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

'RESENTED TO THE QQ^/m 










Digitized by the Internet Arciiive 

in 2010 witii funding from 

Boston Public Library 



http://www.archive.org/details/citydocuments643roxb 



THE 



MUNICIPAL REGISTER. 



CONTAINING THE 



CITY CHARTER, LAWS AND ORDINANCES, 
AND RULES OF ORDER 



CITY COUNCIL, 



AND A 



gifet i^f tfo Mixtm d tUt ®itjj ^f fofxhwyj}, 



FOR THE YEAR 



1864. 



KOXBURY: 

L. B. & 0. E. WESTON, PRINTERS, GUILD ROW. 

1864. 



Citg 0f llo^feurn. 



In Common Council, March 28, 1864. 

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

Messrs. Roland Worthington, (the President,) L. Foster Morse, and 
Henry N. Farwell, were appointed on the part of the Council. 

Sent up for concurrence. 

FRANKLIN WILLIAMS, Clerk. 

In Board of Aldermen, March 28, 1864. 
Concurred, and Aldermen Moses H. Day and John F. Newton were 
joined. 

JOSEPH W. TUCKER, City Clerk. 



CITY CHARTER. 



COMMONWEALTH OF MASSACHUSETTS 



In th.e Tear One Tbonsand Sigbt Hundred and Forty-SiXt 



An Act to Establish the City of Eoxbury. 

Be it enacted hy the Senate and House of Repre- 
sentatives in General Court assembled, and by 
the authority of the same, as follows : 

Section 1. The inhabitants of the town of ?°^^".'7to 

be a City. 

Roxbury shall continue to be a body politic and 
corporate, under the name of the City of Rox- 
bury, and as such shall have, exercise and enjoy 
all the rights, immunities, powers and privi- 
leges, and shall be subject to all the duties and 
obligations, now incumbent upon and appertain- 
ing to said town as a Municipal Corporation. 

Sect. 2. The administration of all the fiscal, tlo^jo'br" 
prudential and municipal affairs of said City, Mayor,''' 

Aldermen 

with the government thereof, shall be vested in «"d common 

c3 ' Council. 

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,f 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 there joint capacity, shall be denominated the 
city council, and the members thereof shall be 
sworn to the faithful performance of the duties 
of their respective offices. A majority of each 
board shall constitute a quorum, for doing busi- 

withouTpay.iisss, and no member of either board shall re- 
ceive any compensation for his services. 

Svide"the Sect. 3. It shall be the duty of the select- 

walds'."'" men of the town of Eoxbury, as soon as may 
be, after the passage of this act, and its accept- 
ance by the inhabitants, as hereinafter provid- 
ed, to divide said town into eight wards,* as 
follows, to wit : first, 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 j by drawing a line in the same manner 
between the first and third parishes, and divid- 
ing the third parish into two wards, to contain 
as nearly as may be convenient, an equal num- 
ber of inhabitants ; and, third, by dividing the 
first parish into five wards, as nearly equal in 
number of inhabitants as may be consistent 
with convenience in other respects. 

Toberevised ^^^ {^ gl^^ll bo tho dutv of the city council, 

every nve J J ' 

coundL*^''^ 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, however, that 
the second parish shall always constitute at 
least one ward, and the third parish shall con- 

* Five Wards. Amdt. of 1852, sec. 1. 



CITY CHARTEE 



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

Sect. 4. On the second Monday in March,* ancTdutks 
annually, there shall be chosen by ballot, inandci«k" 

■^ and Inspec- 

each of said wards, a warden, clerk, and three to^^^^^^f ^lec 
inspectors of elections, residents of wards in 
which they are chosen, who shall hold their 
of&ce for one year,t 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 should not be present, the 
clerk of such ward shall call the meeting to 
order, and preside until a Avarden pro 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 ofi&ce all such records and journals, together 
with all other documents and papers held by 
him in said capacity. And it shall be the 
duty of the inspectors of elections to assist the 
warden in receiving, assorting and counting 
the votes. And the warden, clerk and inspect- 
ors so chosen, shall respectively make oath or 
affirmation, faithfully and impartially to dis- 
charge their several duties, relative to all elec- 
tions, which oath may be administered by the 
clerk of such ward, to the warden, and by the 

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



6 



CITY CHARTER. 



Warrants 
for Ward 
and City 
meetings. 



Elections 
of Mayor 
and City 
Council. 



Proceedings 
at Ward 
mceting-s. 



warden to the clerk and inspectors, or by any 
justice of the peace for the county of Norfolk. 

All warrants for meetings of the citizens for 
municipal purposes, to he 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 coun- 
cil may by any by-law direct. 

Sect. 5. The mayor and eight aldermen, 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 ballot, and shall hold 
their offices for one year from the first Monday in 
April; J and the mayor, until another shall be 
elected and qualified in his place. 

Sect. 6. On the second Monday in March, § 
annually, immediately after a warden, clerk, and 
inspectors!! shall have been elected and sworn, 
the qualified voters in each ward shall give in 
their votes for mayor, aldermen and common coun- 
cilmen, as provided in the preceding section ; and 
all the votes so given, shall be assorted, counted, 
declared and registered in open ward meeting, 

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

X 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. 



