, 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 rooms and furniture shall be
necessary, provided that the expense thereof shall not
exceed the sum of one hundred dollars in any one in-
stance.

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

CITY ORDINANCES. 159

several school houses and the grounds attached thereto,
belonging to the city, and provide all necessary articles
for the comfort and convenience of the schools (with
the exception of fuel) that may be deemed 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.]

[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 foUoivs :

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 swing over such street, lane, alley or
sidewalk.

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

[Passed March 20, 1848.]

160 CITY ORDINANCES.

[No. 24.]

An Ordinance establishing the Name of the Rural

Cemetery.

Be it ordained, &c., as follows :

Sect. 1. The Rural Cemetery recently established
by the City Council, shall be called and known by the
name of " Forest Hills."

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

[Passed July 3, 1848.]

[No. 25.]

An Ordinance in relation to Numbering Houses and
other buildings.

Be it ordained, &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. 161

[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 foiiozvs :

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, IS-tS.]
21

162 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, &e., as folloivs :

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, sixti/-
three cents ; for opening and closing a tomb for the re-
ception of a corpse, Jifti/ 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 tiuenti/-five cents ; for attending
funerals of deceased persons brought from other places
into this city for interment, if in a grave, ttvo dollars,
but if in a tomb, one dollar ; for removing a deceased
person from this city to any other city or town, or
from any city or town to this city, for interment, three
dollars.

Sect. 2. So much of the " Ordinance in relation to
Burial Grrounds 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.J

CITY ORDINANCES. 163

[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 j3rescribing the form of Deeds to be
executed for the conveyance of Lots in Forest Hills
Cemetery.

Whereas, the Commissioners of the Forest Hills
Cemetery have prepared a form for the conveyance of
lots in said Cemetery, hereinafter set forth, and have
advised that the same be approved and adopted by the
City Council, therefore.

Be it ordained, &c., as follotus :

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

164 CITY ORDINANCES.

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

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

of Massachusetts, in consideration of dollars, paid

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

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

, and the sole and exclusive right of burial of

the dead therein : The said granted lot contains

superficial square feet, and is numbered on the

plan of said Cemetery, which is in the possession of the
Board of Commissioners having the care, superintend-
ence and management thereof, and may be inspected
by the said grantee, his heirs and assigns, at all reason-
able times. To have and to hold, the aforegranted

premises unto the said , heirs and assigns

forever ; but subject to the restrictions, limitations and
conditions, and with the privileges following, viz. :

First. That the proprietors of the said lot shall
have the right to enclose the same with a wall or
fence, not exceeding one foot in thickness, which may
be placed on the adjoining land of the said city, exte-
rior to the said lot.

Second. That the said lot shall not be used for any
other purpose than as a place of burial for the dead ;
and no trees within the lot or border shall be cut down
or destroyed, without the consent of the said Com-
missioners.

Third. That the proprietors of said lot shall have the

CITY ORDINANCES. 165

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 and 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

166 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
oria:inal arrantee : 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 herebj^ 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. 167

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.

, Citi/ Treasurer.

City of Roxbury. City Clerk's Office, 18 — .

1 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. .

, Citi/ Clerk.

Sect. 2. All deeds executed in conformity to the
preceding section, shall be signed by the Chairman of
the Board of Commissioners of Forest Hills Cemetery,
and countersigned by their Secretary and the City
Treasurer, and shall have the City Seal affixed thereto.

Sect. 3. Said deeds shall be recorded by the City
Clerk, in a book provided for that purpose, and to be
kept in his office.

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

[Passed January 22, 1849.]

168 CITY ORDINANCES.

[No. 30.]

An Ordinance in addition to an Ordinance [No. 10]
regulating the Fire Department of the City of
Roxbury.

[Kepealed by Ordinance No. 34.]

[No. 31.]

An Ordinance in addition to "An Ordinance to estab-
lish a Watch for preserving the safety and good
order of the City of Roxbury."

Be it ordained, &c., as foUoivs :

Sect. 1. That the Mayor and Aldermen be and they
are hereby authorized and directed to appoint such a
number of sober, discreet, and able-bodied men of good
moral character, as they may deem expedient, to be
Watchmen in the City of Roxbury, from such hour in
the evening until such hour in the morning as the
Mayor and Aldermen shall direct.

Sect. 2. So much of Ordinance No. 11, relative to
the City Watch, passed July 27, 1846, to which this is
in addition, as is inconsistent herewith, is hereby re-
pealed.

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

[Passed May 7, 1849.]

CITY ORDINANCES. 169

[No. 32.]

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

Be it ordained, &c., as folloivs :

Sect. 1. The top of the uppermost of each and
every cof&n 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.]
22

170 CITY ORDINANCES.

[No. 34.]

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

Be it ordained, &c., as foUoivs :

Sect. 1. The Fire Department of the City of Eox-
bury shall consist of a Chief Engineer, four Assistant
Engineers, and of as many Enginemen, Hosemen and
Hook and Laddermen, to be divided into companies, as
the number of Engines, and the number and quantity
of other fire apparatus belonging to the city, shall, from
time to time, require.

Sect. 2. The Engineers shall be chosen annually in
the month of April, by joint ballot of the two branches
of the City Council in convention, and shall hold their
office for one year from the first of May ensuing, and
until others shall be chosen in their places. Provided,
however, that no Assistant Engineer shall hold over,
in case three of the new Board are elected. And in
all cases of holding over, preference shall be given to
seniority of age.

Each Engineer shall on his appointment, receive a
written or printed certificate or warrant, in the words
following, namely :

This certifies that has been appoint-

ed Engineer of the Fire Department of the

City of Roxbury, and entitled to all the immunities
belonging to said office.

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

, Mayo?'.

, Citi/ ClerJe.

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

CITY ORDINANCES. 171

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 stafi", or badge, of their office ; to take

172 CITY ORDINANCES.

proper measures that the several Engines, and other
apparatus, be arranged in the most advantageous situ-
ations, and duly worked for the effectual extinguish-
ment of the fire ; to require and compel assistance
from all persons, as well members of the Department
as others, in extinguishing the fire, removing furniture,
goods or other merchandise from any building on fire,
or in danger thereof, and to appoint guards to secure
the same ; and to suppress all tumults and disorders.

It shall also be their duty to cause order to be pre-
served in going to, working at, or returning from fires,
and at all other times, when companies attached to the
Department are on duty.

Whenever it shall be adjudged, at any fire, by any
three or more of the Engineers, of whom the Chief
Engineer, if present, shall be one, to be necessary in
order to prevent the further spreading of the fire, to
pull down or otherwise demolish any building, the
same may be done by their joint order.

Sect. 6. The Chief Engineer shall have the sole
command at fires, over all the other Engineers, all
members of the Fire Department, and all other per-
sons who may be present at fires ; and shall direct all
proper measures for the extinguishment of fires, pro-
tection of property, preservation of order, and observ-
ance of laws, ordinances, and regulations respecting
fires. And it shall be the duty of the said Chief Engi-
neer to examine into the condition of the Engines and
all other fire apparatus, and of the engine and other
houses, and the reservoirs belonging to the city, and
used for the purposes of the Fire Department, and
of the companies attached to the said Department, as
often as circumstances may render it expedient, or

CITY ORDIISrANCES. 173

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, additions or repairs,
the said Chief Engineer, under the direction of the
Committee on the Fire Department, shall cause the
same to be made. And it shall be, moreover, the duty
of the Chief Engineer to receive and transmit to the
City Council, all returns of officers, members and fire
apparatus, made by the respective companies, as here-
inafter prescribed, and all other communications re-
lating to the affairs of the Fire Department ; to keep or
to cause to be kept fair and exact rolls of the respect-
ive companies, specifying the time of admission and
discharge of each member, and also a record of all ac-
cidents by fire, which may happen within the city,
with the causes thereof, as well as can be ascertained,
and the number and description of the building des-
troyed or injured, together with the names of the own-
ers or occupants, and report the same, once in each
year, to the City Council.

The appropriations for the Fire Department of the
City of Roxbury, for new engines, apparatus, engine
houses, extraordinary repairs and alterations upon en-
gines or houses, and also appropriations for reservoirs,
shall be extended by or under direction of the Com-
mittee on the Fire Department of the City Council.

174 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 j)eriods of six months each ; and no member
shall be entitled to any pay, unless he has served three
months in the company in which he enters. And the
Clerks of the several companies shall, on or before the
first day of August, November, February or May, re-
turn to the Chief Engineer a separate certificate of the
service of each member of their respective companies.

Sect. 10. Each of the Engine, 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. 175

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 belong-ins: to said office.

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

, Mayor.

, City Clerk.

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

176 CITY OEDINANCBS,

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 ofl&cers 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 w^hich 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. 177

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 his 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 menibers and the apparatus
entrusted to their care, whenever called upon so to do.

Sect. 16. It shall be the duty of the officers and
members of the several Engine, Hose and Hook and
Ladder Companies, whenever a fire shall break out in
the city, to repair forthwith to their respective En-
gines, Hose, and Hook and Ladder carriages, and other
apparatus, and to convey them in as orderly a manner
as may be, to or near the place where the fire may be,
and in conformity with the directions of the Chief, or
other Engineers, to exert themselves in the most or-
derly manner possible, in working and managing the
said Engines, Hose, and Hooks and Ladders and other
apparatus, and in performing any duty that they may
be called on to do by any Engineer ; and upon per-
mission of the Chief or other Engineer, shall in an
orderly and quiet manner return the said apparatus to
their respective places of deposit. Provided, in the ab-
sence of all the Engineers, such direction and permis-
sion may be given by their respective Foremen.

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

23

178 CITY ORDINANCES.

appoint two or more Suction Hosemen, and three or
more Leading Hosemen, 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 j)ermitted 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 appa-
ratus after its return; and except for the business
meetings of the companies.

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

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

CITY ORDINANCES. 179

Sect. 21. No Engine, Hose or Hook and Ladder
carriage, shall be taken to a fire out of the city, with-
out permission of an Engineer ; nor shall any of the
apparatus of the Fire Department be taken from the
city, other than to a fire, without permission from the
Mayor and Aldermen.

Sect. 22. All Ordinances in relation to the Fire De-
partment, prior to this, are hereby repealed.

Sect. 23. This Ordinance shall go into effect from
and after the first day of May, 1851.

[Passed April 7, 1851. j

[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.

180 CITYORDINANCES.

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. 181

[No. 37.]

An Ordinance establishing the Office of City Crier.

Be it ordained^ &c., as folloius :

Sect. 1. The Mayor and Aldermen may from time
to time grant licenses to such and so many persons as
they may deem expedient to be " Common Criers " in
the city ; and such licenses shall continue in force
until the first day of May next after the date thereof,
unless sooner revoked by the Mayor and Aldermen,
and no longer.

Sect. 2. No person shall be a Common Crier within
the City of Roxbury, or cry any goods, wares or mer-
chandise, lost or found, stolen goods, strays or public
sales, in any of the streets, squares, lanes or market
places within the city, unless he shall be licensed as
aforesaid.

Sect. 3. Every person so licensed shall keep a true
and perfect list of all the matters and things by him
cried, and the names of the persons by whom he was
employed to cry the same, which list shall be open
and subject to the inspection of the Mayor and Alder-
men, whenever they shall demand the same ; and no
Common Crier shall publish or cry any abusive, li-
bellous, profane or obscene matter or thing what-
soever.

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

[Passed June 28, 1852.]

182 CITY ORDINANCES.

[No, 38.]

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

Be it ordained^ &c., as follows :

Sect 1. The City of Roxbury hereby adopts the
two hundred and ninety-fourth chapter of the laws of
this Commonwealth, for the year one thousand eight
hundred and fifty, entitled " An Act concerning Truant
Children and Absentees from School," and the act in
addition thereto, passed the twentieth day of May, in
the year one thousand eight hundred and fifty-two,
and avails itself of the provisions of said acts.

Sect. 2. Any minor between the ages of six and
fifteen years, who has not attended school, in conform-
ity to the laws of this Commonwealth, all habitual tru-
ants and absentees from school, all children that are
about the streets begging and collecting swill, or tres-
passing upon lands, gardens or orchards, upon convic-
tion of any offence herein described, shall be punished
by fine not exceeding twenty dollars ; or instead
thereof, by being committed to the almshouse estab-
lishment, at the discretion of the Justice of the Peace
having jurisdiction of the case, for such time as said
Justice of the Peace may determine, not exceeding one
year. Provided, however, that any minor convicted of
either of the offences herein mentioned, may be dis-
charged by such Justice of the Peace according to the
provisions of the said acts.

Sect. 3. The several Justices of the Peace for the
County of Norfolk, residing within the City of Rox-
bury, shall have jurisdiction of the offences herein set
forth, and the almshouse establishment is hereby as-

CITY ORDINANCES. 183

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 Justice 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 Ofial
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 folloius :

Sect. 1. Forthwith and hereafter, in the month of
January annually, there shall be appointed by the

184 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. 185

for cleaning the streets and disposing of manure and
house dirt.

Sect. 4. The said Commissioner shall keep an exact
account of the receipts and expenditures in his depart-
ment, with the names of all persons who have furnished
materials, and of all workmen, and the amount due to
each individual, and shall lay the same before the
Mayor and Aldermen for their examination and allow-
ance, at least once in each month, and at such other
times as the said Mayor and Aldermen may direct.
And he shall, on or before the last Monday in Janu-
ary, annually, make and render to the City Council a
report containing a general statement of the expenses
of his department daring 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 Eoxbury.

[Repealed by Ordinance No. 54.
24

188 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 annually.

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

[Passed February 5, 1855.]

[No. 44.]

An Okdinance relating to Expenditures for Lamps.

Be it ordained, &c., as foUoius :

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. 189

appropriation therefor,) and shall make such rules and
regulations respecting the lighting, extinguishing and
preservation of such lamps, as they may deem most
for the benefit of the city.

Sect. 3. Said Committee, shall annually, in the
month of October, report to the City Council the con-
dition of the city lamps ; the manner the appropria-
tions under their direction have been expended, and
make such suggestions in reference to future appro-
priations and expenditures for the purpose, as in their
judgment the public safety and convenience may re-
quire.

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, &c., as foUoivs :

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

190 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 Koxbury in the sum o^five 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 duty, 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. 191

from school. It shall be his duty to execute all orders
and commands of the Mayor and of the Board of Al-
dermen, in relation to any matter or thing in which
the city shall be in anywise concerned or interested.
He shall be vigilant to detect the breach of any law,
by-law or ordinance. It shall also be his duty to pros-
ecute all offenders as soon as may be, and attend, in
behalf of the city, the trials of all offences which may
be prosecuted ; and to use all lawful means for the
effectual prosecution and final conviction of offenders,
and to lay before the Mayor and Aldermen a correct
statement of all prosecutions by him instituted in be-
half of the city, or in which the city is any way con-
cerned, within one week after their final determination
respectively, and once a month furnish the Mayor with
a detailed report, in writing, of such offences against
the laws or the city ordinances as he may have de-
tected. It shall also be his duty to collect, receive and
pay over to the Treasurer of the city, all fines and
penalties incurred for violations of the by-laws and
ordinances of the city, and all fees received by himself
or his Assistants as witnesses, or for service of criminal
processes, or for services in behalf of the city ; and
further to perform all such other and additional duties,
and to comply with all such regulations as may at any
time be prescribed to him by the Mayor and Aldermen.

Sect. 4. The Mayor and Aldermen may, at any
time, by vote, remove from ofiice 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

192 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. T. 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 foUoivs :

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. 193

turriino; the same to the house, and takino; 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 takino; or returnino; the Eno-ine or Eno-ines,
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, (&€., asfollozus :

Sect. 1. There shall be chosen forthwith, and here-
after annually in the month of May, and whenever a
vacancy occurs, by concurrent vote of the two branches
of the City Council, a City Physician, who shall hold
his office until he is removed, or a successor chosen in
^his place. He shall be removable at the pleasure of
the City Council, and shall receive such compensation
as the City Council shall from time to time determine.

Sect. 2. The said physician shall attend at his
office, or at such places 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

25

194 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 thein
to obtain admission to the j)ublic 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 phy-
sician.

Sect. 3. The said City Physician shall always have
on hand, as far as practicable, a sufficient quantity of
virus, and he shall supply the Consulting Physicians
of the city, and the physicians of the Roxbury Dispen-
sary, with the same without charge.

Sect. 4. He shall keep a record of all cases of small
pox, or other malignant diseases, attended by him
under this Ordinance, and make a report thereof to
the City Council, as often as once in three months, or
whenever the Board of Aldermen may direct.

Sect. 6. 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 in-
habitants.

Sect. 6. The said City Physician shall likewise per-
form all professional services required at the City
Almshouse, when called upon by the Superintendent

CITY ORDINANCES. 195

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 effect on and
after its passage.

[Passed July 16, 1855.]

[No. 49.]

An Ordinance to repeal Ordinance No. 46, entitled
" An Ordinance amendatory of an Ordinance in re-
lation to the Acceptance of Streets in the City of
Roxbury."

Be it ordained, &c., as follows :

That Ordinance No. 46 be and the same is hereby
repealed.

[Passed November 9, 1857.]

[No. 50.]

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

[Repealed by Ordinance No. 68.]

194 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 thein
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 phy-
sician.

Sect. 3. The said City Physician shall always have
on hand, as far as practicable, a sufficient quantity of
virus, and he shall supply the Consulting Physicians
of the city, and the physicians of the Roxbury Dispen-
sary, with the same without charge.

Sect. 4. He shall keep a record of all cases of small
pox, or other malignant diseases, attended by him
under this Ordinance, and make a report thereof to
the City Council, as often as once in three months, or
whenever the Board of Aldermen may direct.

Sect. 5. The said City Physician shall examine all
causes of disease within the city, and inquire into all
sources of danger to the public health ; and in case of
an alarm of any contagious, infectious, or other danger-
ous disease, occurring in the city or neighborhood, to
give to the Mayor, or either Board of the City Coun-
cil, such professional advice and information as they
may request, with a view to the prevention of said
diseases, and the preservation of the health of the in-
habitants.

Sect. 6. The said City Physician shall likewise per-
form all professional services required at the City
Almshouse, when called upon by the Superintendent

CITY ORDINANCES. 195

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 Oedinance to repeal Ordinance No. 46, entitled
" An Ordinance amendatory of an Ordinance in re-
lation to the Acceptance of Streets in the City of
Eoxbury."

Be it ordained, &c., as follows :

That Ordinance No. 46 be and the same is hereby
repealed.

[Passed November 9, 1857.]

[No. 50.]

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

[Repealed by Ordinance No. 68.]

196 CITY ORDINANCES.

[No. 51.]

An Ordinance in addition to " An Ordinance regula-
ting the Fire Department of the City of Roxbury."

Be it ordained, &c., as folloius :

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.

[Passed June 14, 1858.]

[No. 52.]

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

Be it ordained, &c., as follows :

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

CITY ORDINANCES, 197

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 whatosever
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.

[Repealed by Ordinance No. 64.]

[No. 54.]

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

Be it ordained. &c., as foUoivs :

Sect. 1. No street already laid out and not built
upon, or which shall hereafter be laid out, shall be ac-
cepted by the City Council, unless the same shall be
forty feet in width.

Sect. 2. No street shall hereafter be accepted by
the City Council, until the grade of said street shall
have been first determined by the Board of Aldermen,
and surveyed by a competent Surveyor, duly appoint-

198 CITY ORDINANCES.

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 follows :

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

CITY ORDINANCES. 199

[No. 56.]

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

Be it ordained, &c., as foUotvs :

Sect. 1. No person not a member of the Fire De-
partment of Roxbury, or of the City Government, or
of the PoUce 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-
son or persons who may be duly authorized to make
any repairs in or upon any Engine House, or fire
apparatus belonging to the City of Roxbury.

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

[Passed March 14, 1859.]

200 CITY ORDINANCES.

[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.y as foUoivs :

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

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

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

[Passed April 11, 1859.]

[No. 58.]

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

Be it ordained, &c., as folhws :

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-

CITY ORDINANCES. 201

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
month 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
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.]

26

202 CITY ORDINANCES.

[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. 60.]

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

£e it ordained, &c., as folloivs :

Sect. 1. All house oflfal, whether consisting of ani-
mal or vegetable substances, shall be deposited in con-
venient vessels, and kept in some convenient place, to
be taken away by or under the direction of the person
appointed by the Mayor and Aldermen for that pur-
pose ; which shall be done not less than twice in each
week.

CITY ORDINANCES. 203

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 suflicient 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
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 everj^ load (being 70 cubic feet) of night soil
removed for such applicant, in such vehicle as afore-
said, during the months of June, Julv and August, and

204 CITY ORDINANCES.

the sum of two dollars, and no more, for each and every
such load removed as aforesaid for such applicant,
during the remainder of the year. And no vault of
any privy shall be opened for the purpose of cleaning
the same, in any day between the hours of five of the
clock in the forenoon and the hour of ten of the clock
in the afternoon in the same day. The person so ap-
pointed and accepting as aforesaid, shall conform to all
such orders and regulations as the Mayor and Alder-
men shall make in relation to the removal of night
soil, and shall be held responsible for any unnecessary
damage he may cause to property while in the per-
formance of such business. The Mayor and Aldermen
may, at any time, remove any person so appointed as
aforesaid, and may fill any vacancy occasioned by such
removal or otherwise.

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

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

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

Sect. 8. An Ordinance entitled " An Ordinance con-
cerning the removal of House Offal and Night Soil from
the City," passed June 28, 1853, is hereby repealed.

Sect. 9. This Ordinance shall take eff'ect from and
after its passage.