CITYCHARTER. 1 

by causing the names of persons voted for, and 
the number of votes given for each, to be written 
in the ward records in words at length. 

The clerk of the ward, within twenty-four hours of Elections 
after such election, shall deliver to the persons 
elected members of the common council, certifi- 
cates of their election, signed by the warden and 
clerk, and by a majority of the inspectors of 
elections, and shall deliver to the city clerk a 
copy of the records of such election, certified in 
like manner ; provided, however, that if the choice 
of common councilmen cannot be conveniently 
effected on that day, the meeting may be adjourn- 
ed from time to time, to complete such election.* ^^ 

The board of aldermen shall, as soon as may be 
convenient,, examine the copies of the records of 
the several wards, certified as aforesaid, and shall 
cause the person who may have been elected 
mayor, to be notified in writing of his election ; 
but if it shall appear that no person has received 
a majority of all the votes, or if the person elected 
shall refuse to accept the office, the board shall is- . 
sue their warrants for a new election, and the same 
proceedings shall be had as are hereinbefore pro- 
vided, for the choice of mayor, and repeated 
from time to time, until a mayor is chosen. 
; In case of the decease, resignation or absence ^o^^^pp^^, 
of the mayor, or his inability to perform the duties May 
of his ofiice, 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 

* Other Vacancies filled in like mariner. Amdt. of 1850, sec. 3. 



cy in 
the office of 



and Alder- 
men. 



CITY CHARTER, 

another is cliosen, or until the occasion causing 
the vacancy is removed. 

And if it shall appear that the whole number 
of aldermen have not been elected, the same pro- 
ceedings shall be had, as are hereinbefore pro- 
vided for the choice of mayor. Each alderman 
shall be notified in writing, of his election, by 
the mayor and aldermen for the time being. 
Mayor's ^hc Oath prcscribcd by this act shall be admin- 

istered 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 
H in the forenoon, meet in convention, when the oath 
required by this act shall be adminstered to the 
members of the two boards present, by the mayor 
or by any justice of the peace for the county of 
Norfolk, and a certificate of such oath having been 
taken, shall be entered on a journal of the mayor 
and aldermen, and of the common council, by 
their respective clerks, 
convenuon "^^^ whcnevcr it shall appear that no mayor 
Mayor"k has bccn elected previously to the said first Mon- 
day 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 shall read 
at the opening of the convention to be held as 
aforesaid. 
tiorofThe After the oath has been adminstered as afore- 
councTi? said, the two boards shall separate; and the 
common council shall be organized by the choice 

* First Monday of January. Amdt. of 1860, sec. 1. 



In absence 



CITY CHARTER. 

of a president and a clerk, to hold their office dur- 
ing the pleasure of the common council, and to be 
sworn to the faithful performance of their duties. 

In case of the absence of the mayor elect, on o? M^yor 
the first Monday of April,* the city government meeting, 
shall organize itself in the manner hereinbefore 
provided, and may proceed to business in the 
same manner as if the mayor were present, and 
the oath of office may be adminstered to the mayor 
at any time thereafter in a convention of the two 
branches. 

In the absence of the mayor, the board of J'j";^^ 
aldermen may choose a chairman joro tempore, who 
shall preside at joint meetings of the two boards. 

Each board shall keep a record of it's own pro-?=^j<=j'^^°=i'^'^ 
ceedings, and judge of the election of its owUofTts'own 
members ; and in failure of election, or in cases &c. 
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- ^ayor."^ 
fied, shall be the chief executive officer of said 
city.f 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 alder- 
men and common council, or either of them, 

* First Monday of January, Amdt. of 1860, sec, 1, 
t To hold office until another is chosen. Amdt. of 1850, sec, 7, 
and Amdt. of 1852, sec. 3. 
2 



10 CITY CHARTER. 

when necessary in his opinion, by causing notices 
to be left at the places of residence of the several 
members; he shall communicate, from time to 
time, to both of them, such information, and 
recommend such measures, as in his opinion the 
interests of the city may require ; he shall pre- 
side in the board of aldermen, and in convention 
of the two branches, but shall have only a cast- 
ing vote. 

Compensa- rjij^^ ^^^^^^ ^f ^^^ ^^^^^ ^^^ ^^iQ first yCar lu 

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 
^p^ohTted other compensation : provided, however, that the 
sioner'of clty couucll shall have power to appoint the 

Hig-hways. 

mayor commissioner of highways, when, in their 
opinion, such an office is necessary, and allow 
him a suitable compensation therefor. 
Executive Sect. 8. Tho cxccutive power of said city 

power in the J- •' 

Aidermenf generally, and the administration of the police, 
with all the powers heretofore vested in the select- 
men of Eoxbury, shall be vested in the mayor 
and aldermen, as fully as if the same were here- 
in specially enumerated. 

officMs. *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 

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



CITY CHARTER. 11 

police officers ; and the same to remove at 
pleasure. 



And the mayor and aldermen may require any 



Constables' 
bonds. 



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 pro- 
vided in case of constables' bonds taken by the 
selectmen of towns . 

And the mayor and aldermen shall have the ^^'=«'^^«^- 
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 Jj^^'^^^p"^"* 
their organization as may be convenient, elect, °^'"'''^- 
by joint ballot in convention, a treasurer and col- 
lector 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 ap- 
pointments other provision is not herein made, 
define their duties and fix their compensations. 

All sittings of the common council shall bepubucf 
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 mon- 
eys be paid from the treasury, unless granted or 
appropriated ; shall secure a just and proper ac- 
countability by requiring bonds, with sufficient 



12 CITYCHARTEE. 

penalties and sureties, from all persons trusted 
with the receipt, custody or disbursement of mon- 
ey ; 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 prop- 
erty, real or personal, in the name and for the 
use of the city, whenever its interest or con- 
venience may, in their judgment, require it. And 
the city council shall, as often as once in a year, 
cause to be published, for the use of the inhabi- 
tants, a particular account of the receipts and 
expenditures, and a schedule of city property. 

^omrnate. Sect. 9. Li all cascs in which appointments 
are directed to be made by the mayor and alder- 
men, the mayor shall have the exclusive power 
of nomination ; such nomination, however, being 
subject to be confirmed or rejected by the board 

cit^councH ^^ aldermen : provided, however, that no person 

tooffiilfof shall be eligible to any office of emolument, the 
salary of which is payable out of the city treasu- 
ry, who, at the time of such appointment, shall 
be a member of the board of aldermen or of the 
common council. 

City Clerk. Sect. 10. Tlic clty clcrk shall also be clerk 
of the board of aldermen, and shall be sworn to 
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 in- 
cumbent 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 



C I T Y C H A R T E R . 13 

qualified in his place ; but may be at any time 
removed by the city council. 

Sect. 11. The qualified voters of each ward,fhrpooT°^ 
at their respective annual ward meetings for the 
choice of officers, shall elect by ballot one per- 
son in each ward to be an overseer of the poor, 
who shall be a resident of said ward ; and the 
person thus chosen, together with the mayor, 
shall constitute the board of overseers of the poor, 
and shall have all the powers and be subject to 
all the duties now by law appertaining 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 committee : and the 
persons thus chosen shall constitute the school 
committee, and have the care and superintend- 
ence of the public schools.* 

The qualified voters shall, at the same time Asfess^'oM. 
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 of the 
persons so chosen to furnish the assessors with 
all necessary information relative to persons and 
property taxable in their respective wards, and 
they shall be sworn to the faithful performance 
of their duty. 

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



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



14 CITYCHARTEE. 

may"make ^H taxGS sliall be assessed, apportioned and 
vki'Drfor"' collected in the manner prescribed by law rela- 

collection 

of Taxes, tive to town taxes : provided, however, that it 
shall be lawful for the city council to establish 
further and additional provision for the collection 
thereof. 

hoTfiUed. Should their 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 provided 
for filling vacancies in the senate of this Com- 
monwealth. 

Highways. Sect. 12. Thc clty council shall have exclu- 
sive authority and power to lay out any new street 
or town way, and to estimate the damages 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. 

Count)*" And any person dissatisfied with the decision of 

sionws!" the city council in the estimate of damages, may 
make complaint to the county commissioners of 
the county of Norfolk, at any meeting held with- 
in one year after such decision ; whereupon the 
same proceedings shall be had as are now pro- 
vided by the laws of the Commonwealth in cases 
where persons are aggrieved by the assessment 
of damages by selectmen, in the twenty-fourth 
chapter of the Revised Statutes. 

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

law vested in the board of health for the town of 
Roxbury, or in the selectmen of said town, shall 



/ CITYCHARTER. 15 

be transferred to, and invested in the city coun- 
cil, to be carried into execution in such manner 
as the city council shall deem expedient. 

Sect. 14. The city council shall have author- sewe^." 
ity 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 persons 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 „" '[^''^ber, 
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 penalties, for^breach "f 
accruing for the breach of any by-laws of the city &cf ^^^"^^ 
of Roxbury, or of any of the ordinances of the 
city council, or of any of the orders of the mayor 
and aldermen, may be prosecuted for and re- 
covered before any justice of the peace in said 
city of Roxbury, by complaint or information in 
the name of the Commonwealth, in the same way 
and manner in which other criminal offences are 
now prosecuted before the justices of the peace 
within this Commonwealth ; reserving, however, 
in all cases, to the party complained of and pros- 
ecuted, 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- 



16 CITY CHARTER. 

dred and thirty- eighth chapter of the Revised 
Statutes of this Commonwealth. 

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

All fines, forfeitures and penalties so recovered 
and paid, shall be paid to the treasurer of the 
city of Roxbury, and shall enure to such uses as 
said city council shall direct. 

When any person upon any conviction before 
a justice of the peace, for any breach of any by- 
laws of said city of Roxbury, or any of the ordi- 
nances 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 for- 
feiture, provided by any such by-law, ordinance 
or order, or upon claiming an appeal, shall fail 
to recognize for his appearance at the court ap- 
pealed to, and there to prosecute his appeal and 
to abide the sentence or order of the court there- 
on, and in the meantime to keep the peace and 
be of good behavior, and upon not paying the 
fine, penalty or forfeiture, and costs so assessed 
upon him, he shall be committed to prison, there - 
to remain until he or she shall pay such fine, 
forfeiture or penalty and costs, or be otherwise 
discharged according to law. 