[Passed Maj' 9, 1859. J

CITY ORDINANCES. 205

[No. 61.]

An Ordinance relating to Truant Children and Absen-
te s from School.

[Repealed by Ordinance No. 62. J

[No. 62.]

An Ordinance in relation to Truant Children and Ab-
sentees from School.

[Repealed by Ordinance No. 70.]

[No. 63.]

An Ordinance concerning Dogs.

Be it ordained, &c., as foUoivs :

Sect. 1. On complaint made to the City Marshal of
any dog within the City of Roxbury 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,

206 CITY ORDINANCES.

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 provisions 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 thie 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
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, &c., as folloivs :

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

CITY ORDINANCES. 207

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

[Passed January 30, I860.]

208 CITY ORDINANCES.

[No. 65.]

An " Ordinance in addition to an Ordinance establish-
ing the office of Commissioner of Streets, and defin-
ing the duties thereof"

Be it ordcdnecl, &c., as foUoivs :

Sect. 1. The Commissioner of Streets, shall, on the
last Monday of June, September, December and March,
in each year, make and render to the City Council, a
report containing a statement of the expenses of his
department during the three months next preceding
such report, specifying therein, as near as may be, the
amounts expended on different streets, also sidewalks,
the number of feet of edge-stones laid, the number of
yards of paving, and the cost of the same, and such
other information as he may consider desirable. The
December report shall have subjoined thereto, a sched-
ule in detail of the property under his charge belong-
ing to the city.

Sect. 2. So much of the Ordinance to which this
Ordinance is in addition, as is inconsistent herewith, is
hereby repealed.

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

[Passed April 9, I860.]

[No. G6.]

An Ordinance concerning Main Drains and Common

Sewers.

Be it ordained, &c., as follows :

Sect. 1. The Mayor and Aldermen shall lay, make,
maintain and repair, all main drains and common
sewers which shall be ordered by the City Council.

CITY ORDINANCES. 209

Sect. 2. All common sewers shall be laid, as nearly
as practicable, in the centre of the streets through
which they pass. They shall be built of such materi-
als and dimensions as the Mayor and Aldermen may
direct, and when the same is advisable, they shall be
of suf3S.cient size to be entered and cleaned without re-
moving the pavement or earth above.

Sect. 3. During the month of July in the present
year, and at the commencement of each municipal
year hereafter, there shall be chosen by ballot a Joint
Standing Committee on Common Sewers, to consist of
two Aldermen and five members of the Common Coun-
cil, to which Committee all petitions for sewers shall
be referred, the Mayor for the time being shall be ex-
officio a member of said Committee.

Sect. 4. All particular drains which shall hereafter
enter into any common sewer, shall be built of such
materials, dimensions and descriptions, and with such
descent and in such manner as the Mayor and Alder-
men shall direct, and they shall be at all times subject
to be enlarged or otherwise altered by the Mayor and
Aldermen, as in their judgment the public health or
convenience may require.

Sect. 5. The Mayor and Aldermen shall have power
to cause every owner of land adjoining any street
through which a common sewer shall be laid, or his
agent or tenant, to make a suf&cient drain from his
house or lot into the said sewer,, whenever in their
opinion the same shall be necessary, and shall there-
upon give such owner, agent or tenant, notice in wri-
ting, specifying the time within which such drain shall
be completed, and in case the said owner, agent, or
tenant, shall neglect to complete the same within the

27

210 CITY ORDINANCES.

time specified, the Mayor and Aldermen shall cause the
same to be done, and shall recover the whole amount
of the expense thereof, together with ten per cent,
damages, by action to be brought in the name of the
City of Roxbury, before any court proper to try the
same. Provided, hoivever, that in no case shall the ten
per cent., claimed by way of damage, exceed the sum
of twenty dollars.

Sect. 6. It shall be lawful for all persons having
the care of buildings, at their own expense, to carry the
rain water from the roofs of said buildings into any
common sewer, free of any charge from the City, pro-
vided the same be done by tight water-spouts, and
brick or stone drains or metal tubes under ground,
and under the direction of the Mayor and Aldermen.

Sect. 7. Every person entering his or her particu-
lar drain into any common sewer without a permit in
writing from the Mayor and Aldermen or Superintend-
ent of Common Sewers, hereinafter mentioned, shall
forfeit and pay the sum of twenty dollars, and shall
also be liable to pay all such damage, by way of indem-
nification, as the Mayor and Aldermen shall deem just
and reasonable. And all such persons to whom such
permits shall be granted, shall pay therefor such sum
of money, not less than ten dollars, as the Mayor and
Aldermen may determine.

Sect. 8. There shall be chosen in the month of July
of the present year, and hereafter at the commence-
ment of each municipal year, by the concurrent vote
of the City Council, (to be first acted upon by the
Mayor and Aldermen) an able and discreet person to
be styled Superintendent of Common Sewers, who shall
hold his office at the pleasure of the City Council, and

CITY ORDINANCES. 211

shall receive such compensation as said Council shall
determine, and any vacancy in said office may at any
time be filled in the manner before mentioned.

Sect. 9. The said Superintendent, whenever any
common sewer is ordered to be built or repaired, shall
ascertain its depth, breadth, mode of construction and
general direction and the plan thereof, and insert the
same, with all those particulars, in a book to be kept
for that purpose, and forthwith ascertain and insert on
said plan all entries made, or which are desired to be
made, into such sewer.

Sect. 10. The said Superintendent shall keep an
accurate account of the expense of constructing and
repairing each common sewer, and shall report the
same to the Mayor and Aldermen, together with a list
of estates adjoining the street where said sewer is situ-
ated and deriving benefit therefrom, and a description
of such estates and the names of the owners thereof

Sect. 11. It shall be the duty of the Msljoy and
Aldermen, in making assessments for defraying the ex-
pense of constructing or repairing main drains or com-
mon sewers, to deduct from the expense such part as
they may deem expedient to be charged to, and paid
by the city, and to apportion and assess the remainder
thereof upon the persons and estates receiving benefit
from such main drains or common sewers, either by
the entry of their particular drains therein, or by any
more remote means, agreeably to existing laws.

Sect. 12. The said Superintendent shall enter, in
books to be kept for that purpose, all such assessments
made by the Mayor and Aldermen, and shall forthwith
make out bills for the same, and deliver them to the
City Treasurer for collection, and the said Treasurer

212 CITY ORDINANCES.

shall forthwith demand payment in writing of said
bills, in the manner prescribed b}'" law, and in case any
bills or dues under this Ordinance shall remain unpaid
at the expiration of three months after demand for
payment as aforesaid, the said Treasurer shall cause
the same to be collected by a resort to the proper legal
process.

Sect. 13. This Ordinance shall take effect from and
after its passage.

[Passed July 23, I860.]

[No. 67.]

An Ordinance regulating the Steam Fire Engine and
Horse Hose Company.

Be it ordained, &c., as foUoivs :

Sect. 1. The Steam Fire Engine Company shall
consist of an Engineer, Fireman, and Driver, in con-
nection with a hose carriage for use of same, to which
a driver shall be attached, said four being permanently
employed, and shall receive their pay monthly, and
who shall at all times be in or about the house, and
ten hosemen, whose term of service shall continue for
periods of six months each, all of whom shall be ap-
proved by the Board of Aldermen.

The number of hosemen may be increased from
time to time as the Board of Aldermen may determine.
One of the hosemen, to be so designated by the Board
of Engineers, shall be known as Foreman.

Sect. 2. The Engineer shall have the sole charge
of the engine house, and under the direction of the

CITY ORDIISrANCES. 213

Board of Engineers, all the property therein belonging
to the city. He shall be held personally responsible
for the care and good order of the engine, and see that
it is at all times in condition for immediate use. He
shall be accountable for the proper performance of all
duties required of the firemen and drivers of the re-
spective companies, and, in case of any neglect on their
part, shall report the same to the Chief Engineer.
The fireman shall be under the immediate direction of
the Engineer, and shall j)erform all duties that may be
required of him on the engine and in the house, in-
cluding the hose, and such other duties as are required
of the stewards of hand engines and hose companies, as
now provided in general fire Ordinance No. 34, section
17th, of this city.

The drivers of engine and hose company, when at
the engine house, shall be under the immediate direc-
tion of the Engineer, and shall take care of, and prop-
erly groom the horses belonging to the engine and
hose company, shall keep the house and stable at all
times neat and tidy, shall assist the fireman in the per-
formance of his duty, and perform such other duties
appertaining to the Fire Department as may be re-
quired of them by the Engineer, also keeping the sev-
eral reservoirs of the city free from all obstructions
under the direction of the Chief Engineer or Assistants.

Sect. 3. The foreman of the hose company shall, at
fires, direct the placing of the engine at a suitable
place to obtain a supply of water, have charge of the
suction and leading hose, perform the duties required
of a Clerk to a hose company, receiving such pay,
for both offices, as designated by Board of Aldermen.
The hosemen, under his direction, shall perform such

214 CITY ORDINANCES.

duties as are required of suction and leading hosemen
of hand engines and hose companies, receiving such
pay as is now paid to such hosemen of leading hose.

Sect. 4. The Engineer, fireman, drivers, and fore-
man, and the several members regularly appointed,
of engine and hose company, shall, when on duty, wear
such badges or insignia as the Board of Aldermen
shall direct, to be furnished at the expense of the city,
and no other persons shall be permitted to wear the
same except under such restrictions and regulations as
the Board of Aldermen may direct.

Sect. 6. All other rules and regulations for this
particular branch of the department, shall be enforced
the same as now regulating Ordinance No. 34, for the
Fire Department of this city.

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

[Passed December 11, I860.]

[No. 68.]

An Ordinance to repeal Ordinance No. 50, entitled
" An Ordinance to appropriate annually a certain
amount of the moneys raised by Taxation towards
a reduction of the City Debt."

Be it ordained, &c., as follows :

That Ordinance No. 50, passed June 14, A. D.,
1858, be and the same is hereby repealed.

[Passed April 26, 1861.]

CITY ORDINANCES. 115

[No. 69.]

An Ordinance relative to Hackney Carriages.

Be it ordained, &c., as foUoius :

Sect. 1. Every stage coach, cab, chariot, coachee,
barouche, landau, or other vehicle whether on wheels
or runners, drawn by one or more horses or other ani-
mal power, which shall be used in the City of Roxbury
for the conveyance of persons for hire from place to
place within said city, shall be deemed a hackney car-
riage within the meaning of this Ordinance.

Sect. 2. No person shall set up, use, or drive in the
City of Roxbury, any hackney carriage for the con-
veyance of persons for hire from-'place to place within
said city, without a license for such carriage, from the
Board of Aldermen, under a penalty of not less than
five nor more than twenty dollars every time such car-
riao;e is used.

Sect. 3. The Board of Aldermen will from time to
time grant licenses to such persons being owners or
lessees of a hackney carriage, and upon such terras as
they may deem expedient, to set up, use or drive
hackney carriages for the conveyance of persons for
hire from place to place within the city, and they Ynay
revoke such licenses at their discretion ; and a record
of all licenses so granted shall be kept by the City
Marshal.

Sect. 4. For every license so granted there shall be
paid to the City Marshal for the use of the city, the
sum of one dollar ; and he shall pay over the same to
the City Treasurer.

Sect. 5. All licenses granted as aforesaid, shall ex-
pire on the first day of July next, after the date there-

216 CITY ORDINANCES.

of, and no license shall be sold, assigned or transferred
without the consent of the Board of Aldermen, en-
dorsed thereon by the City Marshal.

Sect. 6. The person in whose name a license is
taken out for a hackney carriage, shall, for all the pur-
poses of this Ordinance, be considered as the owner of
the same, and liable to all forfeitures and penalties
herein contained ; unless upon the sale of the said car-
riage, notice be given to the City Marshal, and the
license delivered to him.

Sect. 7. Any person who may be licensed as afore-
said, either as owner or driver of any hackney carriage,
who shall continue to use any such carriage, and shall
neglect or refuse to take out and pay for his license
within thirty days after notice that the same has been
granted, shall be liable to a fine of not less than one
dollar and not more than twenty dollars for each and
every day thereafter that he or they shall so refuse or
neglect to take out said license.

Sect. 8. Hackney carriages shall be marked and
numbered in the manner following, viz, : every hack,
or landau, shall be marked on the outside and upon
each side on the sill or rocker immediately below the
door, with the number of the license with white, gilded
or plated figures in the Arabic characters, of not less
than one and a half inches in size on a dark ground, or
with a dark figure of the same kind and size upon a
light ground, and no other figure or device within four
inches of the same. Stage coaches shall be numbered
in like manner on the top rail of the doors. Omni-
buses shall be numbered in like manner on the lower
panel of the door. Cabs shall be numbered in like
manner on the centre of the top panel of the door.

CITY ORDINANCES. 217

immediately below the glass. Every hackney carriage
when driven or used in the night time, shall have fixed
upon some conspicuous part of the outside thereof,
two lighted lamps with plain glass fronts and sides, and
having the number of the license of such hackney
carriage in figures of at least one and a half inches in
size, of the like character painted with black paint
upon the sides and front of each of said lamps in such
a manner that the same may be distinctly seen and
known when the same may be standing or driving.
The name of the owner and driver and the number of
the license, together with the rate of fare, shall be
printed on a card and placed in all hackney carriages
in the most conspicuous place for the information of
passengers. And if any owner or driver of any hack-
ney carriage shall use, or drive any such carriage, or
permit the same to be used or driven without comply-
ing with the foregoing requisitions, or use or drive, or
permit to be used or driven any such carriage in the
night time without its lamps being lighted and num-
bered as aforesaid, said owner and driver shall be liable
to a fine of not less than two nor more than twenty
dollars for each ofience.

Sect. 9. No owner or driver of any hackney car-
riage shall use or suffer such carriage to be used with
any other number upon the same than that assigned
by the Board of Aldermen ; nor with such number
placed on any other part of such carriage than that
designated in the preceding section, under a penalty of
not less than five nor more than twenty dollars every
time such carriage is used.

Sect. 10. No owner, driver, or 6ther person having
charge of any licensed hackney carriage shall leave such

28

218 CITY ORDINANCES.

carriage and horses when harnessed in any street^
square, lane, alley, or public place, unless in the care of
some suitable person, under a penalty of not less than
one nor more than twenty dollars for every such of-
fence.

Sect. 11, No owner, driver, or other person having
charge of any hackney carriage shall stand with such
carriage in any street, square, lane, alley, or public
place within the city to be employed, other than the
stand assigned by the Board of Aldermen, to such car-
riage, under a penalty of not less than two nor more
than twenty dollars for each offence.

Sect. 12. No owner, driver, or other person having
charge of any hackney carriage shall stop his carriage
abreast of any other carriage in any street, square, alley,
lane, or public place, so as to obstruct the same or the
sidewalk, flagstone or crossing thereof, under a penalty
of not less than two nor more than twenty dollars for
each ojBfence.

Sect. 13. Every driver, owner, or other person hav-
ing charge of any hackney carriage which has a license
and a stand as aforesaid, shall, when in waiting at a
railroad station, or driving from a railroad station, wear
a badge on his hat or cap, with the number of his car-
riage thereon, in brass, or plated figures of not less
than one inch in size, and so placed that the same may
be distinctly seen and read, under a penalty of not less
than two nor more than twenty dollars for each offence.

Sect. 14. No hackney carriage used for the con-
veyance of passengers shall be driven by a minor, un-
less he be specially licensed by the Board of Aldermen,
under a penalty of not less than two nor more than
twenty dollars for each offence.

CITY ORDINANCES. 219

Sect. 15. The prices or rates of fare to be taken by
or paid to the owner, driver, or other person having
charge of any hackney carriage, except omnibuses and
hacks, shall be as follows, that is to say, for carrying one
or more adult passengers from one place to another
within the city proper, thirty cents, except between
the hours of eleven o'clock, P. M., and five o'clock,
A. M., when the rate of fare shall be fifty cents each.
The prices or rates of fare to be taken by or paid to
the owner, or driver, or other person having charge of
any hack, shall be as follows : for carrying one or more
adult passengers from one place to another within the
city proper, thirty-five cents, except between the hours
of eleven, P. M., and five o'clock, A. M., when the rate
of fare shall be fifty cents each ; for children between
four and twelve years of age, one half of the above
sums, and for children under four years of age, when
accompanied by an adult, no charge is to be made.
Every owner, driver, or other person having charge of
any hackney carriage, shall carry with each passenger
in addition to one trunk, a valise, a saddle-bag, carpet-
bag, portmanteau, box, bundle, basket, or other article
used in travelling, if he be requested so to do, without
charge or compensation therefor ; but for every addi-
tional trunk or other such article as the above named
more than one, he shall be entitled to demand and re-
ceive the sum of five cents. No owner, driver, or
other person having charge of a hackney carriage or
hack shall demand or receive from any passenger any
higher or greater price or rate of fare than that estab-
lished by this section, under a penalty of not less than
ten nor more than twenty dollars for each offence, and
he shall forfeit his license.

220 CITY ORDINANCES.

Sect. 16. Any Ordinance and parts of any Ordi-
nance inconsistent herewith are hereby repealed ; and
this Ordinance shall take efifect from and after its pas-
sage and publication according to law in such cases
made and provided.

[Passed June 23, 1862.]

[No. 70.]

An Ordinance in relation to Truant Children and Ab-
sentees from School.

Be it ordained, &c., as follotvs :

Sect. 1. Any minor in said city who shall be guilty
of being an habitual truant, or any child who shall be
guilty of wandering about in the streets or public
places of the City of Roxbury, having no lawful occu-
pation or business, of not attending school and of
growing up in ignorance, between the ages of seven
and sixteen years, shall, upon conviction thereof, be
punished by a fine not exceeding twenty dollars, or
instead thereof, by being committed to the Almshouse
of said City of Roxbury and situated therein, at the
discretion of the Judge of the Police Court of said city
having jurisdiction of the case, for such time as said
Judge may determine, not exceeding two years : Pro-
vided, Jioivever, that any minor, or child convicted of
either of the offences herein mentioned, may be dis-
charged by such Judge, according to the provisions of
the General Statutes of this Commonwealth and any
acts in addition thereto.

Sect. 2. The Judge of the Police Court of said city

CITY ORDINANCES. 221

shall have jurisdiction of all the offences herein set
forth. And said Almshouse as aforesaid is hereby as-
signed and provided as the institution of instruction,
house of reformation, or suitable situation, provided
for the purpose of receiving such minors, or children
convicted and committed as aforesaid.

Sect. 3. 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-
lation of this Ordinance to the said Judge having juris-
diction of all the offences herein set forth, and to carry
into execution the judgments of said Judge in con-
formity with the provisions of the General Statutes of
said Commonwealth and any acts in addition thereto.

Sect. 4. The Ordinance entitled "An Ordinance
in relation to Truant Children and Absentees from
School," passed June 2G, 1859, and the Ordinance en-
titled " An Ordinance in relation to Truant Children
and Absentees from School," passed April 21, 1862, are
hereby repealed, and no ordinance which has been
heretofore repealed shall be revived by the repeal
herein contained.

Sect. 5. This Ordinance shall take effect from and
after its passage and approval by the Superior Court,
sitting in any County of the Commonwealth.

[Passed June 23, 1862.]
[Approved by the Superior Court, July 1, 1862.]

222 CITY ORDINANCES.

[No. 71.]

An Ordinance concerning Dealers in Junk, Old Metals
and Second-hand Articles.

Be it ordained, &c., as follows :

Sect. 1. No person shall be a dealer in or keeper
of a shop for the purchase, sale, or barter of junk, old
metals, or second-hand articles in this city, unless he is
duly licensed therefor by the Mayor and Aldermen.

Sect. 2. Every person dealing in said articles or
keeping such a shop, shall keep a book, in which he
shall record at the time of every purchase by him of
either of the articles mentioned in the preceding sec-
tion, a description of the article so purchased, the
name, age, and residence of the person from whom,
and the day and hour when he so received it ; and
that book shall at all times be open to the inspection
of the Mayor or either of the Aldermen, or of any
person by the Mayor and Aldermen authorized to make
such examination.

Sect. 3. No keeper of such shop shall, directly or
indirectly, either purchase, or receive by way of barter
or exchange, any of the articles aforesaid, of any minor
or apprentice, knowing or having reason to believe
him to be such ; and no article purchased by such
shopkeeper shall be sold by him until a period of at
least one week from its purchase or receipt by him
shall have elapsed.

Sect. 4. Every keeper of such shop shall put in
some suitable and conspicuous jolace on his shop, a
sign, having his name and occupation legibly inscribed
thereon in large letters. And every such shop and all
articles of merchandise therein may be examined at

CITY ORDINANCES. 223

any time by the Mayor or either of the Aldermen or
by any person by the Mayor and Aldermen authorized
to make such examination.

Sect. 5. No keeper of such shop shall have the
same open for the transaction of business except du-
ring the time between the rising and the setting of the
sun each week day.

Sect. 6. All licenses granted under this Ordinance
shall designate the place where the person licensed
may carry on his business ; and he shall not engage in
or carry on his business under his license in any other
place than the one so designated.

Sect. 7. Any person offending against either of the
provisions of this Ordinance shall forfeit a sum not
exceeding twenty dollars for each offence.

Sect. 8. All the provisions of this Ordinance shall
be incorporated into every license which shall be grant-
ed under it.

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

[Passed September 15, 1862.]

[No. 72.]

An Ordinance relatina; to Pawnbrokers.

o

Be it ordained, &c., as follotvs :

Sect. 1. No person shall carry on the business of a
pawbroker in this city unless he is duly licensed there-
for by the Mayor and Aldermen.