The provisions of this section shall also apply 
to all prosecutions founded on the by-laws, or 
ordinances of the town of Roxbury, which may 



CITY C H A R T E R . 17 

continue in force after this act shall go into 
operation. 

Sect. 16. It shall be the duty of the city fi^eT""'" 
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 con- 
clusive, and the number thus determined shall 
be specified in the warrant calling meetings for 
the election of representatives. 

Sect. IT. All elections for County, State, rtTndlftIr 
and United State officers, who are voted for by "lecuoif of 

County, 

the people, shall be held at meetings of the citi- ^t^^'lf^.^^j"^ 
zens qualified to vote in such elections, in their °"'"'''" 
respective wards, at the time fixed by law for 
these elections respectively ; and at such meet- 
ings 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, and the num- 
ber 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, examine and compare all 
said returns, and make out a certificate of the 
result of such elections, to be signed by the mayor 
and a majority of the aldermen, and also by the 
■ city clerk, which shall be transmitted or delivered 
in the same manner as similar returns are by law 



18 CITYCHARTER. 

directed to be made by selectmen of towns. And 
in all elections for representatives to the General 
Court, in case the whole number proposed to be 
elected shall not be chosen by a majority of the 
votes legally returned, the mayor and aldermen 
shall forthwith issue their warrant for a new 
election, conformably to the provisions of the 
Constitution, and the laws of the Common- 
wealth. 

ylllrl Sect. 18. Prior to every election the mayor 

and aldermen shall make out lists of all the citi- 
zens of each ward qualified to vote in such elec- 
tions, in the manner in which selectinen of towns 
are required to make out lists of voters ; and 
for that purpose they shall have full access to 
the assessors' books and lists and be entitled to 
" the assistance of all assessors, assistant assessors, 
and the city officers, and they shall deliver said 
lists, so prepared and corrected, to the clerks of 
said wards, to be used at such elections; and no 
person shall be entitled to vote whose name is 
not borne on such list. 

Meetings of Sect. 19. Geucral meetine-s of the citizens 

the citizens. c) 

qualified to vote, may, from time to time, be held, 
to consult upon the public good ; to instruct 
their representatives, and to take all lawful 
measures to obtain redress for any grievances, 
according to the right secured to the people by 
the Constitution of this Commonwealth. And 
such meetings may and shall be duly warned, 
by the mayor and aldermen, upon the requisi- 
tion of fifty qualified voters. 



CITY CHARTER. 19 

Sect. 20. For the purpose of organizing the fitfon ofthe 
system of government hereby established, andemLenr 
putting the same into operation in the first in- 
stance, the selectmen of the town of Roxbury for 
the time being, shall, on some day during the 
months of March and April of the present year, 
issue their warrants seven days at least previous 
to the day so appointed for calling meetings of 
the said citizens at such place and hour as they 
may deem expedient, for the purpose of choosing 
a warden, clerk and inspectors for each ward, 
and all other ofl&cers whose election is provided 
for in the preceding sections of this act, and the 
transcripts of the records of each ward, specifying 
the votes given for the several officers aforesaid, 
certified by the warden and clerk of such ward, 
at said first 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 new warrants until such elections shall 
be completed ; and to give notice thereof in the 
manner hereinbefore provided to the several per- 
sons elected. And at said first meeting, any in- 
habitant 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 ea^ch ward, 
when elected, to be used as hereinbefore provided. 
And the selectmen shall appoint such time for the 
first meeting of the city council as they may judge 



20 C I T Y C H A R T E R . 

proper, after the choice of city officers as aforesaid, 
or a majority of the members of both branches, in 
the year one thousand eight hundred and forty- 
six, and shall also fix upon the place and the hour 
of said first meeting, and a written notice thereof 
shall be sent, by said selectmen, to the place of 
abode of each of the city officers chosen, as pro- 
vided in this section. And after this first elec- 
tion of city officers, and this first meeting for the 
organization of the city council, as in this section 
is provided, the day of holding the annual elec- 
tions, and the day and hour for the meeting of 
the city council, for the purpose of organization, 
shall remain as provided in the sixth section of 
this act. 

And it shall be the duty of the city council, 
immediately after the first organization, to elect 
all necessary city officers, who shall hold their 
offices respectively until others are chosen and 
qualified ; and at the meetings to be called, as 
prescribed in this section, for the choice of ward 
and city officers, the said inhabitants may, and 
shall also give in their votes for county officers, 
which votes shall be recorded, certified and re- 
turned in the manner provided in the seventeenth 
section of this act. 
citycouncn^ Sect. 21. Thc clty council shall have power 
By-laws, to mako all such salutary and needful by-laws, 
as towns, by the laws of this Commonwealth, 
have power to make and establish, and to annex 
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 



CITY CHARTER. 21 

respectively limited, without the sanction of any 
court, or other authority whatever ; provided, 
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 re- 
vised 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 meeting for the ^^'j|^y°;^^j^ 
town of Roxbury, which by law is required to be and 'lowif ""' 
held in the month of March, or April, is hereby ^oia over, 
suspended, and all town officers noAV in office, 
shall hold their places until this act shall go into 
operation ; and in case this charter shall not be 
accepted in the manner and form as hereinafter 
provided, then the selectmen shall issue their 
warrant according to law, for holding the annual 
town meeting of the inhabitants, in which all the 
proceedings shall be the same as if this act had 
not been passed. 