Sect. 2. Every person carrying on said business
shall keep a book, in which he shall record, at the time

224 CITY ORDINANCES.

of receiving any article as a pawn, a description of the
article so received, the name, age and residence of the
person from whom and the day and hour when he so
received it ; and said book shall at all times be open
to the inspection of the Mayor or either of the Alder-
men, or to any person authorized by the Mayor and
Aldermen to make such examination.

Sect. 3. No pawnbroker shall, directly or indirectly,
receive any article in pawn of any minor or appren-
tice, knowing or having reason to believe him to be
such ; and all articles so taken or held by any pawn-
broker shall be exhibited to the Mayor, or either of
the Aldermen, or to any person authorized by the said
Mayor and Aldermen to make such examination, when-
ever a demand shall be made by them or either of
them for such exhibition.

Sect. 4. All licenses granted under this Ordinance
shall designate the place where the person licensed
may carry on his business ; and he shall not engage in
or carry on his business under his license in any other
place than the one so designated.

Sect. 5. Any person offending against either of the
provisions of this Ordinance shall forfeit a sum not ex-
ceeding fifty dollars for each offence.

Sect. 6. All the provisions of this Ordinance shall
be incorporated into every license which shall be grant-
ed under it.

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

[Passed September 15, 1862.]

CITY ORDINANCES. 225

[No. 73.]

An Ordinance relative to Nuisances, Sources of Filth,
and Causes of Sickness within the City of Roxbury.

Be it ordained, &c., as foUotvs :

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 perform all
the duties prescribed to the City Council as a Board of
Health ; subject onl}^ to any limitations and restrictions
contained in the ordinances, regulations and orders of
the City Council. And it shall be the duty of the Mayor
to see that the laws and ordinances relative to protect-
ing the public health are enforced ; and he shall have
power to call upon the police and the various city offi-
cers to aid him in the performance of these duties.

Sect. 2. The department of internal and external
police, so far as it regards the preservation of the
health of the city, is hereby placed under the superin-
tendence of the City Marshal, whose duty it shall be
and he shall have power to enforce all laws, ordinances,
regulations and orders relating to all causes of sickness,
nuisance and sources of filth existing within the city,
subject always to the direction, authority and control of
the Mayor and Aldermen, and of the Board of Health
for the time being; and he shall perform all services
that may be required of him by the said Boards or
either of them. And he may, under the direction of
the Mayor and Aldermen, or of any Committee of said
Mayor and Aldermen, abate any nuisance, when the
person or persons whose duty it is to abate the same
has been legally notified to abate it and has neglected
so to do, after the time fixed therefor in the notice

29

226 CITY ORDINANCES.

served on said person, or persons. And he shall abate
any nuisance forthwith, under the direction of the
Mayor, when in his judgment the exigency for the im-
mediate abatement thereof is so great, that delay for
the action of the Mayor and Aldermen would be dan-
gerous to the public health.

Sect. 3. 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 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 diseases, and at any and all convenient
times to aid and assist them with their counsel and
advice in all matters that relate to the preservation
of the health of the inhabitants of the City of Roxbury.

Sect. 4. 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 sick-
ness and the source of filth, or that any tenements or
buildings are not furnished with sufficient drains and
privies and suitable vaults according to the provisions
of this Ordinance, the Mayor and Aldermen may there-
upon cause a notice in writing to be served according
to law upon such persons, or any of them, requiring
them to remove from and quit such tenement or other
building, within such time as the said Mayor and Al-
dermen shall deem reasonable. And if the person or
persons so notified, or any of them, shall neglect or re-
fuse to remove from and quit such tenement or build-
ing, within the time mentioned in such notice, the said
Mayor and Aldermen are hereby authorized to cause

CITY ORDINANCES. 227

said person or persons to be forcibly removed from said
tenements or buildings, and such person, or persons,
shall be liable to a penalty for such neglect and refusal,
and also for the expense of their removal. And the
Mayor and Aldermen may cause a notice in writing to
be served upon the owner, or agent, or other person
having charge of any such tenements or buildings, of
the intention of the Mayor and Aldermen to remove
said occupants from said tenements or buildings, and if
said owner, agent or other person having charge of any
such tenements or buildings shall abate such nuisance,
cause of sickness, or source of filth, within the time
prescribed in such notice, then said Mayor and Alder-
men may delay action in the premises.

Sect. 5. Each and every tenement within the City
of Roxbury that is or may hereafter be used as a
dwelling-house, shall be provided with sufficient drain
under ground to carry oJfF 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. And all
vaults or privies shall be so constructed that the in-
side of the same shall be at least two feet distant from
the line of every adjoining lot, unless the owner of said
adjoining lot shall otherwise agree and consent ; and
also two feet distant from any street, lane, alley, court,
square or public place, or private passageway. And
every vault shall be made tight, so that the contents
thereof cannot escape therefrom. And for any offence
against the provisions of this section, the owner or
owners of each and every tenement so used as afore-
said, shall forfeit and pay a sum not less than five dol-

228 CITY ORDINANCES.

lars 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, they may give
notice in writing to the owner, agent, occupant, or per-
son having the care thereof, or in case neither the
owner, agent, or person having the care thereof is an
inhabitant of the City of Roxbury, then public notice
in a newspaper printed in said Roxbury, if any news-
paper be printed therein, if not, in two newspapers
printed in Boston, requiring such owner, agent, occu-
pant or other person, within such time as they shall
appoint, to cause a proper and sufficient privy and
vault and drain, or either of them, to be constructed
for such tenement, or other building ; and in case of
neglect or refusal to obey such notice, the Mayor and
Aldermen, or any Committee thereof, shall have power
to cause such privy, vault and drain to be made for
such tenement or other building, the expense of which
shall be paid by such owner, agent, occupant, or other
person having charge of such houses.

Sect. 7. Whenever any vault, privy or drain shall
become offensive or obstructed, the same shall be
cleansed and made free, and the owner, agent, occu-
pant, or other person having charge of the land in
which any vault, privy or drain may be situated, the
state and condition of which shall be in violation of
the provisions of this Ordinance, shall remove, cleanse,
alter, amend or repair the same within such reasonable
time after notice in writing to that effect given by

CITY ORDINANCES. 229

the City Marshal as shall be expressed in such notice.
In case of neglect or refusal so to do, the City Marshal,
under the direction of the Mayor and Aldermen or any
Committee thereof, may cause the same to be removed,
altered, amended or repaired at the expense of the
owner, agent, occupant or other person as aforesaid,
and such owner, occupant or other person shall also be
liable to such penalties as are prescribed by law, or or-
dinance.

Sect. 8. 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 injurious to the health of the
inhabitants, it shall be their duty and they are author-
ized to cause a notice in writing to be served according
to law upon the owners or occupants thereof, and if
there should be no occupants and the owners should
not reside in the city, then public notice in any news-
paper printed in Roxbury, if any newspaper be printed
therein, if not, in two newspapers printed in Boston,
requiring said owners or occupants to have said nui-
sance, or cause of nuisance removed, by draining, fill-
ing up or otherwise, as may be prescribed in said no-
tice j and in case of neglect or refusal to obey such
notice, the Mayor and Aldermen shall have power to
cause the same to be removed by filling up, draining or
otherwise, as they shall deem expedient ; and the City
Marshal shall proceed forthwith under the direction of
the Mayor and Aldermen, or any Committee thereof,
to abate such nuisance in such manner as shall be pre-
scribed, and said owners or occupants shall defray and
pay all the expense thereof, and shall also be liable to
such penalties as are prescribed by law, or ordinance.

230 CITY ORDINANCES.

Sect. 9. Said City Marshal shall keep a record of all
his proceedings under this Ordinance, and shall enter
in books to be kept for that purpose, all expenses
caused by the abatement of nuisances and work done
in relation thereto under this Ordinance, or under any
regulations, orders and ordinances and laws relative to
the public health. And he shall make out bills for the
same against the person or persons liable by law to
pay the same, and shall deliver said bills to the City
Treasurer for collection. And the said Treasurer shall
forthwith demand payment of said bills ; and in case
any bills, dues, or assessment of expense under this
ordinance shall remain unpaid at the expiration of
three months after demand for payment as aforesaid,
the said Treasurer shall cause the same to be collected
by a resort to the proper legal process. If at any time
the Mayor shall be satisfied that the interests of the
city require it, he may cause legal proceedings to be
had at any time before the expiration of said three
months after demand as aforesaid.

Sect. 10. No person or persons, without leave of
the Mayor, shall throw or deposit, or cause to be thrown
or deposited in any street, court, square, lane, alley,
wharf, public square, or vacant lot, or into any pond,
creek, or river, any dirt, sawdust, soot, ashes, cinders,
shavings, hair, shreds, manure, oyster, lobster or clam
shells, waste water, rubbish or filth of any kind, or any
animal or vegetable matter or substance whatever.
Nor shall any person or persons throw, or cast any
dead animal, or any foul or offensive ballast into any
dock or 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.

CITY ORDIaSTANCES. 231

Sect. 11. If any of the substances in the prececHng
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 jolace or
vacant lot, as well the owner of such house or other
place whence the same shall have been thrown or car-
ried, as the occupant thereof and the person who actu-
ally threw or carried the same, or who caused the same
to be thrown, carried or left, 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 car-
ried, within two hours after personal notice in writing
to that effect given by the Mayor and Aldermen, or
City Marshal.

Sect. 12. All dirt, sawdust, soot, ashes, cinders, shav-
ings, hair, shreds, manure, oyster, lobster or clam shells,
waste water, or any animal or vegetable substance, rub-
bish or filth of any kind in any house, warehouse, cel-
lar, yard or other place, which the Mayor and Alder-
men shall deem it necessary for the health of the city
to be removed, shall be carried away therefrom by, and
at the expense of the owner or occupant of such house
or other place where the same shall be found, within
twenty-four hours after notice in writing to that ef-
fect, given by the Mayor and Aldermen, or City Mar-
shal.

Sect. 13. 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-

232 CITY ORDINANCES.

ion, or any meat which has been blown, raised, or
stuffed, or any diseased, or measly pork.

Sect. 14. 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. 15. The City Marshal, or any person author-
ized by the Mayor, or any of the regular police of the
City of Roxbury authorized by the City Marshal, shall
and may at any time between sunrise and sunset, enter
into any building within the city for the purpose of
examining into, destroying, removing, or preventing
any nuisance, source of filth, or cause of sickness there-
in, or in any cellar belonging thereto. And if any
person shall refuse to admit such officer or other per-
son so authorized into said building, ^the City Marshal
shall make complaint according to the'statute in such
case made and provided, and shall thereupon proceed
according to law to examine such building or other
place, and to destroy, remove, or prevent any nuisance,
source of filth, or cause of sickness that may be found
there, in such manner as the Mayor and Aldermen
shall direct. And the said City Marshal, or other per-
son authorized as aforesaid, shall and may at any time
between sunrise and sunset, enter into any yard, or lot
of ground, or into any out-house and examine any alley,
sink, cesspool, j)rivy, 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 ma}^ require to be cleansed, altered or amended.

Sect. 16. Any person offending against any of the
provisions of this Ordinance to which a particular pen-
alty is not annexed and in relation to which a penalty
is not prescribed by the laws of the Commonwealth,

CITY ORDINANCES. 233

shall forfeit and pay a sum not less than five dollars
nor more than twenty dollars for each offence.

Sect. 17. The Ordinance No. 14, entitled " An Or-
dinance prescribing Rules and Regulations relative to
Nuisances, sources of Filth and causes of Sickness with-
in the City of Roxbury," and the Ordinance No. 36,
entitled " An Ordinance in addition to an Ordinance
prescribing Rules and Regulations relative to Nuisan-
ces, sources of Filth and causes of Sickness within the
City of Roxbury," and the Ordinance No. 59, entitled
" 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 Rox-
bury," and all parts of Ordinances inconsistent with
this Ordinance are hereby repealed.

Sect. 18. This Ordinance shall take effect from and
after its passage.

[Passed November 15, 1862.]

[No. 74.]

An Ordinance in an addition to an Ordinance, entitled
" An Ordinance to prevent Unlawful and Injurious
Practices in the Streets and other public places of
the City."

Be it ordained, &e., as follows :

Sect. 1. Any person having a license from the
Mayor and Aldermen of the City of Roxbury, in ac-
cordance with the provisions of section twenty-five of
the Ordinance to which this Ordinance is in addition,
to blast any rock or other substance with gunpowder,

30

234 CITY ORDINANCES.

at any place within the city, who shall, either by him-
self, his servant, or agent, or by any person in his em-
ploy, violate any of the terms or conditions upon which
the license as aforesaid shall be granted, shall forfeit
and pay, for each and every offence, a sum not less
than ten dollars nor more than twenty dollars.

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

[Passed June 29, 1863.]

RULES RESPECTING GUNPOWDER. 235

RULES RESPECTING GUNPOWDER.

Rules and Regulations made and established by the
Board of Aldermen of the City of Roxbury, relative
to the Sale, Storage, Safe-keeping and Transporta-
tion of Gunpowder in said City, in conformity with
a law of this Commonwealth, made and passed on
the twenty-first day of April, A. D. 1848.

Sect. 1. No ship or other vessel, on board of which
Gunpowder shall be laden, shall lie at any wharf in the
City of Roxbury, nor within two hundred yards of any
wharf or landing place, except as hereinafter provided.

Sect. 2. No gunpowder shall be landed at any
wharf, quay, or place, in said city, without a written
permit from one or more Engineers of the Fire De-
partment. But in no case shall powder be allowed to
remain on a wharf, for a longer time than is necessary
for its removal.

Sect. 3. All boats employed in the conveyance of
gunpowder, shall be examined and approved by the
Chief Engineer, and shall have displayed at the stern
or bow, a red flag, so long as there is any gunpowder
on board. And all powder so conveyed, shall be cov-
ered over with canvas or other suitable covering.

Sect. 4. Gunpowder in any quantity, (not exceed-
ing six quarter casks,) may be put on board of any
vessel lying at any wharf in the City of Roxbury, from
any approved powder boat, according to the foregoing
section, provided that no vessel shall remain at the
wharf more than three hours, nor shall such vessel be
allowed to ground or remain after sunset with powder

236 RULES RESPECTING GUNPOWDER.

on board. And it shall be the duty of all dealers to
deliver the captain a copy of this section, at their own
expense, at the time the powder is shipped.

Sect. 5. No gunpowder shall be conveyed through
the city, in any other than a carriage closely covered
with leather or canvas, and without any iron or steel
on any part thereof, such carriage first having been ap-
proved by the Chief Engineer, and marked on each
side, in capitals, with the words, "Approved Powder
Carriage," excepting, however, that a quantity not ex-
ceeding in the whole four quarter casks, of twenty-five
pounds each, may be transported through, or removed
in this city, and shall be in tight casks, each of which
shall be put into a strong leather bag, closely tied, on
which bag shall be legibly marked the word " Gun-
powder," and shall so remain in said bags, whilst with-
in the bounds of the city. And in no case shall pow-
der so carried, be suffered to remain on board any
vehicle for a longer time than is necessary for its re-
moval.

Sect. 6. Gunpowder in any quantity may be con-
veyed through the city, for shipment, when ice renders
it impossible to put it on board from boats, provided a
special permit is obtained from one or more Engineers,
one of whom shall personally superintend the convey-
ance and shipment of the same ; and provided also,
that the vehicle used to convey the same shall be lined
at the bottom and sides with leather, so as to prevent
the escape of any particle of powder, and shall be en-
tirely covered with canvas to prevent the possibility of
any fire or sparks communicating with the same ; and
provided also, that no vessel shall remain at the wharf
more than three hours, nor shall such vessel be allowed

RULES RESPECTING GUNPOWDER. 23T

to ground or remain after sunset, with powder on
board.

Sect. 7. Licenses will be granted, on application to
the Mayor and Aldermen, for which five dollars shall
be paid, and one dollar for each renewal ; and all per-
sons so licensed, shall be required to sign these rules
and regulations kept in a book for that purpose.

Sect. 8. Any person or firm, who may be licensed
to sell gunpowder by retail, shall be allowed to have
on hand thirty pounds at any one time, and no more,
which shall always be kept in tin or copper canisters,
which shall always be kept in a copper, tin or zinc
chest approved by the Chief Engineer, which shall al-
ways be kept within eight feet of the door, over which
the sign provided in Article 11th is placed, and notice
shall at once be given to the Board of Engineers, by
the person or firm licensed as aforesaid, which side of
the door the said tin or zinc chest is to be kept.

Sect. 9. Any person or firm, who may be licensed
to sell gunpowder by wholesale, shall be allowed to
have on hand a quantity not exceeding, at any one
time, four quarter casks, of twenty-five pounds each,
which shall be deposited in a copper chest, with two
handles, and a tight cover furnished with hinges, and
secured with a padlock, all of copper, which shall be
always kept locked, except when opened to put in or
take out powder, which shall always be done in as lit-
tle time as shall be consistent with proper care, and
placed on the lower floor, at the right side of and with-
in six feet of the principal door or entrance from the
street, over which the sign provided in Article 11th, is
placed, and such chest shall not be kept in any other
part of the building, unless by permission, which shall

238 RULES RESPECTING GUNPOWDER.

be expressed in such license. Each cask so deposited,
shall be kept in a leather bag, closely tied, and under
no circumstances shall a cask of powder be allowed
to be opened by any person or firm holding such
license.

Sect. 10. Any person or firm, who shall be licensed
to sell by " wholesale or retail," shall be allowed to
keep on hand three quarter casks of gunpowder, at
any one time, of twenty-five pounds each and no more,
which shall always be deposited and kept as provided
in section 9th ; provided, however, that such person or
firm may be allowed to keep on hand, in addition to
the above, such quantity as is required for retailing,
which shall not exceed, at any one time, twenty-five
pounds, which shall be kept in tin or copper canisters,
with a top or cover fastened thereto, which canister
shall always be kept in the copper chest, together with
the abovenamed three quarter casks.

Sect. 11. Every person or firm, licensed to sell gun-
powder, shall have and keep a sign-board placed over
the outside of the door or principal entrance from the
street, of the building in which such powder is kept,
on which shall be painted in capitals, the words, —
" Licensed to Keep and Sell Gunpowder."

Sect. 12. No gunpowder shall be kept otherwise
than as before provided for licensed dealers, at any
place within the city, except in Williams' Magazine in
South Bay, and such other places as shall be from time
to time designated, and which are hereby established
as places of deposit for gunpowder.

Sect. 13. The Chief Engineer will visit and inspect
the said Magazine, whenever he shall deem it expedi-
ent so to do ; and will make a report of its condition

RULES RESPECTINa GUNPOWDER. 239

to the Board of Aldermen, on the last Monday in De-
cember annually.

Sect. 14. The City Clerk shall keep a record of all
licenses granted, and renewals thereof, and of the place
designated for keeping and selling gunpowder, which
place shall not be altered or changed, unless by con-
sent of the Board of Aldermen, which shall be express-
ed in their license ; and all persons who may receive a
license, shall sign their names, respectively, to these
rules and regulations, as evidence of their assent to,
and obligation faithfully to comply with, and perform
the same.

Sect. 15. It shall be the duty of the Police to note
all violations of the foregoing Rules and Regulations,
and report the same to the Chief Engineer.

[Adopted by the Board of Aldermen, July 27, 1863.]

€it2 d Ito^iitrj.

RULES A^D ORDERS

BOARD OF ALDERMEiS^.

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-

31

242 Rules and Orders of the Board of Aldermen.

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

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

IV. Standing Committees shall be appointed on the
Police of the City, on Licenses, on Bills and Accounts
presented for payment, and on enrolment; each of
said Committees to consist of three members.

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

YI. 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 COFKCIL.

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 jf^ro
temijore 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

244 Rules and Orders of the Common Council,

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

Sect. 4. He shall rise to address the Council, or to
put a question, but may read sitting.

Sect. 5. The President may call any member to the
chair; provided such substitution shall not continue
longer than one evening. When the Council shall de-
termine to go into Committee of the Whole, the Presi-
dent shall appoint the member who shall take the
chair. The President may express his 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 b}'' 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 Roxhury^ for 1863. 245

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 noiv he put .^"
— and all debate upon the main question shall be sus-
pended until the previous question shall be decided.
After the adoption of the previous question, the sense
of the Council shall forthwith be taken upon amend-
ments reported by a committee, upon pending amend-
ments, and then upon the main question.

Sect. 13. On the previous question, no member
shall speak more than once without leave ; and all inci-
dental questions of order, arising after a motion is made
for the previous question, shall be decided without de-
bate, except on appeal ; and on such appeal, no mem-
ber shall be allowed to speak more than once without
leave of the Council.

Sect. 14. When two or more members happen to
rise at once, the President shall name the member who
is first to speak.

Sect. 15. All Committees shall be appointed and
announced by the President, except such as the Coun-
cil determine to elect by ballot; and it shall be in
order for any member to move that the President be
appointed on any Committee.

246 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 sat-
isfaction.

Sect. 19. No member shall speak more than twice
to the same question, 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 City of Roxlury, for 1863. 247

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 notice
being given of the motion therefor, nor unless a major-
ity 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.

248 Rules and Orders of the Common Council^

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

Of Communications, Committees, Reports and Resolutions.

Sect. 30. All memorials and other papers addressed
to the Council shall be presented by the President, or
by a member in his place, who shall explain the sub-
ject thereof; and they shall lie on the table, to be taken
up in the order in which they are presented, unless
the Council shall otherwise direct. And every mem-
ber presenting a petition, remonstrance, order, resolu-
tion, or other paper, shall endorse his name thereon,
with a brief statement of the nature and object of the
instrument.

Sect. 31. Standing Committees of this Council shall
be appointed on the following subjects, viz. : — On Elec-
tion and Keturns, and on Enrolled Ordinances and
Eesolutions, each to consist of three members.