Sect. 23. All officers of the town of Roxbury, L'!;;?" 
having the care and custody of any records, pa- city cierk. 
pers or property belonging to the said town, 
shall deliver the same to the city clerk, w^ithin 
one week after his entering upon the duties of 
his office. 

Sect. 24. All such acts, and parts of acts, as^Xfi°g„t 
are inconsistent with the provisions of this act, p''"'''"""'- 
shall be, and the same are hereby repealed. 

Sect. 25. Nothing in this act contained shall ^„tf after 
be so construed as to prevent the Legislature from this act!" 



22 CITY CHARTER,. 

altering or amending the same, whenever they 

shall deem it expedient. 
^iVurUess Sect. 26. This act shall be void unless the 
by'^the'' inhabitants of the town of Roxbury, at a legal 

inhabitants. , 

town meeting called for 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. 
tTke effect. ^^^T. 27. Thls act shall go into operation 
from and after its passage. 

[Passed March 12, 1846.] 



ACCEPTANCE OP THE CHARTER. 23 

EXTRACT FKOM THE RECORDS OF THE TOWN 
OF ROXBURY. 

At a meeting of the Freeholders and other Inhabitants 

of the town of Roxbury, qualified to vote in town affairs, 

. duly warned and legally assembled at the Town Hall, in 

said town, on Wednesday, the 25th day of March, A. 

D. 1846. 

Art. 1. John J. Clarke, Esq., was chosen Moderator. 

The Town voted that the Poll be closed at six o'clock 
this day. 

Art. 2. The qualified voters were called upon by the 
Moderator to bring in their ballots, Yea or Nay, for the 
acceptance or rejection of the Act of the Legislature to 
"Establish the City of Roxbury." 

The same being sorted and counted, it appeared that 
the whole number of ballots given in was one thousand 
and twenty-eight. 

Eight hundred and thirty-six Yeas. 

One hundred and ninety- two Nays. 

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

The meeting was then dissolved. 

A true Record. 
Attest: Nath'l S. Prentiss, Town Clerk. 

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

Joseph W. Tucker, City Clerk. 



AMENDMENT. 



COMMONWEALTH OF MASSACHUSETTS 



In the Year One Thousand Eight Hundred and Fifty. 



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

Roxbury. 

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

Sect. 1. The several municipal officers whose election 
by the people is provided for in the act to which this is 
in addition, shall, subsequently to the March election of 
the present year, be chosen on the second Monday of 
December, annually, and shall enter upon the duties 
of their respective offices on the first Monday in Janu- 
ary, each year ; but the officers chosen for the municipal 
year, commencing with the first Monday of April next, 
shall hold their offices only until the first Monday of 
January ensuing. 

Sect. 2. So much of the sixth section of the act to 
which this is an addition, as relates to warden, clerk and 
inspectors, is hereby repealed. 

Sect. 3. Any vacancy in the office of overseer of the 
poor, assistant assessor, or school committee, may be 
filled in the manner provided in the sixth section of that 
act to which this is in addition, for filling vacancies in 
the common council. 



AMElSfDMENT. 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 select- 
men, within and for their respective towns; and the 
lists, when made out by the mayor and aldermen, shall 
be submitted to the common council for concurrent re- 
vision 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 re- 
lating to jurors therein, which are, in the ninety-fifth 
chapter of the Revised Statutes, required to be performed 
by the selectmen and town clerks in their respective 
towns ; and all venires for jurors to be returned from 
Roxbury, shall be served on said mayor and aldermen. 

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

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

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

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



26 ACCEPTANCE OF THE AMENDMENT, 



ACCEPTANCE OF THE AMENDMENT. 

In Boaed op Aldermen, Feb. 25, 1850. 

Ordered, That Aldermen Young and Ward be a com- 
mittee to examine the returns of votes from the several 
wards, as given in this day upon an amendment to the 
city charter, who subsequently reported as follows : 

The special committee to whom was referred the re- 
turns of votes from the several wards, as given in this 
day upon an amendment to the city charter, entitled 
' ' An Act in addition to an Act to Establish the City of 
Roxbury," passed February 12, 1850, submit the fol- 
lowing 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. YOTJNG, 

R. Ward, 



Committee. 



Report read and accepted, and the amendment declared 
to be adopted. 

A true copy from the Record. 

Attest: Joseph W. Tucker, City Clerk. 



AMENDMENT. 



COMMONWEALTH OF MASSACHUSETTS 



In tlie Year One Thousand Eight Hundred and Fifty-Tivo. 



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

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

Sect. 1. The number of wards of said city shall be 
five, and each ward respectively, shall embrace the same 
territory as at present, unless altered as hereinafter pro- 
vided. It shall be the duty of the city council, once in 
five years, to revise, and, if it be needful, to alter said 
wards in such manner as to preserve, as nearly as may 
be, an equal number of voters in each ward. 