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

Sect. 33. The rules of proceedings in Council shall
be observed in Committee of the Whole, so far as they
may be applicable, excepting the rules limiting the
time of speaking ; but no member shall speak twice to
any question, until every member choosing to speak
shall have spoken.

Sect. 34. "When Committees of the Council, chosen
by ballot, or Committees consisting of one member
from each Ward, have been appointed or elected,
whether joint or otherwise, the first meeting thereof
shall be notified by the Clerk, by direction of the Pres-
ident, and they shall organize by the choice of Chair-

In the City of Roxhury^ for 1863. 249

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 a|)point a Chairman
pro tem.

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 deftermined 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 or 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-

32

250 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 provided for that purpose by the
Clerk; and it shall be the duty of the Clerk to attend
the meetings of said Committees, and make said 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 accordinsj to " Cushinoc'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, two
Aldermen, and five members of the Common Comicil.

A Committee on Accounts, to consist of two Alder-
men, and three members of the Common Council.

A Committee on Sewerage,io consist of the Mayor, two
Aldermen, and five members of the Common Council,

And the following Committees shall be ajopointed, viz. :

A Committee on Public Proj^erti/, to consist of three
members of the Board of Mayor and Aldei'men, 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.

A Committee on Claims, to consist of three Alder-
men, and five members of the Common Council, who

252 Joint Rules and Orders of the Oity Council.

shall have full power and authority to investigate all
claims against the City, and to take any measures for
the defence of such claims that they may deem expe-
dient, and also under the advice of the Ma3^or, to adjust
and settle all claims not exceeding the sum of $100.

A Committe 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 Military Affairs, to consist of the
Mayor, two Aldermen, and five members of the Com-
mon 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 three members
of the Board of Mayor and Aldermen, and five 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 Parks and Squares, to consist of the
Mayor, two Aldermen, and five members of the Com-
mon Council.

A Committee on Watering Streets, to consist of two
members of the Board of Mayor and Aldermen, and
three members of the Common Council.

On all Joint Committees wherein it is provided that
the Mayor shall be a member, in case of the non-elec-
tion, 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 Aldermen and of

Joint Rules and Orders of the Qity Council. 253

the Common Council, who shall constitute the Joint
Standing Committees, shall be chosen or appointed by
their respective Boards.

The member of the Board of Aldermen first named
in every Joint Committee, of which the Mayor is not
a 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.

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, any 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 con-
venient, and state to each other, either verbally or in
writing, as either shall choose, the reasons of the re-
spective 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 immediate no-
tice thereof to the other branch by written message.

Sect. 4. All by-laws passed by the City Council,

254 Joint Rules and Orders of the City Council.

shall be termed Okdinances ; and the enacting style
shall be, — " Be it ordained by the City Council of the City
of Roxhury.'"

Sect. 6. 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 f
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-
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. No member of the City Council shall re-
ceive compensation for services rendered the City, un-
less by direct vote of the City Council.

Sect. 10. 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. 11. 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 re-
quest of the respective Chairmen thereof

Joint Rules and Orders of the City Council. 255

Sect. 12. 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. 13. The titles of all Ordinances and Joint
Resolutions shall be prefixed upon their introduction.

Sect. 14. Every Ordinance shall have as many
readings in each Board as the rules of each Board re-
quire, after which the question shall be on passing the
same to be enrolled ; and when the same shall have
passed to be enrolled, it shall be sent to the other
Board for concurrence ; and when such Ordinance
shall have so passed to be enrolled in each Board, the
same shall be enrolled by the Clerk of the Common
Council, and examined by a Committee of that Board ;
and on being found by said Committee to be truly and
correctly enrolled, the same shall be reported to the
Council, when the question shall be on passing the
same to be ordained, and when said Ordinance shall
have so passed to be ordained, it shall be signed by the
President of the Common Council, and sent to the
other Board, when a like examination shall be made
by a Committee of that Board, and if found correctly
enrolled, the same shall be reported to the Board, and
the question shall be on passing the same to be or-
dained ; and when the same shall have passed to be or-
dained, it shall be signed by the Mayor.

Sect. 15. 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

256 Joint Rules and Orders of the City Council.

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. 16. No enrolled Ordinance shall be amended.

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 further time.

Sect. 18. Either Board may propose to the other,
for its concurrence, a time to which both Boards will
adjourn.

Sect. 19. No business shall be transacted by the
City Council in convention, except such as shall have
been previously agreed upon.

Sect. 20. After the annual appropriations shall have
been passed, no subsequent expenditure shall be 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 authorizing
the same, pass by the affirmative votes of two-thirds of
the whole number of each branch of the City Council,
voting by yea and nay.

Sect. 21. No vote, by which an order, resolve or
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 motion
for reconsideration be made, or notice given at the same
meeting at which the vote to be reconsidered passed.

1ST 5T0RY.

MAYORS 0FF1C€ I |\^ X ^^

■ I j VESTIBULE j ^ ^

i

ENTRANCE.

L.J

MAYOR & ALBERJUAN'S
Ll' ROOM.

2ND STORY.

JHBUFFOHDSLITH.Sia WASHi:r"'A Sr. BOSTON

aOVERNMlENT

CITY OF ROXBURY,

18 63.

MAYOR.

GEORGE LEWIS,

Highland Street.
[Salary $1500, Charter, Sect. 7.]

ALDERMEN.

SAMUEL LITTLE, . . . Washington Street, At Large,

IVORY HARMON, . . . Greenville Street, "

PHINEAS B. SMITH, . . Marcella Street, "

JAMES E. ADAMS, . . . Mall Street, Ward 1.

GIDEON B. RICHMOND, . Franklin Place, " 2.

WILLIAM R. HUSTON, . Dudley Street, " 3.

MOSES H. DAY, .... Cross Street, "4.

JOHN H. LESTER, . . . Greenville Street, " 5.

258

CITY OFFICERS.

COMMON COUNCIL.

EOLAND WORTHINGTON, President.

Hawthobn Street.

Wakd 1.

L. Foster Morse,
Edward Meyers,
Michael W. Dolan, .
Eoger Drury, .

Zeigler Street,
Adams Street,
Adams Street,
Adams Street.

Ward 2.

Alvin M. Eobbins,
Square G. Brooks,
Thomas P. Sweat,
George Onion,

Williams Place,
Auburn Street,
Tremont Street,
Winslow Place.

Wakd 3.

John McElroy,
Horace H. White,
Patrick H. Eogers,
James C. Eagan,

Clay Street,
Oakland Place,
Smith Street,
Tremont Street.

Ward 4.

eoland worthington,
Henry N. Farwell, .
George Putnam, Jr.,
Francis W. Welch, .

Hawthorn Street,
Edinboro' Street,
Highland Street,
Lambert Avenue.

Ward 5.

Franklin Curtis,
Nathaniel 0. Hart,
John F. Newton,
William C. Harding,

Waverlj Street,
Moreland Street,
Moreland Street,
Warren Street.

CITY OTFICERS

259

JOINT STANDING COMMITTEES OP THE CITY COUNCIL.

ON FINANCE.

The Major.

Aldermen
Little,
Lester.

Aldermen
Little,
Daj.

The Mayor.

Aldermen
Smith,
Harmon.

Aldermen
Little,
Richmond,
Harmon,

The Major.

Aldermen
Lester,
Little.

Common Council.
Messrs. Newton,
Brooks,
Morse,
Farwell,
White.

ON ACCOUNTS.

Common Council.
Messrs. Onion,
Curtis,
Welch.

ON SEWERAGE.

Common Council.
Messrs. Sweat,
Putnam,
Mejers,
Rogers,
Hart.

ON PUBLIC PROPERTY.

Common Council.
Messrs. Robbins,
Hart,
Morse,
Farwell,
McElroj.

ON PUBLIC INSTRUCTION.

Common Council.
Messrs. Worthington, ex off.
Putnam,
Newton,
Brooks,
Harding.

260

CITY OFFICERS.

ON

POOR AND

ALMSHOUSE.

The Mayor.

Common Council.

Alderman

Messrs. McElroy,

Smith.

Broots,
Drury.

ON FUEL.

Aldermen

Common Council.

Harmon,

Messrs. Newton,

Lester.

Curtis,
Meyers.

ON CLAIMS.

Aldermen

Common Council.

Lester,

Messrs. Curtis,

Richmond,

Robbins,

Day.

Dolan,

Putnam,

White.

ON STREETS.

The Mayor.

Common Council

Aldermen

Messrs. Robbins,

Richmond,

Curtis,

Smith.

Welch,
Dolan,
Rogers.

(

DN FIRE DEPARTMENT.

Aldermen

Common Council

Huston,

Messrs. Morse,

Harmon,

McElroy,

Adams.

Sweat,
Welch,
Hart.

CITY OFPICERS.

261

ON BURIAL GROUNDS.

The Mayor.
Aldermen
Harmon,

Lester.

Common Council.
Messrs. Sweat,
Curtis,
Eagan,
Welch,
Drurj.

ON LAMPS.

Aldermen
Smith,
Huston,
Adams.

Common Council.
Messrs. Newton,
Onion,
White,
Eagan,
Drurj.

Aldermen
Day,
Huston.

ON PRINTING.

Common Council.
Messrs. Farwell,
Newton,
White.

ON PARKS ARD SQUARES.

The Mayor.

Aldermen

Richmond,
Adams.

Common Council.
Messrs. Brooks,
Harding,
Welch,
Meyers,
Rogers.

262

CITY OFFICiERS.

ON MILITARY AFFAIRS.

The Major.

Common Council

Aldermen

Messrs. Worthingtc

Little J

Morse,

Day.

White,

Onion,

Harding.

ON WATERING STREETS.

Aldermen

Common Council

Huston,

Messrs. Newton,

Adams.

Sweat,

Putnam.

STANDING COMMITTEES OF THE BOARD OF ALDERMEN.

ON POLICE.

Aldermen Adams, Little and Huston.

ON LICENSES.

Aldermen Smith, Harmon and Day.

ON BILLS AND ACCOUNTS PRESENTED FOR PAYMENT.

Aldermen Lester, Little and Adams.

ON ENROLMENT.

Aldermen Richmond, Smith and Day.

STANDING COMMITTEES OF THE COMMON COUNCIL

ON ELECTIONS.

. Messrs. Brooks, Eagan and Dolan.

ON ENROLLED ORDINANCES.

Messrs. McEIroy, Harding and Farwell.

CITY OFFICERS. 263

CITY CLERK AND CLERK OF BOARD OF ALDERMEN.

JOSEPH W. TUCKER, Lambert Street.

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

CLERK OF COMMON COUNCIL.
JOSHUA SEAVER, Sumner Place.

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

CITY MESSENGER.

WILLIAM N. FELTON, Zeigler Street.

[Salary $600. Chosen by concurrent vote in April. Ordinance, No. .5.]

George Lewis,
Samuel Little,
Ivor J Harmon,
Phineas B. Smith,
James E. Adams,

SURVEYORS OF HIGHWAYS.

[Ordinance No. 3, Sect. 1.]

Gideon B. Richmond,
William R. Huston,
Moses H. Day,

John H. Lester.

COMMISSIONER OF STREETS.

Moses H. Webber, Webster Street.

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

Moses H. Webber, Webster Street.

[Salary $100.]

264 CITY OPPICERS.

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.

John W. Parker, Clerh, Washington Street.

[Appointed by the Treasurer. Pay, $3 per diem.]

ASSESSORS.

John S. Sleeper, Joshua Seaver, William H. Mcintosh.

[Eeceive $400 each, and $100 for Clerk hire. Chosen by City Council, in Con-
vention, in April. Charter, sections 8 and 11. J

ASSISTANT ASSESSORS.

Wardl. Elliot Trask,

2. William Seaver,

3. Henry WilUs,

Ward 4. Daniel W. Glidden,
5. John J. Merrill.

OVERSEERS OF THE POOR.

The Mayor, ex officio^ Chairman.

Ward 1. William Manning,

2. Ira Allen,

3. John Gallagher,

Ward 4. George Curtis,
6. Joseph B. Young.

Joshua Seaver, Agent.

[Office over Nelson Worthen's Store, Washington Street.]

THE ALMSHOUSE.

Ezra Young, Superintendent.

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

John S. Flint, M. D., Physician, Bartlett Street.

[Salary $200. Appointed by the Overseers of the Poor.]

CITY OFFICERS. 265

CEMETERY AT FOREST HILLS.

BOAKD OF COMMISSIONERS.

[Elected by the City Council. See Act, p. 31]

Term expires.

E. W. Bumstead, 1864

George Lewis, ....... 1865

Francis C. Head, 1866

Alvah Kittredge, 1867

William J. Eejnolds, 1868

Alvah Kittredge, Chairman.
Francis C. Head, Secretary.
Joseph W. Dudley, Treasurer.
Joseph W. Tucker, Register.
Oliver Moulton, Superintendent.

HARBOR MASTER.

Franklin Winchester, Eaton Street.

[Salary $100. Appointed in April. Ordinance No. .58.]

FIRE DEPARTMENT.

[Ordinance No. 34.]
CHIEF ENGINEER.

James Munroe, Webber Street.

[Salary $400.]
ASSISTANT engineers.

1. Robert Simpson,

2. John Culligin,

3. Phineas D. Allen,

4. John J. Brooks.

[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.]

34

266

CITY OFFICERS.

DEAKBORN STEAM ENGINE. Centre Street.

George L. Smith, Engineer, ..... $660

George F. Worcester, Fireman, .... 640

George W. Downs, Driver, . . . . . .640

Charles A. Vose, Driver of Hose Carriage, . . 640

Francis Swift, Foreman of Hose and Clerk, ... 80

FOREMEN OF ENGINES.

Warren Co. No. 1. Dudley, corner Warren Street.
Thomas Brinnon.

Torrent Co. No. 6. Eustis Street.
Jere. M. Mullane.

Tremont Co. No. 7. Ruggles Street.
Peter M. McKenna.

WasJiington Hooh and Ladder Co. Dudley, cor. Warren Street.
Heney C. Allen.

CocJdtuate Hose Co. Culvert Street.
Thomas A. Scott.

TABLE OF THE PAT OP THE OFFICEKS AND MEMBERS.

Name of Engine.

0

a

S

£
o

53
O

No. of Men,
exclusive of
Officers.

2

Warren, No. 1,

Torrent, No. 6,

$80
80
80
80
80

$70
70
70
60
55

$100

100

100

80

80

38
38
38
18
10

$36
36
36

Hook and Ladder Company, . . .
Cochituate Hose Company, ....

36

66

The members of the Engine Companies are appointed by the Mayor and Al-
dermen. Their compensation is determined by the City Council.

CITY OFPICEKS. 267

CITY SOLICITOR.

John W. May, corner of Oak and Edinboro' Streets.

[Salary $500. Chosen by concurreut vote, in February. Ordinance No. 43.]

HEALTH DEPARTMENT.

BOARD OF HEALTH.
[Charter, Sect. 13. Ordinance No. 36.]

The Major and Aldermen.

CONSULTING PHYSICIANS.

Charles M. Windship, M. D.
Horatio G. Morse, M. D.
Ira Allen, M. D.

[Chosen by concurrent vote 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.
[Ordinance No. 12.]

John C. Seaver, corner of Union and Short Streets.

UNDERTAKER.

Joseph S. Waterman, 5 Edinboro' Street.

268 CITY OFFICERS.

POLICE DEPARTMENT.

POLICECOURT.

STANDING JUSTICE.

Peter S. Wheelock, Bower Street.

[Salary $1500, paid by the State.]
CLERK.

Arial I. CuMMiNGS, Dudley Street.

[Salary $500, paid by the State.]

special justices.
Joshua Seaver, Eben Jones.

CITY marshal.
Benjamin Meriam, Shawmut Avenue.

[Salary 2.75 per diem. Ordinance No. 45. Appointed by the Mayor and

Aldermen.]

ASSISTANT MARSHALS.

Joseph Hubbard,
Hiram A. Campbell,
Hawley Folsom,
Samuel Mcintosh,

Matthew Clark,
Jeremiah M. Swett,
WilHam E. Hicks,
William D. Cook.

[Salary $2.00 per diem ; fixed by the City Council. All fees paid into the City
Treasury. Appointed by the Mayor and Aldermen.]

NIGHT WATCHMEN.

Joseph Parker,
Edward F. Mecuen,
Elbridge G. Cobb,
Joseph Hastings,
Thomas Culligin,

[Pay $2.00 per diem. Appointed by the Mayor and Aldermen.]

James Staniels,
Henry Morse,
George K. Matthews,
George H. Bills,
Ebenezer T. Hitchcock.

CITY OFFICERS.

269

NIGHT WATCHMEN WITHOUT PAY.

Benjamin Meriam,
Joseph Hubbard,
Hiram A. Campbell,
Hawley Folsom,
Samuel Mcintosh,
Matthew Clark,
Jeremiah M. Swett,

William E. Hicks,
WilHam D. Cook,
Moses N. Hubbard,
James Munroe,
Sylvester E. Partridge,
Silas Dole,
William N. Hastings.

CONSTABLES.

Benjamin Meriam,
Henrj L. Ford,
Joseph Parker,
Edward F. Mecuen,
Elbridge G. Cobb,
Joseph Hastings,
Thomas CuUigin,
James Staniels,
Henry Morse,
George R. Matthews,
George H. Bills,
Ebenezer T. Hitchcock,
Phineas B. Smith,

Moses N. Hubbard,
James Munroe,
Sylvester E. Partridge,
Morrill P. Berry,
Joseph Hubbard,
Hiram A. Campbell,
Hawley Folsom,
Samuel Mcintosh,
Matthew Clark,
Jeremiah M. Swett,
William E. Hicks,
William D. Cook,
William H. Wilson.

Lewis F. Whiting,
Silas Dole,

Benjamin Meriam,
Joseph Hubbard,
Hiram A. Campbell,
Hawley Folsom,
William D. Cook.

Thomas Adams,

SPECIAL POLICE.

William N. Hastings,
John Culligin.

TRUANT OFFICERS.

Samuel Mcintosh,
Matthew Clark,
Jeremiah M. Swett,
Wm. E. Hicks.

CORONERS.

Morrill P. Berry,

Ira Allen.

270

CITY OFFICEKS.

SUBORDINATE OFFICERS.

The following officers are first elected by the Mayor and Aldermen, and then
sent to the Common Council for their concurrence. They are paid by fees. See
Ordinance No. 3.

Charles D. Bickford,
Hawley Folsom,
William E. Hicks,
Samuel Mcintosh,
William D. Cook,
Jeremiah M. Swett,
Elbridge G. Cobb,
Edward F. Mecuen,

Moses Gragg,

FIELD DRIVERS.

Matthew Clark,
Thomas CuUigin,
Luke Vila,

Sylvester E. Partridge,
Ebenezer B. Rumrill,
James Staniels,
Ebenezer T. Hitchcock.

FENCE VIEWERS.

David Simpson,

POUND KEEPER.

Thomas M. Cotton.

John Dove.

SEALERS OF LEATHER.

Reuben M. Stackpole, | Joseph W. Winslow.

MEASURERS OF WOOD AND BARK.

Elbridge A. Hovey,
Stephen Faunce,
William Seaver,
Henry Basford,

Francis Freeman,
Stephen Hammond,
Edwin A. Remick.

WEIGHER OF HAY, COAL AND BEEF, AND PUBLIC WEIGHER.

Andrew W. Newman.

SEALER OP WEIGHTS AND MEASURES.

George B. Faunce.

LIQUOR AGENT.

Charles E. Savell.

PUBLIC SCHOOLS.

271

PUBLIC SCHOOLS.

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

John W. Olmstead, Chairman. I Joshua Seaver, Secretary.

Elected at Large.
George Putnam, John S. Sleeper, Franklin Williams.

Elected hy Wards.
Ward 1. — George W. Adams, Wm. H. Hutchinson,
" 2. — Joshua Seaver, Ira Allen.
" 3.— Timothy R. Nute, George M. Hobbs.
" 4. — John W. Olmstead, Jeremiah Plympton.
" 5. — Sylvester Bliss,* Edwin Ray.

standing committees.

Regulations. — Messrs. Sleeper, Hobbs, Adams.

Finance. — Messrs. Sleeper, Seaver, Metcalf.

Accounts. — Messrs. Adams, Seaver, WilUams.

Books. — Messrs. Olmstead (ex off.')., Putnam, Ray, Sleeper,
Nute.

Examination of Primary Scliool Teachers. — Messrs. Olmstead
(ex off.), Adams, Allen, Hutchinson, Plympton.

OF different schools.

Schools.

Location.

Local Committee.

Latin, .....

Mount Vernon Place,

Under Charge of Trustees.

High School, . .

Kenilworth Street,

Ray, Seaver, Metcalf.

Dudley, ....

Kenilworth & Bartlett Sts.,

Metcalf, Putnam, Ray.

Washington, . .

Washington Street,

Nute, Adams, Plympton.

Dearborn, . . .

Dearborn Place,

Williams, Sleeper, Hutchinson.

Comins, ....

Gore Avenue,

Allen, Seaver, Hobbs.

Francis Street, . .

Francis Street,

Plympton, Hobbs, Adams.

* Died March 6, 1863, and. Henry B. Metcalf elected in his place.

272 PUBLIC SCHOOLS

LATIN AND ENGLISH HIGH SCHOOL.

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

PEEFARATORT DEPARTMENT.

Miss Elizabeth Weston, Teacher.

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, iSec'^.
A. C. Thompson,
Theodore Otis,
Samuel P. Blake,

John S. Sleeper,
Joseph S. Ropes,
William S. Leland,
S. C. Thwing,
William C. Appleton.