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 muni- 
cipal year, whose election is hereinafter provided for, the 
council called the common council, shall consist of twenty. 

Sect. 3. The mayor and eight aldermen, one alder- 
man to be selected from each ward, and three aldermen 



28 AMENDMENT, 

from the city at large, shall be elected annually, by the 
qualified voters of the city at large, voting in their respec- 
tive wards, and four common councilmen shall be elected 
annually from and by the voters of each ward, who shall 
be residents of the wards in which they are elected ; all 
of said officers shall be chosen by ballot, and shall hold 
their offices for one year from the first Monday of January, 
and the mayor until another shall be elected and qualified 
in his place ; all of said officers shall be elected on the 
second Monday of December annually, and shall enter 
upon the duties of their respective offices on the first 
Monday of January each year. 

Sect, 4. There shall be elected, at such time in the 
month of February or March, of the present year, as the 
mayor and aldermen shall appoint, by the qualified voters 
of the city at large, voting in their respective wards, 
three aldermen from the city at large, in addition to those 
already elected from wards, and one common councilman 
shall be elected from and by the voters of each ward, in 
addition to those already elected ; and the common coun- 
cilmen so elected shall be residents of the wards in which 
they are elected ; all of said officers shall be chosen by 
ballot, and shall enter upon the duties of their respective 
offices as soon as may be after their election, and shall 
hold their respective offices until the first Monday of 
January next ; and in case of failure of election, of either 
of said aldermen or common councilmen, or in case of 
vacancy from any other cause, the mayor and aldermen 
shall order a new election for the purpose of filling such 
vacancy, as is provided in the sixth section of the act to 
which this is in addition. 



AMENDMENT. 29 

Sect. 5. This act shall be void, unless the inhabi- 
tants of Roxbuiy, at any general meeting, duly warned 
by public notice, of at least seven days, by the mayor 
and aldermen, shall, (within thirty days from the passage 
hereof,) by written vote, adopt the same. 

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

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

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



30 ACCEPTANCE OPTHE AMENDMENT. 

ACCEPTANCE OF THE AMENDMENT. 

EXTRACT FROM THE RECORDS OP THE CITY OF ROXBURY. 

At a meeting of the Inhabitants of the City of Rox- 
buiy, qualified to vote in elections, duly warned and 
legally assembled at the City Hall, in said city, on Mon- 
day, the twenty-third day of February, 1852. 

Art. 1. Laban S. Beecher, Esq., was chosen Moder- 
ator. 

It was voted that the Poll be closed at 7 o'clock. 

Art. 2. The qualified voters were called upon by the 
Moderator to bring in their ballots. Yea or Nay, for the 
acceptance or rejection of the act of the Legislature, en- 
titled "An Act in further addition to an Act to establish 
the City of Roxbury," passed Feb. 11, 1852. 

The same being sorted and counted, it appeared that 
the whole number of ballots given in, was two hundred 
and fifty-eight. 

Two hundred and forty-five Yeas. 
Thirteen Nays. 

Whereupon the Moderator then declared that the "Act 
in. further addition to an Act to establish the City of Rox- 
bury," had been accepted by the people. 
The meeting was then dissolved. 
A true Record. 

Joseph W. Tucker, City Clerk. 



SPECIAL LAWS. 



An Act relating to a Public Cemetery in the City of 

Roxbury. 

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

Sect. 1. The city council of Roxbury is hereby au- 
thorized 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 manage- 
ment of the Rural Cemetery, established by said city 
council ; one member of which board shall go out of office 
each year, and one member shall be chosen annually in 
the month of March : but said board or either member 
thereof, after having had an opportunity to be heard in 
his or their defence, may be removed at any time, by a 
concurrent vote of two-thirds of each branch of the city 
council ; and in case of a vacancy in said board of com- 
missioners, by death, resignation, 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 deceased, resigned or removed, would have 
held the same. Said board may be organized by the 



32 S P E C I A L L A VV S . 

choice of a chairman and secretary from their own num- 
ber, and a major part of said board shall constitute a 
quorum for the exercise of the powers and the perform- 
ance 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 commis- 
sioner 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 sub- 
divisions, for family or other burying places, with all the 
necessary paths and avenues, and may plant and embel- 
lish the same with trees, shrubs, flowers, and other rural 
ornaments, and may enclose and divide the same with 
proper fences, and erect or annex thereto such suitable 
edifices, appendages and conveniences, as they shall from 
time to time deem expedient ; and said board may make 
all necessary by-laws, rules and regulations, in the exe- 
cution of their trust, not inconsistent with this act and 
the laws of the Commonwealth, as they shall deem ex- 
pedient. 

Sect. 3. Said board of commissioners shall have au- 
thority to grant and convey to any person or persons, by 
deeds duly executed, the sole and exclusive right of 
burial, and of erecting tombs, cenotaphs, and other mon- 



SPECIAL LAWS. 33 

uments in any of the designated lots or subdivisions of 
said cemetery, upon such terms and conditions as they 
shall by their rules and regulations prescribe. 