HIGH SCHOOL — FOR BOTH SEXES.

Samuel M. Weston, Principal.
Sarah A. M. Gushing, ) . . ,
Eunice T. Plumer, )

DUDLEY SCHOOL — FOR GIRLS.

Sarah J. Baker, Principal.
Emmie C. Allen, Assistant.

Teacher of 2d Division, Sarah J. Leavitt ; 3d, Clara B. Tucker ;
4th, Helen J. Otis ; 5th, Eliza Brown.

WASHINGTON SCHOOL — FOR BOYS.

John Kneeland, Principal.
Harriet E. Burrell, Assistant.

Teacher of 2d Division, Ann M. WilHams ; 3d, Delia Mansfield ;
4th, Rebecca A. Jordan ; 5th, Harriet M. Daniell ; 6th, Caroline
C. Drown.

PUBLIC SCHOOLS

273

DEARBORN SCHOOL — BOTH SEXES,

William H. Long, Principal.
Maria L. Tincker, Assistant.

TEACHERS.

Rebecca R. Pettengill,
Sarah S. Adams,
Henrietta M. Young,
Frances L. Bredeen,
Anne M. Backup,
Margaret E. Davis,

Ellen A. Marean,
Caroline J. Nash,
Louisa E. Harris,
Mary G. Hewes,
Louise Litchfield.

COMINS SCHOOL — BOTH SEXES.

Daniel W. Jones, Principal.
Mary C. Eaton, Assistant.

TEACHERS.

Alice C. Pierce,
Elizabeth W. Young,
Sarah M. Vose,
Almira W. Chamberline,
Esther M. Nickerson,
Lizzie A. Morse,

Carrie K. Nickerson,
Charlotte P. Williams,
Sarah A. P. Fernald,
Annie L. Tucker,
Mary E. Munroe.

FRANCIS STREET SCHOOL— BOTH SEXES,
Sophronia F. Wright, Principal.

TEACHER OP MUSIC IN GRAMMAR SCHOOLS.

Charles Butler.

CURATOR OF SCHOOL BUILDINGS.

Jonas Pierce, Jr.

35

274

PUBLIC SCHOOLS

PRIMARY SCHOOLS AND LOCAL COMMITTEES— 1863.

[Each School for hoth Sexes. Salary the first year, $275 ; afterwards, $300.]

TEACHERS.

LOCATION.

COMMITTEES.

No.

1.

2.

3.

4.

6.

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.
41.
42.
43.
44.

Lizzie M. Wood

Anna M. Balch

Susan F. Rowe •-..-•
Huldah R. Clark • • • • •

Mary F. Neal

Emma C. Wales

Mary L. Walker

Elizabeth C. Backup-

Clara M. Adams

Susannah L. Durant-

Eliza J. Goss

Catharine F. Mayall-
Annie G. Fillebrown-

Olive E. Emery

Cornelia J. Bills

Mary C. WiUiams

Sarah J. Davis

Eliza J. Lewis

Emily L. Wilson

Elizabeth H.Hall ••..
Jeanie B. Lawrence- •

Anna M. Eaton

Anna E. Clark

(Vacant)

Sarah W. Holbrook • •

Mary L. Gore

Asenath Nichols

Martha H. Horn

Emily B. Eliot

Henrietta M. Wood- •

Mary A. Morse

Maria L. J. Perry- • • -

Mary F. Drown

Almira B. Russell - • • •
Frances N. Brooks- • •

Maria L. Young

Anne E. Boynton- • • -
Fanny H. C. Bradlee-

(Discontinued)

Sarah H. Hosmer- • • •
Caroline E. Jennison-

Mary C. Bartlett

Susan H. Blaisdell- • •
Mary E. Johnson - • - -

Yeoman Street

Eustis Street

Vernon Street

Sudbury Street

Avon Place

Nute

Mill Dam

Francis Street
Heath Stx-eet
Smith Street

a

Hobbs

Olmstead

Hobbs

Heath Place

Allen

U 11

a

it ii

a

Orange Street

u a

Plympton

Centre Street

Olmstead

Edinboro' Street

Putnam

Munroe Street
Winthrop Street

Plympton
Ray

Elm Street

u a

Sleeper

Alms-IIouse
George Street -

Hutchinson

a

Tremont Street

u

Allen

Adams

Metcalf

Williams

Seaver

CITY OFFICERS.

275

WARD OFFICERS.

Waed 1.

Warden.
James Munroe.

ClerJc.
Samuel G. Curtis.

Warden.
Joshua Seaver.

ClerJc.
Anthony B. Shaw.

Warden.
Francis Freeman.

Clerk.
Isaac P. Clark.

Warden.
John R. Withington.

Clerk.
Henry H. Page.

Warden.
Dudley Hubbard.

Clerk.
Frederick M. Briggs.

Inspectors.
John J. Fox,
Joseph T. Ryan,
Jeremiah Mulane.

Ward 2.

Inspectors.
George C. Burgess,
George Richards,
Henry E. Lingham.

Ward 3.

Inspectors.
James H. Curley,
John Cleary,
Patrick Dolan.

Ward 4.

Inspectors.
Phineas B. Smith, Jr.,
James W. Garcia,
Geo. K. Saville.

Ward 5.

Inspectors.
Mitchell Leavitt,
William H. Hill, Jr.
Henry Harmon.

276 WARDS.

WARDS,

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.

WARDS. 277

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
Brookline, Roxbury and West Roxbury.

WARD 5. Beginning at the Roxbury and Dorchester line
on Eustis Street ; thence on the westerly side of said street to
Dudley Street ; thence on the southerly side of said street to
Norfolk and Bristol Turnpike ; thence on the easterly side of
said turnpike to Seaver Street ; thence on the northerly side of
Seaver Street to Brush Hill Turnpike ; thence in a direct line to
Dorchester hne.

WARD ROOMS.

Ward 1. Primary School House, Eustis Street.

" 2. Vestry Tremont Baptist Church, Ruggles Street.

" 3. Ward Room, Putnam Street.

" 4. Engine House, Centre Street.

" 5. School House, Winthrop Street.

INSTRUCTIONS FOR WARD OFFICERS.

OF COUNTING VOTES.

1. Eesults 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.

Results of
elections,
how deter-
mined.
Stat. 1856,
ch. 157, § 1.

Same sub-
ject. Ibid,
§2.

6. Whole number of ballots.

7. Same subject.

OF KEEPING WARD RECOKDS.

1 . Clerk to keep the records.

2. Warrant and return to be cop-

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

Eflfect of Plu-
rality law.

OF COUNTING VOTES.

1. In order to determine the result of any election of
any civil officer or officers of this Commonwealth, the
whole number of persons who voted at such election shall
first be ascertained, by counting the whole number of
separate ballots given in, and the person or persons who
shall receive the highest number of votes shall be deemed
and declared to be elected ; and in all returns of 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
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,
in this Commonwealth, the difficulties which formerly

INSTRUCTIONS EOR WARD OFPICERS. 279

existed in determining the result of an election have been ^^ ^^^^^.__
almost entirely removed. Errors in regard to the Avhole "u^bl^of'
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.

4. When an office is to be filled by but one person, when an of-
as (jovernor, Lieutenant uovernor, Register of Deeds , fiHed by one

person, &c.

County Treasurer, Mayor, Warden, Ward Clerk, &c.,
the whole number of ballots may be ascertained, cor-
rectly, after counting the votes for each candidate, b?/
adding together all the votes cast for each candidate for
the same office.

5. When an office is to be filled by more than one when anof-
person. as Senators, Representatives, County Commis- fiued t>y

1C1 • ^ r^ • ' All more than

sioners, and fepecial Commissioners, Aldermen, Common one person,
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.

6. The object of the law in ascertainino; the whole ^^o^e num-

, „ , , . her of bal-

number of ballots, is to ascertain the whole number of i°'^-
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-

280: i INSTRUCTIONS FOE WARD OFFICERS.

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.
Same sub- 7. But if a persou votes for Representatives only^ that
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-
' oilmen, nor Inspectors of Elections, &c., as frequently
happens where the tickets are taken as the ballots.

OF KEEPING WARD RECORDS.

Clerk to !• It is the Clerk's duty to keep the records, and

liecords! they should be signed by him alone, and not by the

Warden and Inspectors.
Warrant 2. The Warrant calling the meeting, and the officer's

and return ^ -, -\ -i c -i

to be copied rotum thercou, should be first copied on the book, and

and certi-
fied, certified as true copies. The record should then pro-
ceed in this form, varied to meet the circumstances of
the case : —

Eecord of " Pursuaut to the foregoing warrant, the inhabitants

mee mg. ^^ "^^ard No. — , qualified to vote as the law directs, as-
sembled at the time and place and for the purposes
therein expressed.

Pous opened " At — o'clock, A. M., the warrant calling the meet-
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.

Polls closed. " At — o'clock, P. M., the polls were closed, and the
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 ;

INSTRUCTIONS FOR WARD OFFICERS.

281

" The whole number of ballots for Senators was

E. F. had ;

G. H. had ;"

. Election ia
' all the
Wards.

(^And so on through the whole list. When the election
is determined hy each Ward alone., as Common Council-
men, Warden, Inspectors, and Ward Clerk, the record
should be made thus ;)

" The whole number of ballots for Common Council- ■^'^'',*'°w*''i

single VVarcl.

men was :

A. B. had
C. D. had
E. F. had
G. H. had

And they are elected.

M. N. had :

0. P. had ;

(^And so on through the list.')

" The state of the ballots, as sorted, counted and re- vote
corded as above in open Ward meeting, was declared to
the meeting by the Warden.

" The meeting was then dissolved.

" A true record.

Meeting
dissolved.

X. Y. Z., Ward Clerhr

Clerk's
attestation.

36

282

MODES OF APPOINTMENT OF CITY OFFICERS.

MODES AND TIMES OF APPOmTME:NT

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, 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 — Concurrent vote of both

branches of the City Council, . . . Mayor June.

City Messenger — Concurrent vote, first elected

by the Mayor and xildermen, . . . 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.

TAXES. 283

TAXES.

The amount of Taxes assessed on the Real and Personal
Estates in the Citj of Roxbuiy, 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

284 TAXES.

1860.

Valuation of Real Estate, .... $9,560,800.00
Valuation of Personal Estate, . . . 4,152,000.00

$13,712,800.00

At $6.20 per $1,000, is ... . $85,019.36

No. of Polls 4,125, at 1.50 each, is . . 6,187.50

Total Tax for 1850, .... $91,206.86

18 51.*

Valuation of Real Estate, . ' . . . $9,649,600.00
Valuation of Personal Estate, . . . 4,283,600.00

$13,933,200.00

At $6.60 per $1,000, is ... . $91,959.12

No. of Polls 4,223, at $1.50 each, is . . 6,334.50

Total Tax for 1851, .... $98,293.62

1852.

Valuation of Real Estate, .... $8,786,400.00
Valuation of Personal Estate, . . . 3,148,800.00

$11,935,200.00

At $6.40 per $1,000, is .... $76,385.28

No. of Polls 3,440, at $1.50 each, is . . 5,160.00

Total Tax for 1852, .... $81,545.28

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

TAXES. 285

1853

Valuation of Real Estate, .... $9,070,800.00
Valuation of Personal Estate, . . . 3,361,800.00

$12,432,600.00

At $7.70 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

286

TAXES

1856

Valuation of Real Estate,
Valuation of Personal Estate,

At $9.00 per $1,000, is .

No of Polls 4,118, at $] .50 each, is

Total Tax for 1856, .

$11,594,400.00
5,066,000.00

$16,660,400.00

$149,943.60
6,177.00

$156,120.60

1857.

Valuation of Real Estate,
Valuation of Personal Estate,

At $10.00 per $1,000, is . .
No of Polls 4,152, at $1.50 each, is

Total Tax for 1857,

18 58

Valuation of Real Estate, .
Valuation of Personal Estate,

At $9.50 per $1,000, is .

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

Total Tax for 1858, .

$11,923,600.00
5,403,400.00

$17,327,000.00

$173,270.00
6,228.00

$179,498.00

$12,404,000.00
5,064,800.00

$17,468,800.00

$165,953.60
7,380.36

$173,333.96

TAXES. 287

1859

Valuation of Real Estate, .... $14,578,800.00
Valuation of Personal Estate, . . . 5,147,400.00

$19,726,200.00

At $9.20 per $1,000, is ... . $181,481,04

No. of Polls 4,592, at $1.50 each, is . . 5,188.00

Total Tax for 1859, . . . . $188,369.04

1860.

Valuation of Real Estate, .... $15,302,600.00
Valuation of Personal Estate, . . . 5,246,200.00

$20,548,800.00

At $10.00 per $1,000, is ... . $205,488.00

No. of Polls 5,099, at tl.50 each, is . . • 7,648.50

Total Tax for 1860, .... $213,136.50

1861.

Valuation of Real Estate, .... $15,666,400.00
Valuation of Personal Estate, . . . 5,185,800.00

$20,852,200.00

At $10.00 per $1,000, is .... $208,522.00

No. of Polls 5,080, at $1.50 each, is . . 7,620.00

Total Tax for 1861, .... $216,142.00

288

TAXES. — VALUATION OP ESTATES.

1862.
Valuation of Real Estate, .
Valuation of Personal Estate,

At $12.00 per $1,000, is .

No. of Polls 4,719, at $2.00 each, is

Total Tax for 1862, .

$15,569,400.00
5,121,200.00

$20,690,600.00

248,287.20
9,438.00

257,725.20

VALUATION OF ESTATES, AND NUMBEE OF POLLS IN
EOXBUEY, FEOM 1836 to 1862.

1836

$5,582,400

1,883

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

8,833

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

4,592

1860

20,548,800

5,099

1861

20,852,000

5,080

1862

20,690,600

4,719

* West Koxbury set off, 1851.

CITY DEBT. — SCHOOLS.

289

CITY DEBT FOR THE SEVERAL YEARS SINCE THE INCOR-

PORATI

ON OF

THE C

;iTY.

1846
1847
1848
1849
1850
1851

Febi

•uary 1

3t, .

$22,776.75
27,609.98
29,443.31
39,973.65
56,976.65
48,476.65

1852

140,387.05

1853

186,810.40

1854
1855

181,110.40
209,263.95

1856

254,865.95

1857
1858

246,040.95
257,340.95

1859

280,240.95

1860
1861

410,975.00
613,490.00

1862

721,215.00

1863

831,065.00

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

Year.

Teachers' Pay, Fuel,
and Contingencies.

New School Houses.

Total.

1846

$17,104.01

$8,887.96

$27,991.97

1847

20,555.23

7,953.37

28,508.60

1848

24,422.69

20,916.54

45,338.13

1849

25,480.00

4,198.59

29,578.39

1850

26,177.86

3,660.55

29,738.41

1851

21,976.32

15,013.31

36,989.63

1852

24,709.61

7,949.24

32,658.85

1853

26,391.51

3,899.12

30,290.63

1854

30,284.69

26,802.92

57,087.61

1855

32,616.68

6,239.07

38,855.75

1856

36,266.58

5,309.16

41,575.74

1857

39,223.53

10,851.46

60,074.99

1858

38,670.81

9,679.65

48,350.46

1859

43,386.44

19,347.31

62,733.75

1860

49,010.68

36,542.78

85,553.46

1861

48,507.52

48,507.52

1862

45,921.47

45,921.47

290 SUPPORT OP POOR. — FIRE DEPARTMENT.

AMOUNT PAID FOR SUPPORT OF POOR — NET COST.

Tear.

Average No. inmates.

Whole No. admitted.

Net Cost,

1846 . . .120

410

^5,586.15.

1847

187

762

9,751.95

1848

242

710

6,052.40

1849

216

627

9,207.40

1850

240

628

8,229.08

1851

227

630

8,478.96

1852

185

507

6,737.49

1853

155

356

7,227.14

1854

52

292

7,776.21

1855

25

90

4,543.92

1856

25

112

5,491.64

1857

25

228

6,064.50

1858

25

407

5,547.72

1859

30

363

7,525.36

1860

36

344

9,694.19

1861

. 45

547

8,829.16

1862

55

250

9,212.61

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 subse-
quently allowed by the Legislature.

AMOUNT PAID FIRE DEPARTMENT, PAY OF MEMBERS,
BUILDING ENGINES, HOUSES, REPAIRS, &c.

Year.

Reservoirs.

Fire Department.

Total.

1846

$1,299.00

$5,941.12

$7,240.12

1847

2,090.00

6,685.79

8,725.29

1848

1,993.81

5,493.06

7,468.87

1849

1,271.47

5,869.14

7,140.61

1850

912.44

5,407.76

6,320.20

1851

6,618.99

6,618.99

1852

670.77

7,634.54

8,305.31

1853

1,747.33

8,232.33

9,979.66

1854

8,681.84

8,681.84

1855

1,593.49

10,655.08

12,248.57

1856

258.56

12,203.13

12,461.69

1857

3,014.20

12,597.64

15,611.84

1858

43.97

19,123.46

19,167.43

1859

1,700.00

16,530.78

18,230.78

1860

1,355.32

21,800.31

23,155.63

1861

2,502.16

15,367.72

17,869.68

1862

1,200.00

14,549.61

15,749.61

HIGHWAYS. — POLICE AND WATCH, ETC. 291

AMOUNT PAID FOR EEPAIES OF HTGHWAYS.

1846

$7,750.83

1847

9,853.38

1848

10,029.93

1849

12,015.06

1850

12,129.46

1851

9,698.58

1852

19,364.30

1853

15,537.45

1854

18,608.96

1855

29,080.96

1856

20,370.12

1857

27,178.06

1858

21,089.60

1859

38,493.13

1860

66,489.43

1861

65,823.50

1862

32,329.61

AlklOUNT PAID FOR POLICE AND WATCH.

1846 S2,363.96

1847

3,965.65

1848

4,408.41

1849

5,004.08

1850

4,075.89

1851

3,427.27

1852

4,271.30

1853

4,419.75

1854

5,370.68

1855

7,817.60

1856

9,290.88

1857

13,052.35

1858

13,746.89

1859

16,502.55

1860

16,723.15

1861

15,396.69

1862

16,088.61

AMOUNT PAIE

FOR SQUARES

AND SEWERS.

1861, Squares, . $9,243.48

1862, Madison Sq., $8,967.43

Sewers,

. If

),944.

64

^

5ewers, 4,302.22

292

LAMPS. — POPULATION OF ROXBURY.

AMOUNT PAID FOE LAMPS.

1846

$849.06

1847

935.94

1848

899.01

1849

1,094.75

1850

1,221.18

1851

1,362.63

1852

2,431.47

1853

•

3,243.14

1854

2,592.75

1855

11,469.66

1856

8,551.78

1857 .

12,105.71

1858

11,281.08

1859

10,517.58

1860

11,378.78

1861

13,656.55

1862

11,752.68

POPULATION OF ROXBUHY AT DIFFEKENT 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

1860

. 25,138

* Including West Eoxbury.

CATALOGUE

OF THE

^otenmmt 0! % Cilg flf JiMkrg,

FROM ITS

INSTITUTION IN 1846 TO 1863.

294 PAST MEMBERS OE 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.
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.

Shaw, President.

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

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

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

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

TREASURER.

Joseph W. Dudley.

CITY CLERK.

Joseph W. Tucker.

CLERK OF COMMON COUNCIL.

Joshua Seaver.

PAST MEMBERS OF THE CITY GOVERNMENT.

295

1847.

MAYOR.

HENRY ALEXANDER SCAMMEL DEARBORN.

ALDERMEN.

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

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

COMMON COUNCIL.

Linus B. Comins, President.

Wakd 1.

Ward 5.

Daniel Jackson,
Sylvester Bowman,
Simeon Litchfield.

Linus B. Comins,
Samuel Weld,
Thomas Lord.

Ward 2.

Ward 6.

A. G. Parker,

George S. Griggs,
Esdras Lord.

George James,
Frankhn Fearing,
George H. Williams.

Ward 3.

Ward 7.

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

John Dove,
Anson Dexter,
James E. Forbush.

Ward 4.

Ward 8.

Alvah Kittredge,
Joseph N. Brewer,
Nathaniel Mayhew.

Ebenezer Dudley,
Chauncy Jordan,
George Brown.

TREASURER.

Joseph W. Dudley.

CITY CLERK.

Joseph TV

\ Tucker.

CLERK OF COMMON COUNCIL.

Joshua Seaver.

296 PAST MEMBERS OF THE CITY GOVERNMENT.

1848.
MAYOR.

HENRY ALEXANDER SCAMMEL DEARBORN.

ALDERMEN

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

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

COMMON COUNCIL

Linus B.

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

Ward 2.
A. G. Parker,
George S. Griggs,
Esdras Lord.

Ward 3.
William J. Reynolds,
WiUiam G. Eaton,
WiUiam A. Crafts.

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

Comins, President.

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. 297

1849.

MAYOR.

HENRY ALEXANDER SCAMMEL DEARBORN.

ALDERMEN.

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

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

COMMON COUNCIL.

William A,

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

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

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

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

Crafts, President.

AVard 5.
Stephen Hammond,
Samuel Walker,
A. D. WiUiams, 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.

298 PAST MEMBERS OP 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,
Wilham Mackintosh,
Daniel Jackson.

COMMON COUNCIL.

William A.
Ward 1.
Allen Putnam,
James Monroe,
*Sylvester Bowman.

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

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

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

Crafts, President.

Ward 5.
A. D. Williams, Jr.
Hiram Hall,
Robert W. Parker.

Ward 6.
James 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.

'"Resigned, and Jobu Tarkcr was elected to fill vacaupy.