Sect. 4. The proceeds of sales of lots or rights of 
burial in said cemetery, shall be paid into the city treas- 
ury, to be kept separate from any other funds of the city, 
and subject to the order of said commissioners, and such 
proceeds shall be devoted to the liquidation of the debt 
incurred in the purchase of the land for said cemetery, 
and to the improvement and embellishment thereof, as 
aforesaid, under the direction of said board of com- 
missioners. And no other moneys shall be appropriated 
from the city treasury by the city council, for such im- 
provement and embellishment. 

Sect. 5. Said board of commissioners shall annually," 
in the month of February, and whenever required by the 
city council, make and render a report in Avriting of all 
their acts and proceedings, and of the condition of the 
cemetery, and an account of the receipts and expendi- 
tures for the same, and the funds subject to their order. 

Sect. 6. This act shall be void unless the city 
council of Roxbury shall accept the same at a meeting 
of said city council, called for that purpose, within 
thirty days after its passage. 

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

[Approved by the Governor, March 24, 1848.] 
[Accepted by the City CounciLJ 

/ 



34 SPECIAL LAWS. 

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

Be it enacted, Sfc, as follows : 

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 herein- 
after 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, un- 
less sooner annulled by said mayor and aldermen ; and 
said mayor and aldermen may at. any time annul said 
licenses for good cause ; and said mayor and aldermen 
may at any time within the year for which the said 
license may be granted, or from year to year, renew the 
same. For each original license there shall be paid a 
fee of five dollars, and for each renewal thereof a fee 
of one dollar, to be paid to the treasurer of said city. 

Sect. 3. The mayor and aldermen may make and 
establish rules and regulations relative to the times and 
places of transporting gunpowder in, through and over 
said city, or any part thereof, either by land or water ; 
the kind of carriages, boats, ships or vessels, in and by 
which the same shall be transported; the manner in 
which gunpowder shall be kept by such persons as have 
been licensed to keep the same ; and all such other rules 
and regulations relative to the keeping or transportation 
of gunpowder in said Roxbury, except in the perform- 



H P E C 1 A 1. L A W S . 35 

ance 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 
provided by the one hundred and eighteenth chapter of 
the Revised Statutes, for the " seizing and libelling 
of forfeited goods ; ' ' and the same proceedings shall be 
had upon and in pursuance of said libel, as are provided 
in said chapter, from the twentieth to the thirty-fifth 
sections thereof, both inclusive, so far as said proceed- 
ings may conveniently be applied to the article of gun- 
powder ; and all the provisions of that portions of said 
chapter above referred to shall be in force in relation to 
the seizure of gunpowder as above provided, as fully as 
if the article of gunpowder were specially mentioned 
therein. 

Sect. 6. Either of the engineers of the fire depart- 
ment of said city, may at any time enter the place of 
business of any party licensed to keep gunpowder, for 
the purpose of ascertaining whether or not the provisions 
of this act, and the conditions of such party's license, 
have been duly observed and complied with. 

Sect. 7. The rules and regulations hereinbefore re- 
ferred to, relative to the transportation and keeping of 
gunpowder in said city, shall be posted up in reasonable 
time after the making thereof, in not less than eight 



36 SPECIAL LAWS. 

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 Eoxbury to the 
City of Boston. 

Be it enacted, Spc, as follows: 

Sect. 1. The boundary line between the city of Bos- 
ton and the city of Eoxbury, southeasterly of Harrison 
Avenue, is hereby altered and established as follows, to 
wit : — beginning at a point in the present boundary 
line, at the centre of the Eoxbury 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 south- 
easterly, and in the range of the westerly side of Wor- 
cester 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 Eoxbury 
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 Suffolk : 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 Eoxbury ; and that all the inhabitants re- 
siding upon it shall, until otherwise constitutionally pro- 
vided, always enjoy in relation to the election of sena- 
tors, all the rights and privileges of, and in relation to, 



SPECIAL LAWS. 37 

voting in the said city of Roxbury, 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 cor- 
ner of said territory. 

Sect. 2. The mayor and aldermen of the city of Bos- 
ton 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 senatorial 
election, correct lists, so far as maybe ascertainable 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 Roxbury ; 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 w^hich a 
false return shall have been made, to be recovered in 
the same manner as is provided by the fourth section of 
the third chapter 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 SPECIAL LAWS. 

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

Be it enacted, Sj-c, asfotlows: 

Sect. 1. The board of commissioners of the Rural 
Cemetery in Roxbury, elected by the city council, pur- 
suant 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 prop- 
erty upon trust, to apply the same, or the income there- 
of, 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 pur- 
poses for which said cemetery is established, according 
to the terms of such grant, donation or bequest; and 
whenever any such grant, donation or bequest, or any 
deposit shall be made by the proprietor of any lot in 
said cemetery, for the annual repair, preservation or 
embellishment of such lot and the erections thereon, the 
said commissioners may give to such proprietor, or his 
representative, an agreement or obligation, in such form, 
and upon such terms and conditions as they may establish, 
binding themselves and their successors to preserve and 
keep in repair said lot forever, or for such period as may 
be agreed on. 