PAST MEMBERS OP THE CITY GOVERNMENT. 299

1851.

MAYOR.

*HENRY ALEXANDER SCAMMEL DEARBORN.

ALDERMEN

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

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

COMMON COUNCIL.

William A. Crafts, President.

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

Wakd 2.
Thatcher Sweat,
Uriah T. Brownell,
William 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.

*Med July 29, 1851, at Portland, Me. Samuel Walker eleeted by the City Council to fill
the vacancy.

aoo

PAST MEMBERS OP THE CITY GOVERNMENT.

18 5 2.

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, FresidenL

Ward 1.

Simeon Litchjfield,
John Parker,
Daniel P. LTpton,
George J. Lord.

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

Charles Hickling,
William S. Leland,

Ward S.
William Gaston,
True Russell,
John W. Parker,
Calvin B. Eaunce.

Ward 4.
George Lewis,
Joseph N. Brewer,
Frederick Guild,
George Davenport.

Ward 5.

William D. Adams,
Isaac S. Burrell.

treasurer.
Joseph W. Dudley.

CITY CLERK.

Joseph W. Tucker.

CLERK OF COMMON COUNCIL.

Joshua Seaver.

PAST MEMBERS OF THE CITY GOVERNMEJiTT.

301

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. Chadwick.

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

Wilham S. Leland,
William D. Adams,

Wabd 5.

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

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

Isaac S. Burrell,
William B. May.

treasurer.
Joseph W. Dudley.

CITY CLERK.

Joseph W. Tucker.

CLERK OP COMMOlSr COUNCIL.

Joshua Seaver.

302

PAST MEMBERS OF THE CITY GOVERNMENT.

1854.

MAYOR.

LINUS BACON COMINS.

ALDERMEN.

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

George J. Lord,
Eobert W. Ames,
Calvin B. Faunce,
Benjamin Perkins.

COMMON COUNCIL.

James M. Keith, President.

Wbkd 1.
Franklin Williams,
Joseph H. Chadwick,
Joseph G. Torrej,
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 Band,
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 COUiS^CIL.

Joshua Seaver.

PAST MEMBERS OF THE CITY GOVERNMENT.

303

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

1855.

MAYOR.

JAMES RITCHIE.

ALDERMEN

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

COMMON COUNCIL.

W^iLLiAM Ellison, President.

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. Noyes.

Henry P. Shed,
Joseph W. Bobbins,

Ward 3.
Bobert Simpson,
Bobert W. Molineux,
WilHam B. Huston,
Joseph H. Swain.

Ward 4.
Samuel A. Shurtleff,
WilHam Ellison,
Ebenezer W. Bumstead,
Clark I. Gorham.

Ward 5.

John W. Wolcott,
James W. Cushing.

treasurer.
Joseph W. Dudley.

CITY CLERK.

Joseph W. Tucker.

CLERK OF COMMOX COUNCIL.

Joshua Seaver.

im

PAST MEMBEES OP THE CITY GOVERNMENT^

1856.
MAY O'E .

JOHN SHEEBURNE SLEEPER.

ALDEEMEN.

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

George S. Griggs,
Nahum Ward,
Jonathan P. Robinson,
Charles C. Nichols.

COMMON COUNCIL.

John W. May, President.

Ward 1.
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. Cushing,
Robert C. Nichols,

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

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

Ward 5.

John T. Elhs,
Wilham K. Lewis.

TREASURER.

Joseph W. Dudley.

CITY CLERK.

Joseph W. Tucker.

CLERK OF COMMON COUNCIL.

Joshua Seaver.

PAST MEMBERS OF THE CITY GOVERNMENT.

305

185 7.

MAYOR.

JOHN SHERBURNE SLEEPER.

ALDERMEN.

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

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

COMMON COUNCIL.

Henry P. Shed, President,

Ward 1.
Franklin Williams,
William Morse,
Albert Brewer,
George J. Lord.

Ward 2.
Alvin M. Bobbins,
William P. Fowle,
Thomas L. D. Perkins,
Phineas Colburn.

Henry P. Shed,
Robert C. Nichols,

Ward 3.
John W. May,
Alfred G. Hall,
Samuel Little,
John Bowdlear.

Ward 4.
John R. Hall,
Samuel A. Shurtleff,
William Graham,
James A. Tower.

Ward 5.

William Barton,
William K. Lewis.

treasurer.
Joseph W. Dudley.

CITY CLERK.

Joseph W. Tucker.

CLERK OF COMMON COUNCIL.

Joshua Seaver.

39

306

PAST MEMBERS OP THE CITY GOVERNMENT.

1858.
MAYOR.

JOHN SHERBURNE SLEEPER.

George Lewis,
William S. Leland,
John C. Clapp,
Samuel Pearson,

ALDERMEN.

Benjamin S. Noyes,
Uriah T. Brownell,
Samuel A. Shurtleff,
Ivory Harmon.

COMMON COUNCIL.

Henry P. Shed, President.

Wakd 1.

William Morse,
Albert Brewer,
Ebenezer Ryerson,
Chester M. Gay.

Ward 2.
William P. Fowle,
Gideon B. Richmond,
Thatcher F. Sweat,
Albert Batchelder.

Henry P. Shed,
Robert C. Nichols,

Ward 5.

Ward 3.
Alfred G. Hall,
Patrick H. Rogers,
Thomas J. Mayall,
John M. Way.

Ward 4.
John R. Hall,
William Graham,
James A. Tower,
Hartley E. Woodbridge.

Ebenezer W. Bumstead,
William Barton.

treasurer.
Joseph W. Dudley.

CITY CLERK.

Joseph W. Tucker.

CLERK OF COMMON COUNCIL.

Franklin Williams.

PAST MEMBERS OF THE CITY GOVERNMENT.

307

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

18 5 9.

MAYOR.

THEODORE OTIS.

ALDERMEN,

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

COMMON COUNCIL.

Ebenezer W. Bumstead, President.

Weed 1.
William Morse,
Allen Putnam,
Benjamin F. Campbell,
Asa Wyman.

Ward 2,
Gideon B. Richmond,
Albert Batchelder,
John M. Marston,
Thatcher F. Sweat.

Ward 3.
Alfred G. Hall,
Patrick H. Rogers,
WilUam H. Ward,
Malcom McLaughlin.

Ward 4.
John R. Hall,
Hartley E. Woodbridge,
John H. Bufford,
Francis Freeman.

Ward 5.

Ebenezer W. Bumstead,
Thomas Farmer,

John T. Ellis,
John Dove.

treasurer.
Joseph W. Dudley.

CITY CLERK.

Joseph W. Tucker.

CLERK OF COMMON COUNCIL.

Franklin Williams.

dm

PAST MEMBERS OF THE CITY GOVERNMENT.

1860.

MAYOR.

THEODORE OTIS.

ALDERMEN.

William B. May,
Joshua B. Fowle,
Jerahmeel C. Pratt,
William Curtis,

Gideon B. Richmond,
John C. Clapp,
Alonzo W. Folsom,
George Frost.

COMMON COUNCIL.

Ebenezer W. Bumsteab, President.
Ward 1. Ward 3.

Benjamin F. Campbell,
Asa Wyman,
L. Foster Morse,
Charles Stanwood.

Ward 2.
Thatcher F. Sweat,
John M. Marston,
Albert Batchelder,
Edward Lang, Jr.

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.

Franklin Williams.

PAST MEMBERS OF THE CITY GOVERNMENT.

309

1861.

MAYOR.

WILLIAM GASTON.

ALDERMEN.

Samuel Little,
Isaac S. Burrell,
Jerahmeel C. Pratt,
Charles Stanwood,

Gideon B. Richmond,
Robert Hale,
Samuel C. Cobb,
Ohver J. Curtis.

COMMON COUNCIL.

George B. Faunce, President.

Ward 1.
L. Foster Morse,
Lewis F. Whiting,
Patrick E. Reed,
Thomas C. Norton.

Ward 2.
Thatcher F. Sweat,
James T. Buswell,
Alvin M. Bobbins,
John Stanton.

Ward 3.
George B. Faunce,
Malcom McLaughlin,
John McElroy,
True Russell.

Ward 4.
Henry P. Shed,
Moses H. Day,
Roland Worthington,
Edward Wise.

Ward 5.

Charles D. Swain,
William H. Mcintosh,

David J. Foster,
John F. Newton.

TREASURER.

Joseph W. Dudley.

CITY CLERK.

Joseph W. Tucker.

CLERK OF COMMON COUNCIL.

Joshua Seaver.

310

PAST MEMBERS OF THE CITY GOVERNMENT.

18 62.

MAYOR.

WILLIAM GASTON.

ALDERMEN.

Samuel Little,
Samuel C. Cobb,
Ivory Harmon,*
Charles Stanwood,

Gideon B. Richmond,
William R. Huston,
Phineas B. Smith,
John H. Lester.

COMMON COUNCIL.

Ward 1.
L. Foster Morse,
Lewis F. Whiting,
Michael W. Dolan,
Thomas C. Norton.

Ward 2.
Alvin M. Bobbins,
Thomas P. Sw^at,
Square G. Brooks,
George Onion.

Charles D. Swain,
Franklin Curtis,!

MoSES H. Day, President.

Ward 3.

Ward 5.

John McElroy,
Stephen H. Williams,
Gotlieb F. Burkhardt,
WilUam Whitney.

Ward 4.
Henry P. Shed,
Moses H. Day,
Roland Worthington,
George Putnam, Jr.

David J. Foster,
John F. Newton.

TREASURER.

Joseph W. Dudley.

CITY CLERK.

Joseph W. Tucker.

CLERK OF COMMON COUNCIL.

Joshua Seaver.

* Chosen in place of Ariel Low, resigned. t In place of Wm. 11. Mcintosh, resigned.

PRESENT MEMBERS OP THE CITY GOVERNMENT.

311

1863.

MAYOR.

GEORGE LEWIS.

ALDERMEN.

Samuel Little,
Ivory Harmon,
Phineas B. Smith,
James E. Adams,

Gideon B. Richmond,
William R. Huston,
Moses H. Day,
John H. Lester.

COMMON COUNCIL.

Roland Worthington, President.

Ward 1.
L. Foster Morse,
Edward Meyers,
Michael W. Dolan, ,
Roger Drury.

Ward 2.
Alvin M. Robbins,
Square G. Brooks,
Thomas P. Sweat,
George Onion.

Franklin Curtis,
Nathaniel 0. Hart,

Ward 3.
John McElroy,
Horace H. White,
Patrick H. Rogers,
James C. Eagan.

Ward 4.
Roland Worthington,
Henry N. Farwell,
George Putnam, Jr.,
Francis W. Welch.

Ward 5.

John F. Newton,
William C. Harding.

TREASURER.

Joseph W. Dudley.

CITY CLERK.

Joseph W. Tucker.

CLERK OP COMMON COUNCIL.

Joshua Seaver.

HISTORICAL LIST OF MEMBERS,

SINCE THE ADOPTION OP THE CITT CHARTER.

MAYORS.

John Jones Clarke, 1846.

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

Samuel Walker, 1852, 53.

Linus Bacon Corains, 1854.

James Ritchie, 1855.

John Sherburne Sleeper, 1856, 57, 58.

Theodore Otis, 1859, 60.

William Gaston, 1861, 62. '

George Lewis, 1863.

ALDERMEN.

Elijah Lewis, 1846, 47.

Dudley Williams, 1846.

Laban Smith Beecher, 1846.

Moses Day, 1846.

Samuel Walker, 1846.

Samuel Jackson, 1846.

Erancis Chandler Head, 1846, 47, 48, 49, 50, 51.

William Keith, 1846, 47, 48.

Robert Gardner, 1847, 48.

Richard Ward, 1847, 48, 49, 50, 51.

William Bradbury Kingsbury, 1847, 48, 49, 50.

Calvin Young, 1847, 48, 49, 50, 51.

Nelson Curtis, 1847, 49, 50, 52, 53, 54, 56.

Benjamin Franklin Campbell, 1848, 52, 53.

Samuel Parkman Blake, 1848.

Daniel Jackson, 1849, 50, 51.

John Lincoln Plummer, 1849,50,51.

William Mackintosh, 1849, 50.

George Curtis, 1851, 52, 53, 54.

Hiram Hall, 1851.

Theodore Dunn, 1851.

George Brown, 1851.

Abraham Gearfield Parker, 1852, 53.

Alvah Kittredge, 1852, 53.

Horace Williams, 1852, 53.

James Guild, 1852.

John Hunt, 1852.

John Sherburne Sleeper, 18.53.

Charles Hickling, 1853, 54.

*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.

40

314 HISTORICAL LIST OF MEMBERS.

Joseph Nathaniel Brewer, 1854.

George Jefferds Lord, 1854.

Robert Wilkins Ames, 1854.

Calvin Barstow Faunce, 1854, 55.

Benjamin Perkins, 1854.

Charles Bunker, 1855.

Samuel Sinclair Chase, 1855.

Joseph Houghton, 1855.

Asa Wyman, 1855.

Moses Howe Webber, 1855.

Francis Gardner, 1855.

William Davis Adams, 1855.

Benjamin Thompson, 1856, 57.

Charles Edward Grant, 1856, 57.

Joseph Gendell Torrey, 1856.

George Smith Griggs, 1856, 57.

Nahum Ward, 1856.

Jonathan Pratt Robinson, 1856.

Charles Carter Nichols, 1856, 57.

Walden Porter, 1857.

Joseph Houghton Chadwick, 1857.

Henry Willis, 1857.

George Lewis, 1857, 58, 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.

Ivory Harmon, 1858, 62, 6.3.

William Bird May, 1859, 60.

Joshua Bentley Fowle, 1859, 60.

William Curtis, 1859, 60.

Alonzo Williams Folsom, 1859, 60.

George Frost, 1859, 60.

Jerahmeel Cummings Pratt, 1860, 61.

Gideon Babbitt Richmond, 1860, 61, 62, 6c

Samuel Little, 1861, 62, 63.

Oliver Jenkins Curtis, 1861.

Isaac Sanderson Burrell, 1861.

Charles Stanwood, 1861, 62.

Robert Hale, 1861.

Samuel Crocker Cobb, 1861, 62.

William Ricker Huston, 1862, 63.

Phineas Bean Smith, 1862, 63.

John Henry Lester, 1862, 63.

Ariel Low, 1862.*

Moses Henry Day, 1863.

James Edson Adams, 1863.

PRESIDENTS OF THE COMMON COUNCIL.

Francis George Shaw, 1846.
Linus Bacon Comins, 1847, 48.
William Augustus Crafts, 1849, 50, 51.
William Gaston, 1852, 53.
James Monroe Keith, 1854.
William Ellison, 1855.

* Resigned, iind Ivory Harmon was chosen to fill the vacancy .

HISTORICAL LIST OP MEMBERS* BIS

John Wilder May, 1856.
Henry Pinkham Shed, 1857, 58.
Ebenezer Waters Bumstead, 1859, 60.
George Burrill Faunce, 1861.
Moses Henry Day, 1862.
Eoland Worthington, 1863.

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.

Keuben Winslow, 1851.

John Reed Howard, 1851.*

George Jefferds Lord, 1852, 53, 57.

Eranklin Williams, 1853, 54, 55, 56, 57.

Joseph Houghton Chadwick, 1853, 54.

Joseph Gendell Torrey, 1854.

Thomas Farmer, 1854.

William Morse, 1855, 56, 57, 58, 59.

George Harris Pike, 1855, 56.

Asa Wyman, Jr., 1855.

Samuel Pearson, Jr., 1856.

Albert Brewer, 1857, 58.

Ebenezer Ryerson, 1858.

Joel Gay, 1858.t

Ciiester Morse Gay, 1858.

Benjamin Franklin Campbell, 1859, 60.

Asa Wyman, 1859, 60.

Lemuel Foster Morse, 1860, 61, 62, 63.

Charles Stanwood, 1860.

Lewis Fales Whiting, 1861, 62.

Patrick Edward Reed, 1861.

Thomas C. Norton, 1861, 62.

Michael William Dolan, 1862, 63.

Edward Meyers, 1863.

Roger Drury, 1863.

Waed 2.

Abraham Gearfield Parker, 1846, 47, 48.
George Smith Griggs, 1846, 47, 48.
Esdras Lord, 1846, 47, 48.
Thatcher Sweat, 1849, 50, 51.
Uriah Tompkins Brownell, 1849, 50, 51.
William Seaver, 1849, 50, 51.
John Milton Hewes, 1852, 53, 54.
Arial Ivers Cummings, 1852, 53.

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

t Resigned May 17th, 1858, and William Morse was elected to fill the vacancy.

316 HISTORICAL LIST OF MEMBERS.

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, 61, 62, 63.
William Hyde Palmer, 1855.
Benjamin Simons Noyes, 1855.
Timothy Ricker Nute, 1856.
William Parker Powle, 1856, 57, 58.
Thomas Langdon Dodge Perkins, 1856, 57.
Gideon Babbitt Richmond, 1858, 59.
Thatcher Franklin Sweat, 1858, 59, 60, 61.
Albert Batchelder, 1858, 59, 60.
Edward Lang, Jr., 1860.
John Stanton, 1861.
James Thom Buswell, 1861.
Thomas Piedmont Sweat, 1862, 63.
Square Gage Brooks, 1862, 63.
George Onion, 1862, 63.

Waed 3.

William James Reynolds, 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, 61.

John Wells Parker, 1852, 53.

Calvin Barstow Faunee, 1852, 53.

William Lewis Hall, 1853.

Charles Bay ley Bryant, 1 854.

Horace King, 1854.

Obed Rand, 1354.

Alden Graham, 1854.

Robert Simpson, 1855.

Robert Webb Molineux, 1855.

William Ricker Huston, 1855.

Joseph Henry Swain, 1855.

John Wilder May, 1856, 57.

John Emery Gowen, 1356.

William Francis Dunning, 1856.

Samuel Little, 1856, 57.

Alfred Gowen Hall, 1 857, 58, 59.

John Bowdlear, 1857.

Patrick Henry Rogers, 1858, 59, 63.

Thomas Jefferson Mayall, 1858.

John Metcalf Way, 1858.

Malcom McLaughlin, 1859, 60, 61.

William H. Ward, 1859, 60.

George Burrill Faunee, 1860, 61.

Patrick Robert Guiney, 1860.

John McElrov, 1861, 62, 63.

Gotlieb Frederick Burkhardt, 1862.

Stephen Henry Williams, 1862.

William Whitney, 1862.

James Calvert Egan, 1863.

Horace Homer White, 1863,

HISTORICAL LIST OF MEMBERS. 317

Waed 4.

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

Joseph Nathaniel Brewer, 1846, 47, 48, 49, 50, 51, 52, 53.

James Guild, 1846.

Nathaniel Mayhew, 1847, 48, 49, 50.

George Davenport, 1851, 52.

George Lewis, 1852, 53.

Frederick Guild, 1852.

Charles Frederick Bray, 1853.

Henry Davenport, 1853, 54.

Joseph Bond Wheelock, 1854.

George William Tuxbnry, 1854.

John Roulstone Hall, 18*54, 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.

Alouzo Williams Folsom, 1856.

William Graham, 1857, 58.

James Augustus Tower, 1857, 58.

Hartley Erskine Woodbridge, 1858, 59, 60,

John Henry Bufford, 1859.

Francis Freeman, 1859.

Phineas Bean Smith, 1860.

Moses Henry Day, 1860, 61, 62.

Frederick Augustus Brown, 1860.

Henry Pinkham Shed, 1861, 62.

Roland Worthington, 1861, 62, 63.

Edward Wise, 1861.

George Putnam, Jr., 1862, 63.

Henry Newton Farwell, 1863.

Francis W. Welch, 1863.

.a Ward 5.

Linus Bacon Comins, 1846, 47, 48.

Stephen Hammond, 1846, 48, 49.

Samuel Weld, 1846, 47.

Thomas Lord, 1847.

Samuel Walker, 1848, 49, 51.

Aaron Davis Williams, Jr., 1849, 50, 51.

Hiram Hall, 1850.

Robert Whipple Parker, 1850.

Horace Williams, 1851.

Charles Hickling, 1852.

William Sherman Leland, 1852, 53.

William Davis Adams, 1852, 53, 54.

Isaac Sanderson Burrell, 1852, 53.

William Bird May, 1853.

Walden Porter, 1854.

James Monroe Keith, 1854.

Henry 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.

318 HISTORICAL LIST OF MEMBERS.

William King Lewis, 1856, 57.

William Barton, 1857, 58.

Ebenezer Waters Bumstead, 1858, 59, 60.

Thomas Farmer, 1859.

John Dove, 1859.

Charles Davis Swain, 1 860, 61 , 62;

Oliver Jenkins Curtis, 1860.

William Henry Mcintosh, 1860, 61, 62.

David Jones Foster, 1861, 62.

John Franklin Newton, 1861, 62, 63.

Franklin Curtis, 1862, 63.

Nathaniel Oliver Hart, 1863.

William Curtis Harding, 1863.

Ward 6.*

George James, 1846, 47.
Joseph Richards Weld, 1846.
Calvin Young, 1846.
Franklin Tearing, 1847, 48.
George Henry Williams, 1847.
Atkins Augustus Clark, 1848, 49.
Enoch Nute, 1848.
John Flavel Jenkins Mayo, 1849, 50.
Jonas Barnard, 1849, 50.
Hosea Ballou Stiles, 1850, 51.
William Henry Grey, 1851.
John Richardson, 1851.

Waed 7. •

John Dove, 1846, 47.

Anson Dexter, 1846, 47.

Theodore Dunn, 1846, 48, 50.

James Eri Forbush, 1847.

Stephen Merrill Allen, 1848, 49, 50.

Ebenezer Whitten Stone, 1848, 49. j.,

Ephraim Washington Bouve, 1849.

Jacob Phillips George, 1850, 51.

John Carroll Pratt, 1851.

William Davis Ticknor, 1851.

Ward 8.

Francis George Shaw, 1846.

George Washington Mann, 1846.

Ebenezer Dudley, 1846, 47.

Chauncy Jordan, 1847, 48, 49, 50.

George Brown, 1847, 48, 49, 50.

Benjamin Guild, 1848.

Charles Gideon Mackintosh, 1849, 50, 51.

Cornelius Cowing, 1851.

James W. Wason, 1851.

Aaron Cass, 1851.

* Wards No. 6, 7 and 8, witli parts of Wards 4 and 5, were set off and incorporated, by Act of
the Legislature, May 24, 1861, into the town of West Roxbury.

I ^ D EX.

[A reference to au Ordinance is to the number of tlie Ordinance ; otherwise the
reference is to page,\

ABSENTEES from school, Ords. 38, 62.

ACCEPTANCE of streets, Ord, 54.

ACCOUNTABILITY of city officers, touching city expenditures, Ord. 6.

ACCOUNTS, committee of, their duties, Ord. 6.

names of, 2.59.

committee of aldermen on, 262.
ALBANY STREET in Boston, act to extend, 40.
ALDERMEN, board of, to consist of eight persons, 3, 28.

to receive no compensation, 4.

majority to constitute a quorum, 4.

with common council to compose city council, 4.

election of. and term of office, 6, 24, 28.

duties of, 7.

to issue warrant for election of mayor, if no mayor be chosen, 7 .

shall take oath of office, 8.

vacancies to be filled by new elections, 8, 9, 28, 51.

organization in absence of the mayor, 9.

shall judge of elections of their own members, 9.

may confirm or reject nominations of the mayor, 12.

powers of, in reference to streets and Vi^ays, 14.

rules of, 241.

names of, for cun-ent year, 257.

standing committees of, 262.
ALMSHOUSE, joint committee on, 260.

superintendent and physician of, 264.

provisions respecting, see Statutes, General.
AMENDMENTS TO CITY CHARTER, 24, 27.

acceptance of, 26, 30.
ANATOMICAL SCIENCE, see Statutes, Genekal.
ANNEXATION of parts of Roxbury to Boston, 36, 45.
APPOINTMENT of city officers, modes and times of, 282.
ASSESSORS, how elected, 11.

powers and duties of, 14.

names of, for current year, 264.

compensation, 11, 264.

320 INDEX.

ASSISTANT ASSESSORS, how elected, 13.

duties of, 14.

vacancies, how filled, 14, 24.

names of, and compensation, 264.
AWNINGS, not to obstruct sidewalk, Ord. 13, § 22.
BARK, measurement and sale of, 15, Ord. 28.

names of measurers of, 270.
BIRTHS, see Statutes, General, analysis of.
BLASTING OF ROCKS, Ord. 13, ^25, Ord. 74,

penalty for violation of license, Ord. 74, § 1.
BOUNDARY between Roxbury and Boston altered, 36, 45.
BUILDINGS, removal of, Ord. 52.
BURIAL GROUNDS, see Cemetery.

regulations concerning the use of, Ords. 12, 26, 32.

not to be enlarged or established without permission of city council, Ord. 2G.

joint committee on, 261.

superintendent of, 267.
BURIAL OF THE DEAD, Ords. 12, 26, 27, 32.
CEMETERY, PUBLIC, legislative acts concerning, 31, 38, 41.

commissioners of, their election, powers and duties, 31, 32, 33, 38.

commissioners to make annual report, 33.

funds of, to be kept separate from other city funds, 33, 38.

name to be Forest Hills, Ord. 24.

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

names of present commissioners, 265.
CEMETERIES AND BURIALS, see Statutes, General, analysis of.
CENSUS, see Statutes, General, analysis of.
CERTIFICATES of elections, 7.
CHEMICAL LABORATORIES, Ord. 7.
CHIEF ENGINEER, see Fire Department.
CITY BUILDINGS to be under care of city council, 12.
CITY CHARTER, or an " Act to establish the City of Roxbury," 3.

repeal of all acts inconsistent with, 22.

legislature may alter or amend, 22.

adoption of, by citizens of Roxbury, 23.

amendments to, 24, 27.
CITY COUNCIL, to consist of mayor, aldermen and common council, 3.

how to be organized in absence of mayor elect, 9.

shall elect city treasurer, collector, chief engineer, clerk, and assessors, 11.

shall appoint subordinate officers, 11.

shall require bonds from persons entrusted with public moneys, 12.

shall have superintendence of city buildings, 12.

may purchase property in behalf of the city, 12.

shall publish a yearly account of the city finances, 12.

no member to be eligible to any city office of emolument, 12.

may layout streets and estimate damages ; but with appeal allowed to county
commissioners, 14.

shall have powers of a board of health, 15, 56.

INDEX. $21

CITY COUNCIL, appoint mayor and aldermen to be board of health, Ord. 36.

may cause the construction of drains and common sewers, 15.

may make by-laws concerning lumber, wood, coal and bark, 15.

shall determine annually the number of representatives, 17.

have power to make by-laws and annex penalties, 21, 42, 52.

shall elect commissioners of public cemetery, 31.

shall elect city messenger, Ord. 5.

shall elect city solicitor, Oi'd. 43.

shall elect city physician, Ord. 48.

may elect harbor-master, 43, Oi'd. 58.

rules of, 251.

members of, for the current year, 257, 258.
CITY DEBT, Ords. 50, 68.

how created, 256.

afiSrmative vote of two-thirds of city council necessary, 256.

amount of, present, and in past years, 289.
CITY MARSHAL, and his assistants, election, powers and duties, Ords. 45, 55.

names of, and compensation, 268.
CITY MESSENGER, how appointed, his duties, Ord. 5.

name and salary, 263.
CITY OFFICERS, modes and times of their appointment, 282.
CITY OF ROXBURY, first organization of its government, 19.

division into wards, 4, 27.

present government of, 257.
CITY PHYSICIAN, how appointed, his duties, Ord. 48.

name and salary, the current year, 264,
CITY SEAL, what, Ord. 18.

to be affixed to certain legal instruments, Ord. 20.
CITY SOLICITOR, election, duties, and compensation, Ord. 43.

name of, for current year, 261.
CLAIMS, joint committee on, 260.
CLERK OF CITY, shall be clerk to board of aldermen, 13.

how elected, 11.

his oath of office, 13.

shall administer oath of office to mayor, 8.

compensation fixed by city council, 11.

term of office and liability to removal, 13.

general duties of, 13, 18.

name and salary, the current year, 263.
CLERK OF COMMON COUNCIL, election of, 9.

name and salary, the current year, 263.
CLERKS OF ENGINE COMPANIES, see Fire Department.
CLERKS OF ENGINEERS, see Fire Department.
CLERKS OF WARDS, election of, and term of office, 5, 24.

duties of, 5, 7, 18.

to preside in absence of warden, 5.

duty at first election under the charter, 19.

name of, for current year, 275.
41

322 INDEX.

COAL, sale and measnrement of, 15.

weigher of, name, 270.
COLLECTOR OF TAXES, how elected, H.

duties of, 47, 48, Ord. 8.

name of, the current year, 264.
COMMISSIONER OF STREETS, how appointed, Ord. 40.

duties of, Ords. 40, 65.

name of, for current year, 263.
COMMISSIONERS OF FOREST HILLS CEMETERY, how appointed, 31.

powers and duties of, 32, 33, 38.

names of, for current year, 265.
COMMITTEE OF ACCOUNTS, their duties, Ord. 6.
COMxMITTEES, STANDING, of city council, 259, 262.

of aldermen, 262.

of common council, 262.
COMMON COUNCIL, with aldennen, compose the city council, 3.

to be residents of their respective wards, 28.

how many to be chosen, 3, 27, 28.

to receive no compensation, 4.

majority to constitute a quorum, 4.

election of, and term of office, 6, 24, 28.

how to be sworn, 8.

organization of, 9.

shall judge of the elections of its own members, 9.

vacancies to be filled by new elections, 9, 28, 51.

sittings to be public, 12.

rules of, 243.

names of present members, 258.

standing committees of, 262.
COMMON SEWERS, see Drains, (Main) and Common Sewers.
CONSTABLES, appointed by mayor and aldermen, 11.

their bonds, 11.

names of, for current year, 269.
CONVENTION of aldermen and common council, 8, 14.
CORONERS, names of, for current year, 269.

COUNTY COMMISSIONERS, appeals allowed to, for damages, from the de-
cision of the city council, 14.

officers, how to be voted for, 17.
COURT, see Police Court.

CRIER OF CITY, to be licensed; his duties, Ord. 37.
CURB-STONES, see Edge-stones.
DEBT OF CITY, see City Debt.

DEEDS, LEASES, and other legal instruments, to be executed by the mayor,
Ord. 20.

of cemetery lots, form of, Ord. 29.
DOGS, not to go at large, unless licensed, Ord. 63.

troublesome or mischievous, to be removed or destroyed, Ord. 63.

statute provisions for license of, and concerning troublesome, 91 — 95.

INDEX. 323

DEAFTED MEN, aid of families of, 119. See Statutes, General.
DRAINS, may be built b}- order of city council, 1.5.
DRAINS (MAIN) AND COMMON SEWERS, Ord. 66.

mayor and aldermen to locate and construct, by order of city council, § 1.

to be laid in or near the middle of the street, § 2.

mayor and aldermen to determine dimensions and material, § 2.

standing committee on, to be appointed annually, ^ 3.

particular drains to be constructed under direction of the mayor and alder-
men, § 4.

mayor and aldermen to cause owners of land, or their agents, to make suffi-
cient drains, if necessary, § 5.

damages for neglecting to do this, when required, § 5.

rain water may be conducted from buildings to drains without city charge, ^ 6.

no drain shall enter a common sewer without consent of city, § 7.

charge for permit, and damages for offending in the premises, § 7.

superintendent of, to be chosen annually by city council, § 8.

superintendent shall keep registers and accounts, §^9, 10.

estates benefitted by drains, to be assessed for a portion of the cost, § 11.

such assessments to be registered by superintendent, and collected by the
treasurer, § 12.
EDGESTONES, 45, 79.
ELECTIONS, of ward officers, 7.

of mayor, aldermen, and common councilmen, 6, 24, 28.

certificates of, by the clerk of the ward, 7.

proceedings in case of no election of mayor, 7, 8.

of aldermen, 8, 9, 28.
of common council, 7, 9.

of city treasurer and collector, city clerk, assessors, and other subordinate
officers, 11, 282, Ord. 3.

of engineers, 11, 282, Ord. 34, § 2. ^

of foremen of fire companies, Ord. 34, § 10.

of overseers of poor, 13, 14, 24.

of school committee, 13, 24.

of county, state, and United States officers, 17.

of commissioners of public cemetery, 31.

of surveyors of highways, surveyors of lumber, measurers of wood and bark,
weighers of hay, sealers of weights and measures, field drivers, fence
viewers, pound keeper, tythingmen, and sealers of leather, 282, Ord. 3.

of city messenger, 282, Ord. 5.
' instructions of ward officers concerning elections, 278 — 281.

ELECTIONS IN CITIES, 116. See Statutes, General,
ELECTORS, qualifications of, 47.
ENACTING STYLE of City Ordinances, Ord. 19.
ENGINEERS, see Eire Department. -^

ENGINE HOUSES, unauthorized persons not to enter, Ord. 56.
ENGINEMEN, see Eire Department.
ENGINE, STEAM EIRE, see Fire Department.
ENLISTMENTS AND RECRUITING, see Statutes, Gpnee^l, analysis of,

824 INDEX.

ENROLMENT, committee of aldermen on, 262.

committee of common council on, 262.
EXPENDITURES for schools authorized, Ord. 22.
for schools incm-red in past years, 289.
for support of poor in past years, 290.
for support of fire department in past years, 290.
for repairs of highways in past years, 291.
for police and watch in past years, 291.
for common sewers in past years, 291.
for lighting the city in past years, 292.
FEES OF UNDERTAKERS, Ord. 27 ; of hackmen, Ord. 69, § 15.
FENCE VIEWERS, Ord. 3 ; names of, 270.
FIELD DRIVERS, Ord. 3 ; names of, 270.
FINANCE, joint committee on, names of, 259.
FINES, see Penalties.

FIRE ARMS, unlawful discharge of, Ord. 13, § 16.
FIRE DEPARTMENT—

act giving engineers power of firewards, and relating to combustibles, 41.
ordinances of the city relating to, Ords. 34, 47, 51, 67.
accounts against fire department to be examined, &c., by chief engineer,
Ord. 34, § 3.
amount expended for support of, in past years, 290.

apparatus not to be taken from the city, except, &c., Ord. 34, § 21.
appropriations for new engines, houses, &c., how expended, Ord. 34, ^ 6.
authority and duty of chief engineer, Ord. 34, §§ 6, 10, 11, 12, 13.

of assistant engineers, Ord. 34, §§ 4, 5, 16, 17.
committee on, to expend certain appropriations, Ord. 34, § 6.
to direct as to repaii-s, Ord. 34, § 6.

may call for rolls and records from foremen, Ord. 34, § 14.
names of, the current year, 260.
chief engineer, election of, 11, Ord, 34, § 2.
to have certificate of election, 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 of, the current year, 265.
See Engineers.
clerks of fire companies, see Officers of Fire Companies.
engineers to be chosen annually in April, Ord. 34, ^ 2.
to have certificates of election, Ord. 34, § 2.
four in number, Ord. 34, § 1.

rank, determined by mayor and aldermen, Ord. 34, § 3.
«*o hold over one year, in certain cases, Ord. 34, § 2.
to organize themselves into a board, Ord. 34, § 3.
to choose one of their number secretary, Ord. 34, § 3.
other duties of, Ord. 34, §§ 4, 5, 16, 17.

INDEX. 325

FIRE DEPARTMENT — Engineers may suspend a member from duty, Ord. 51.

powers in relation to gunpowder, 35.

have the authority of firewards, 41.

names, &c., for current year, 265.
engines, &c., not to be taken from the city, except, &c., Ord. 34, § 21.
engine houses, persons may not enter, except, &c., Ord. 56.
election of chief engineer annually by city council, 11, Ord. 34, § 2.

to be chosen for one year and to hold till another is chosen, Ord. 34, § 2.

of assistant engineers, Ord. 34, § 2.

of foremen, assistant foremen, and Clerks, Ord. 34, § 10.
foremen and assistants, see Officers of Fire Companies.
hosemen to be nominated by companies, Ord. 34, § 16.

to be appointed and may be removed by engineers, Ord. 34, § 16.
members of the fire department to be 21 years of age and citizens of tbe
United States, Ord. 34, § 8.

admittance and discharge of, to be returned to chief engineer, Ord. 34,
§§ 8, 12.

terms of service, Ord. 34, § 9.

not to assemble on the Sabbath, except, &c., Ord. 47.

names, age and residence to be returned to city council, Ord. 34, § 6,

this return to be published annually, ib.

may be suspended from duty in certain cases, Ord. 51.

compensation fixed by city council, 11.

no pay except for three months' service, Ord. 34, § 9.

to choose their officers, Ord. 34, § 10.

may be discharged by aldermen, Ord, 34, § 12.

their duty at fires, Ord. 34, § 15.

shall wear badges, &c., Ord. 34, § 18.

actual compensation, 266.
names of members of committee on fire department, 260.

of chief and assistant engineers, 265.

of foremen of companies, 266.

of engines, 266.
officers of fire companies to be elected by members in May, Ord. 34, § 10.

returns to be made, Ord. 35, §§ 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, Ord. 34, § 12.

may be discharged by aldermen, Ord. 34, § 12.

duty of foreman, Ord. 34, § 14.

duty of clerk, Ord. 34, §§ 9, 10, 14.

duties of, at fires, Ord. 34, § 15.

compensation, 265. ^

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, or cause to be kept, Ord. 34, § 6.

foremen to keep, or cause to be kept, Ord. 34, § 14.

326 INDEX.

FIEE DEPAETMENT—

secretary of board of engineers, Ord. 34, § 3.
compensation, 265.

steward, engineers to appoint, and liis duty, Ord. 34, § 17.
compensation, 266.

Steam Fire Engine and Hose Company, Ord. 67.

organization of, Ord. 67, § 1 ; duties of engineer, § 2 ; firemen, § 2 ;
drivers, § 2 ; foremen of hose, § 3 ; to wear badges, § 4 ; to be gov-
erned by the regulations of the fire department, § 5.
names of officers and their compensation, 266.
FOREST HILLS, see Cemetery, Public.
FUEL, joint committee on, 260.
GATES, not to swing into streets, Ord. 23.
GENERAL STATUTES, see Statutes, General.
GOATS, not to be kept without license, Ord. 59.
GOVERNMENT OF CITY, method of organizing, at first, 19.

annually, 8, 9.

present members of, 257, 258.

historical catalogue of, 294 — 318.
GRADE OF STREETS, Ord. 54.
GUNPOWDER, acts to regulate transportation and storage of, 34, 40.

licenses for its sale, 34.

forfeiture of, when unlawfully kept or transported, 35.

legal proceedings after seizure of, 35.

mayor and aldermen may make rules for transportation and sale, 34.

regulations in relation to, shall be posted up, 35.
HACKNEY CARRIAGES, regulations concerning, Ord. 69.

what are to be taken as such, § 1 .

to be licensed by board of aldermen, §§ 2, 3.

fee for license, § 4.

when licenses shall expire, § 5.

the person licensed to be deemed the owner, and liable as such, § 6.

penalty for not taking out license, § 7.

carriages, how to be marked, § 8.

no other number to be used, &c., § 9.

carriages and horses, when harnessed, not to be left, except, &c., § 10.

no other stand to be used, than that assigned by aldermen, §11.

streets not to be obstructed by carriages, § 12.

badge to be worn by driver, § 13.

driver not'to be a minor, § 14.

fees for carrying passengers, § 15.
HARBOR MASTER, how to be appointed, 43.

term of office, 43.

powers of, 43.

penalty for obstructing him in his duties, 44.

duties of, Ord. 58.

name and salary of, 265.
HAY, weighers of, Ord. 3, 270.

INDEX. 327

HEALTH, board of, statute concerning, 56.

powers of, vested in city council, 15, 56.

sliall make regulations respecting nuisances, &c. 56.

mayor and aldermen shall perform the duties of, 56, Ord. 36.
may prohibit keeping of swine and goats, Ord. 14.

concerning removal of nuisances or causes of sickness, 56, Ords. 14, 36.
chemical laboratories and lead manufactories, Ord. 7.
offensive trade, 64.
vaccination, 63, 74.

use of burial grounds and burial of the dead, Ords. 12, 26, 32.
sale of unwholesome meats, Ord. 14.
house ofFal and night soil, Ord. 60.

tenements to have suitable vaults and drains, Ords. 14, 36, 73.

city marshal, or other person authorized by mayor, may examine building,
for the purpose of investigating or removing nuisances, Ords. 14, 73.

consulting physicians may be appointed, Ord. 14.

present officers of the health department, 267.

See Statutes, General, and analysis of.
HIGHWAYS, see Streets.

present surveyors of, 263. /

HO SEMEN, see Fire Department.
HOSPITALS, see Statutes, General, analysis of.
HOUSE OFFAL AND NIGHT SOIL, removal of, Ord. 60.
HOUSES, numbering of, Ord. 25.
INFECTION, see Statutes, General, analysis of.
INNHOLDERS, mayor and aldermen may license, 11.
INSPECTORS OF ELECTIONS, election, duties, and term of office, 5, 7.

names of, for current year, 275.
INSTRUCTION, PUBLIC, joint committee on, 259.
INSTRUCTIONS for ward officers, 278—281.
JUNK DEALERS, regulations concerning, Ord. 71.

no person to be such without license, § 1.

dealer to record circumstantially every purchase, — books subject to inspec-
tion, § 2.

not to purchase of a minor or an apprentice, § 3.

to exhibit a suitable sign on shop, § 4.

to be open only between sun rising and setting each week-day, § 5.

not to carry on the business except where designated in license, § 6.

penalty for violation of Ordinance, § 7.

provisions of this Ordinance to be incorporated into every license, § 8.
JURORS, list of, to be prepared, 25.
JUSTICE, see Police Court.
LAMPS, expenditures for, Ord. 44 .

duties of joint committee on, Ord. 44.

names of joint committee, 261.

expenditures for, in past years, 292.
LEAD, white and red, manufacture of, Ord. 7.

328 INDEX.

LIBRARIES, CITY, see Stattttes, General.
LICENSES, for dogs, 91, Ord. 63.

for billiard tables and bowling alleys, 97.

for theatrical exhibitions, shows, &c., 98.

for sale of gunpowder, 34.

for intelligence offices, 85.

for sale of junk, &c., 85.

for stables, 86.

for steam engines, furnaces, and boilers, 87.

for rockets, gunpowder, &c., 91.

to innholders, &c., mayor and aldermen may grant, 1 1 .

to city crierSj^jOrd. 37.

to pawnbrokers, 86.

committee of aldermen on, 262.
LICENSED HOUSES, mayor and aldermen may license innholders, &c., 11.
LIST OF JURORS, to be prepared, 25.
LIST OF VOTERS, to be prepared, 18, 48.
LUMBER, city council may make by-laws for measurement and sale 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, Ords. 45, 55,

name and compensation, 268.

assistants, 268, Ords. 45, 55.
MAYOR, with aldermen and common council, to have government- of city, 3.

election of and term of office, 6, 24, 25, 28.

to be sworn into office, 8.

shall administer oath to members of the city council, 8.

in case of no election, vacancy in the office, how filled, 7, 8, 51 .

duties of, 9, 10.

may call special meetings of city council, 10.

shall preside at meetings of aldermen, and in convention of city council, 10.

to have only a casting vote, 10.

salary of, by charter, 10, present salary, 257.

may be commissioner of highways, 10.

has power of nomination in appointments, subject to confirmation by alder-
men, 12.

is ex-officio one of the overseers of poor, 13.

shall execute and affix city seal to deeds, Ord. 20.

name of the present mayor, 257.
MAYOR AND ALDERMEN, with common council, to have the government
of the city, 3.

mode of election, 6.

shall issue waiTants for public meetings for municipal purposes, 6.

executive power and administration of police vested in them, 10.

may appoint and remove police officers, 11, 50.

may require bonds of constables, 11.

may license innholders, victuallers, and retailers, 11.

INDEX. 329

MAYOR AND ALDERMEN, sittings of, to be public, except, &c., 12.

shall prepare list of voters previous to elections, 18, 48.

shall prepare list of jurors, 25.

shall warn public meetings on requisition of fifty voters, 19.

to receive evidence of qualifications of voters, 48, 49.

their powers and duties, touching fire department, see Eire Department.

have the powers and duties of selectmen, 50.

may hold other oQices, except those of emolument, 52.

may make regulations for carriages, 52.

may grant licenses for sale of gunpowder, and make rules for its storage and
transportation, 34.

may construct sidewalks, the abutters to pay for the materials, 45.

shall appoint and may remove city marshal, Ord. 45.

shall appoint watchmen, 54, Ords. 11, 31.

shall appoint undertakers, Ord. 12.

shall appoint commissioner of streets, Ord. 40.

may cause dwelling-houses, &c., to be numbered, Ord. 25.

shall constitute board of health, Ord. 36.

shall take measures for preservation of public health, Ords. 14, 36.

may appoint consulting physicians, Ord. 14, § 2.

may grant licenses for building and for obstructing streets, Ord. 13.

may license city criers, Ord. 37.

names of the pi'esent aldermen, 257.

names of the standing committees, 262.
MAYOR AND ALDERMEN OE BOSTON, their duties in relation to terri-
tory set off from Roxbury to Boston, 37.
MEASURERS OF WOOD AND BARK, Ord. 3 ; names of, 270.
MEASURES AND WEIGHTS, sealer of, Ord. 3 ; name of, 270.
MEETINGS OF THE CITIZENS may be held for certain purposes, 19.

shall be duly warned by the mayor, &c., on requisition of fifty voters, 19.
MESSENGER, CITY, election and duties, Ord. 5.

name of present messenger, and salary, 263.
MILITARY AFFAIRS, joint committee on, 262.
MONEYS, PUBLIC, see Treasury.

city council may require bonds of persons receiving, keeping, or disbursing, 12.
MONUMENTS FOR THE DEAD, Ord. 29.
NIGHT SOIL, removal of, Ord. 60.
NUISANCES, see Health.

ordinance concerning. Ord. 73.

mayor and aldermen to constitute the boai'd of health, § 1.

city marshal to have charge of the internal and external health police, and to
enforce all laws and ordinances relative thereto, § 2.

consulting physicians to be appointed annually, § 3.

mayor and aldermen may order tenements in a state of nuisance to be vaca-
ted, § 4.

every tenement to be furnished by the owner with sufficient drains and
vaults, — penalty, § 5.

42

830 INDEX.

NUISANCES—

owners of tenements having insufBcient drains or vaults to be notified to con-
struct, &c., — in default, mayor and aldermen to supply at expense of
owner, &c., § 6.
obstructed or offensive vaults or drains to be cleared or repaired by owner or
occupant, — in default, city marshal to I'epair, &c., by order, at the cost
of the owner, § 7.
owners or occupants of vacant cellars or grounds, being in a state of nui-
sance, to be notified to abate the same, — in default, mayor and aldermen
to abate the nuisance at cost of owners, § 8.
city marshal to keep a record of his proceedings, to make bills against parties

indebted, and deliver the same to treasurer for collection, § 9.
no person to throw rubbish, &c., into the street, &c., § 10.
parties deemed liable on violation of section 1 0, § 11.
rubbish and filth to be removed by the owner or occupant of the house or

place where improperly deposited, § 12.
sale of unwholesome meat, fish and vegetables prohibited, § 13.
no person to keep swine without a permit, § 14.
city marshal, &c., may enter any building in the day time to examine into,

destroy, remove or prevent any nuisance, § 15.
penalty for violation of this ordinance, § 16.
NUMBERS to be affixed to dwelling-houses, &c., Ord. 25.
OBSTRUCTION OF WAYS, Ords. 13, 57.
OFFAIi, removal of, Ord. 60.

OFFICERS OF CITY, names of present, 257— 270.
names of former, 294 — 318.
subordinate, elected by city council, 1 1 .
modes and times of their appointment, 282.
ORDINANCES, manner of recording, Ord. 1.
method of promulgation, Ord. 15.
enacting style of, Ord. 19.
ORGANIZATION OF CITY GOVERNMENT, at first, 19.

annual, 8, 9.
OVERSEERS OF POOR, election of, 13, 24.
mayor to be ex-officio one of this board, 13.
powers and duties, 13.
vacancies, how to be filled, 14.
names of the present board, 264.
PARKS AND SQUARES, joint committee on, 261.
PAWN BROKERS, regulations concerning, Ord. 72.
no person to act as such without license, § 1.

every article received to be fully recorded, subject to inspection, § 2.
not to receive any article in pawn from a minor or an apprentice, and all ar-
ticles to be subject to examination by mayor, &c. § 3.
business to be carried on only in place designated in license, § 4.
penalty, § 5.
provisions of this ordinance to be incorporated in each license, § 6.

INDEX. 331

PENALTIES AND EINES, how to be recovered, 15, 16, 44, 53.

for giving false name or false answer, 49.

power of city council to impose, 21, 52.
PHYSICIAN, CITY, election and duties of, Ord. 48.

name and salary of, 267.

consulting, appointment of, Ord. 14, § 2.

names of, for current year, 267.
POLICE COUET, name of justice of, and his salary, 268.

special justices, their names, 268.

name and salary of clerk, 268.

see Statutes, General, analysis of.
POLICE DEPARTMENT, administration of, in mayor and aldermen, 11.

police officers appointed and removed by mayor and aldermen, 1 1 .

names of present members of, 268 — 269.

payments for support of, in past years, 291.
POLLS, number of, in past years, 288.
POOR, overseers of, 264; see Overseers of Poor.

payments for support of, in past years, 290.

joint committee on, 260.
POPULATION OF EOXBURY, at different times, 292.
POUND KEEPER, Ord. 3 ; name of, 270.
PRESIDENT of common council, 9, 258.
PRINTING, joint committee on, 261 .
PUBLIC CEMETERY, 31, 32, 33, 38, 39, 41.
PUBLIC INSTRUCTION, joint committee on, 259.
PUBLIC PROPERTY, joint committee on, 259.

their duties, Ord. 22.
QUALLFICATIONS OF ELECTORS, 47.
QUARANTINE, see Statutes, General, analysis of.
QUORUM, a majority shall constitute a, 4.
RECORD OF STREETS, Ord. 17.
RECORDS, preservation, transcription, and use of, 67 — 71.
RECRUITING, see Enlistments. See Statutes, General, analysis of.
REGISTRATION OF BIRTHS, MARRIAGES, AND DEATHS.
-^'^e Statutes, General, analysis of.
REMOVAL OF BUILDINGS, regulations for, Ord. 52.
REPRESENTATIVES, number how determined, 17.

mode of election, 17.
ROADS, see Streets ok Wats.
ROCKS, blasting of, Ord. 13, § 25.
ROCKETS, SQUIBS, &c., Ord. 13, § 17.
ROXBURY, see City of Roxburt.

canal, not to be obstructed, 42.

creek, bridge over, 40.
RULES AND ORDERS, of board of aldermen, 241.

of common council, 243.

of city council, 251.
RULES respecting storage, safe-keeping and transportation of gunpowder, 235.

332 INDEX.

SCHOOL COMMITTEE, election of, 13, 24.

how vacancies in, shall be filled, 14, 24.

shall have care and superintendence of schools, 13.

shall have charge of appropriations for salaries of teachers, Ord. 22, § 1.

shall provide rooms and furnish them, at an expense not exceeding one
hundred dollars in any one instance, Ord. 22, ^ 2.

may repair school-houses, and provide articles, to the extent of fifty dollars,
Ord. 22, § 3.

names of, the current year, 271.
SCHOOLS, shall be under superintendence of school committee, 13.

attendance of children at, 75.

ti'uant children and absentees, 108.

religious services in, 102, Ord. 38.

powers of school committee in relation to, Ord. 22.

powers of committee on public property in relation to, Ord. 22.

names of schools and present teachers, 271 — 274.

expenditures for, in past years, 289.

see Statutes, General.
SEAL OF CITY, Ord. 18.

to be afiixed to certain legal instruments, Ord. 20.
SEALERS, of leather, Ord. 3 ; names of, 270.

of weights and measures, Ord. 3 ; names of, 270.
SEWERS, COMMON, may be constructed by order of city council, 15.

superintendent of, name of, 263.

joint committee on, names of, 259.

and squares, amount paid for, 291.

see Drains (MainJ and Common Sewers.
SIDEWALKS, acts concerning, 45, 79.

snow and ice to be removed from, Ord. 64.

not to be obstructed by groups of persons, Ord. 57.
SMALL POX, see Statutes, General, analysis of.
SNOW AND ICE on the roofs of buildings, 1 13.

to be removed from sidewalks, Ord. 64.
SOLICITOR, CITY, see City Solicitor.
SQUARES, amount paid for grading, &c., 291.
STATE OFFICERS, how to be voted for, 17.

STATUTES, GENERAL, printed in this volume, on the subjects

following : —
Anatomical Science, Promotion of, 66.
Appropriations of Monet foe Certain Purposes, 100.
Boundaries of Highways and other Public Places, 80.
Children, Employment of, 75.
Cities, Powers and Duties of, 50.

Dealers in Junk, Old Metals, and Second-hand Articles, 109.
Drafted Men, Aid of Families of, 119.
Elections in Cities, 116.

INDEX. 333

STATUTES, GENEEAL—

Electors, QgAHFicATiONS of, 47.
Enlistments and Eeceuiting, 114.
Health, Public, Preservation of, 55.

nuisances, contagion, &c., 56.

vaccination, 63, 74.

offensive trades, 64.
Libraries, Town and City, 72.
Licenses and Municipal Regulations op Police, 85.

intelligence offices, 85.

junk, old metals, and second-hand articles, 85.
Licenses and Municipal Regulations of Police, 85.
» pawn brokers, 86.

stables, 86.

steam-engines, furnaces and boilers, 87.

rockets, gun-powder, and other explosive substances, 91.

dogs, 93.

billiard tables and bowling alleys, 97.

theatrical exhibitions, public shows, masked balls, &c., 98.
Records, Public, 67.

Religious Services in Public Schools, 103.
Schools, Attendance of Children at, 72.
Seamen in U. S. Navy, Aid of their Families, 107.
Sewers and Drains, 83.
Sidewalks, 79.

Snow and Ice on the Roofs of Buildings, 113.
Stationary Engines, 106.

Truant Children and Absentees from School, 110.
Volunteers, Aid op Families of, 101, 104, 108, 111.
Watch and Ward, 53.
Ways, Dedication op, 77.
Weights and Measures, Sealing op, 120.

STATUTES GENERAL, not printed in this volume. Analysis of.
Births, Marriages and Deaths, registration of, ch. 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. 30, § 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.

regulations, penalty for violating, ch. 26, § 36.

of vessels may be established by board of health, ch. 26, § 34.

of vessels to extend to persons going on board, ch. 26, § 35.

vessels suspected of infection, ch. 26, § 37.

penalty for refusal to answer, ch. 26, § 38.

expenses, how paid, ch. 26, ^ 39.

334 INDEX.

STATUTES, general-
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 board of health to give notice, § 45.

penalty for violation of this chapter, § 46.
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 enure to towns, § 50.
Cemeteries and Burials, cemetery companies may be organized, ch.
28, § 1.

corporations, powers and duties of, ch. 28, § 2.

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 Court, 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.

clerk may appoint assistants, &c., 6.

clerk pro tern 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.
Estates, uniform description and appraisal of, to be made annually. Act

1861, ch. 167.
Volunteers, Payment of, obligations of Commonwealth ; proviso, 1 863,

ch. 58, §1-
volunteers may assign claims upon U. S. to State, ch. 58, § 2.

INDEX. 835

STATUTES, GENERAL—

Record of Soldiers and Officers, — clerks of cities and towns to pre-
pare records of Mass. troops furnished U. S., ch. 65, § 1.
compensation of clerks, § 2.
certain matters to be entered, ch. 229, § 1.
seamen in U. S. servics to be registered, ch. 229, ^ 2.
adjutant general to furnish suitable blank books to clerks at cost,

ch. 229, § 3.
expenses of books and records to be paid by the cities and towns, — the
records to be kept in city and town clerk's ofBce, ch. 229, § 4.
Dogs, persons becoming owners of, unlicensed, after May 1, to procure re-
gistration and license, ch. 113.
Minors, Enlisted, Drafted or Substituted, before discharged on writ
of habeas corpus, to restore bounty, pay, arms, &c., received, to
provost marshal, ch. 154, § 1.
marshals to report monthly to parties supplying, ch. 154, § 2.
Deserters, and Drafted Men, not appearing, to be arrested by sheriff or
deputy, ch. 155, § 1.
deserters arrested to be detained in county jail, ch. 155, § 2.
"Witnesses may be summoned before municipal authorities, ch. 158, § 1.
presiding officer may administer oath, ib.
witnesses to answer for default, ch. 158, § 2.
STATUTES, SPECIAL, 31—46.

STREETS, may be laid out by city council, first action by aldermen, 14.
recovery of damages caused by laying out or altering, 14.
record of, to be kept, Ord. 17.
acceptance of, Ord. 54.
new, not to be accepted unless forty feet wide, Ord. 54.

until graded, Ord. 54.
unlawful and injurious practices in, forbidden, Ord. 13.
not to be obstructed, by digging, &c., except, &c., ib. § 1.
mayor and aldermen may license obstructions, ib. § 2.
precautions for security of passengers, ib. § 3.
cellar ways, wells, &c., to be properly guarded, ib. §§ 4, 5, 19.
carts and other vehicles not to obstruct streets, ib. § 6.
sidewalks and street crossings not to be obstructed, ib. § 7.
fast and careless driving of horses forbidden, ib. § 8.
rubbish not to be put in streets, ib. § 9.

streets and sidewalks not to be encumbered with fuel, ib. ^ 10, 11.
buildings not to be moved through streets without license, ib. § 12.
ice and snow thrown into street, to be spread about, ib. § 13.
swimming, exposed to view from street, forbidden, ib. § 14.
games of chance in street, forbidden, ib. ^15.
no person to sell fi'uit, &c., in street &c., without license, ib, § 15.
discharge of fire-arms within fifty rods of any building, forbidden, ib. ^ 16.
explosion of crackers, &c., in street, &c., forbidden ; also bonfires, ib. § 17,
disorderly conduct, of various kinds, forbidden, ib. § 18.
water from spout, not to be cast on passengers, ib. § 19.

336 INDEX.

STKEETS—

lamp-posts, trees, fences, &c., not to be injured, ib. § 20.

posts not to be erected in any street, &c., except, «&c., ib. § 21.

awnings to be at least 7^ feet high, and not to extend, &c., ib. § 22.

horses and cattle not to go at large, ib. § 23.

no fence or building to be erected, without ascertaining bounds, ib. § 24.

blasting of rocks, &c., forbidden, without license, ib. § 25.

riding upon back of vehicles forbbidden, ib. § 26.

gates not to swing into street, Ord. 23.

surveyors of highways, how elected, Ord. 3.
names of, at present, 263.

commissioner of streets, appointment and duties, Ords. 40, 65.
his name and salary, 263.

joint committee on streets, their names, 260.

expenditures for repairs of streets, in past years, 291.

see Statutes, Geneeal.
SUPERINTENDENT of almshouse, name and salary, 264.

of sewers, name and salary, 263.

of burial grounds, name, 267.
SURVEYORS OF HIGHWAYS, election of, Ord. 3.

names of, 263.
SWIMMING and bathing, when exposed to view, forbidden, Ord. 13, § 14.
SWINE, not to be kept without a permit signed by the mayor, Ord. 59.
TAXES, assessment, apportionment, and collection of, 14, Ord. 8.

amount in past years, 283 — 288.
TOMBS AND GRAVES, Ords. 12, 26, 29.
TREASURER AND COLLECTOR, election of, 11.

compensation fixed by city council, 11.

shall collect and receive accounts due to city, Ord. 6, §§ 5, 7.

shall give bonds for forty thousand dollars, Ord. 6, § 9.

shall keep neat and orderly accounts, Ord. 6, § 10.

name and salary of, 264.
TREASURY, no money to be paid from, but on order of the mayor, Ord. 6.

department, names of treasurer, assessors, &c., 264.
TRUANT CHILDREN, statute concerning, 110.

may be fined or committed to almshouse, Ord. 38.
Ord. 70.
UNDERTAKERS, appointed by mayor and aldermen, Ord. 12.

duties of, Ord. 12.

fees of, Ord. 27.

names of, 267.
VACANCIES, in overseers of poor, school committee, and assistant assessors,

how to be filled, 14.
VACCINATION, statutes concerning, 63, 74.
VALUATION OF ESTATES, total, in past years, 283—288.
VAULTS, regulations concerning, Ord. 14, §§ 4, 6, Ords. 36, 60.
VESSELS are not to obstruct Roxbury canal, 42.
VICTUALLERS, mayor and aldermen may license, 11.

INDEX. 337

VOLUNTEEES, statutes in aid of tlieir families, 101, 104, 107, 108, 111.
VOTEES, qualifications of, 47.

lists of, to be prepared, 18, 48.

see Elections.
WAEDS, division of the city into, 4, 27.

boundaries of, 276.

may be altered, if necessary, once in five years, 4, 27.

names of present officers, 275.
WAEDEN, election of, and term of office, 5, 25.

shall preside at ward meetings, 5.

shall take and administer oath of office, 5.

shall sign certificates of election, 7.
WAED MEETINGS, how conducted, 5,

may be adjourned, and when, 7.

issue of warrants for, 6.

form of warrants for, Ord. 2.
WAED OFFICEES, their duties, 51.

instructions for, 278 — 281.
WAED EOOMS, where, 277.
WAEEANTS, for public meetings, 6. ^

form of; service and return of, Ord. 2.
WATCHMEN, how appointed, 53, Ords. 11, 31.

duties and powers of, 54.

compensation fixed by mayor and aldermen, Ord. 11.

persons liable to watch and ward, 55.

persons exempt, 55.

names and pay of watchmen, 268 — 269.
WATEEING STEEETS, joint committee on, 262.
WAYS, city council may lay out, &c., 14.

dedication of, 77. '

see Strkexs.
WEIGHEES OP HAY, Ord. 3.

names of, 270.
WEIGHTS AND MEASUEES, sealing of. See Statutes, General, anal-
ysis of.
WOOD AND BAEK, sale and measurement of, 15, Ords. 3, 28.

measurers of, 270.

43

338

INDEX.

INDEX TO KULES AND ORDERS.

[The figures refer to the page.]

BOARD OF ALDERMEN.

Committees appointed or elected, 242.

standing committees, 242.
Order of business, 241.
Ordinances, their several stages, 241.

rejection, 242.
Suspension of rules, 242.

COMMON COUNCIL.

Committees, appointed or elected, 245.
standing committees, 248.
standing committees shall keep records

of their proceedings, 250.
organization of committees, 248.
special committees to consist of three
members, unless otherwise ordered'
249.
committees to report within four weeks,

or ask further time, 250.
committee of the whole, 248.
Communications, reception of, 248.
Division of question may be called for, 247.
Elections by ballot, 250.
Members, rights and duties of, 246, 247, 248.
shall observe decorum, 246.
shall speak not more than twice to same

question, until, &c., 246.
shall speak but once on previous ques-
tion, 246.
shall vote, unless specially excused, 247.
not obliged to act on more than three
standing committees, 248.
Motions, order of, 244.

shall be reduced to writing, if desired,
247.
Orders, passage of, 249.
Ordinances, passage of, 249.
President, rights and duties of, 243, 244, 245.
pioceodings in absence of, 243.

Previous question, 245.

Questions of different kinds, which to have

precedence, 244.
Reconsideration of vote, 247.
Resolutions, passage of, 249.
Seats of members, how determined, 249.

not to be changed, unless, &c., 249.
Suspension of rules, 247.
Votes, declaration of, 243.
Yeas and nays, shall be called on demand of

one third of the members present, 244.

CITT COUNCIL.

Committees, joint standing, 251.

members of, to be chosen by
their respective boards,
251.
chairmen of, 253.
if chairmen neglect to call
a meeting, what shall be
done, 253.
shall report within four
weeks, or ask further time,
256.
committees of conference, 253.

proceedings in case of non-
concurrence, 253.
Debt, created by what vote, 256.
Orders and resolutions, passage of in either

board, 255.
Ordinances, enacting style of, 253.
titles of, to be prefixed, 255.
proceedings in their passage, 255.
Reports of committees to be made to the board

where the business originated, 254.
Votes, form of, "ordered," or "resolved,"
254.
no reconsideration of, unless, &c., 256.