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



SPECIAL LAWS. 39 

property received under the provisions of the foregoing 
section (unless other provision is made by the terms of 
any such grant, donation or bequest) shall be made 
under the charge of said city treasurer, but shall always 
remain separate from and independent of any other 
moneys or property belonging to the city of Roxbury, 
and free from the control of the city council. And the 
income of such fund or funds shall be received by said 
treasurer, subject to the order of said commissioners, 
and shall be 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 treasurer 
of said city in the execution of any trust which they 
may assume pursuant to the foregoing provisions. But 
said commissioners shall not be liable to make any re- 
newal or reconstruction of any monument, or other erec- 
tion, 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 
council of Roxbury shall accept the same at a meeting 
of said council called for that purpose, within thirty 
days after its passage. 

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

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



40 SPECIAL LAWS. 

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

Be it enacted, Sj-c, as follows : 

Sect. 1. The city of Boston is hereby authorized to 
construct and maintain a bridge over Roxbury 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 Roxbury : provided, that 
said bridge shall be furnished with a draw of such 
dimensions, and built in such manner, as shall be ap- 
proved by a commissioner to be appointed by the Gov- 
ernor, 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 
Roxbury. 

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 Roxbury, passed the twenty-first day of April, in the 
year eighteen hundred and forty-eight, any gunpowder 
shall be seized and libelled, and upon the trial it shall 
appear that such gunpowder was lawfully seized, the 
same shall be decreed to be forfeited, and shall be dis- 
posed of according to the provisions of the one hundred 



SPECIAL LAWS. 41 

and eighteenth chapter of the Revised Statutes con- 
cerning the seizing and libelling of forfeited goods. 

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

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



An Act relating to the Public Cemetery of the City of 

Roxbury. 

Be it enacted, ^c, as follows : 

Sect. 1. The real estate belonging to the Forest Hills 
Cemetery, purchased by the commissioners of said Forest 
Hills Cemetery, of Joel Seaverns, in pursuance of an 
order of the city council of the city of Roxbury, passed 
on the twenty-seventh of September, in the year eigh- 
teen hftndred 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 follows : 

Sect. 1. The engineers of the fire department of the 
city of Roxbury, shall have the same authority in regard 
to the prevention and extinguishment of fires, and the 
performance of other offices and duties, as are now con- 

6 



42 S P E C I A L I. A W S . 

ferred upon fire-wards, by the statutes of this Common- 
wealth. 

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 com- 
bustible materials are deposited, and to require the 
removal of such materials, or the adoption of suitable 
safeguards against fire. And the city council of said 
city, are hereby authorized to make suitable ordinances, 
on the subject referred to in this section, and to annex 
penalties, not exceeding twenty dollars, for the breach 
thereof. 

Sect. 3. Nothing in this act contained, shall be con- 
strued as taking away any right, power or authority now 
given by law to the engineers, or other officers of said 
fire department. 

Sect. 4. This act shall be void, unless tljp city 
council of said city, shall, by a concurrent vote, accept 
the same within sixty days from and after its passage. 

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



An Act relating to a Channel called the " Roxbury 

Canal." 

Be it enacted, ^c, as follows : 

Sect. 1. No vessel entering into, or being in the 
channel, situated partly in Roxbury and partly in Bos- 
ton, known as the " Roxbury Canal," shall occupy such 
a position therein, as unnecessarily or unreasonably to 
obstruct the passage of any other vessel in said channel ; 
and for every offence against the provisions of this sec- 



S P E C I A L L A W S . 43 

tion, tlie master, commander or owners of such vessel so 
obstructing as aforesaid, or either of 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 un- 
necessarily 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 master, 
who shall hold his office for one year, and until another 
shall be appointed in his place, or until he shall be re- 
moved by the city council ; and before entering 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 aldermen 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 aldermen, to perform his 
duties during said sickness or disability ; and said har- 
bor master shall be allowed and paid quarterly, out of 



44 SPECIAL LAWS. 

the city treasury, such salary 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, relating 
to said channel. 

Sect. 6. Any person w^ho shall obstruct said harbor 
master in the performance of any of his duties, or shall 
neglect or refuse to obey any lawful order made by said 
harbor master, shall be subject to a penalty not exceed- 
ing 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 informa- 
tion, 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 judgment 
and sentence of said court, to the court of common 
pleas, next after such conviction, to be held within and 
for the county of Narfolk ; 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 judgment and 
sentence of said police court in criminal cases. 

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



SPECIAL LAWS. 45 

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

Be it enacted^) ^c, as follows : 

Sect. 1. The mayor and aldermen of the city of Rox- 
bury are hereby authorized and empoAVered to construct 
sidewalks in any of the streets in said city, and to furnish 
all edge stones for the same, and to assess the expefese 
of all such edge stones upon the owners of land abutting 
on the sidewalks so constructed, in proportion to the 
length of lines of their respective estates ; 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 having competent jurisdiction in 
the premises. 

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

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

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



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 follows : 

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 



46 SPECIALLAWS. 

boundary line with the easterly side of Shawmut Ave- 
nue ; thence crossing said avenue to a point twenty-five 
feet distant from the southwesterly side of Hammond 
Street at its intersection with Shawmut Avenue ; thence 
parallel with the southwesterly side of Hammond Street, 
to the westerly side of Tremont Street; and thence 
ruiming by the westerly side of Tremont Street, till it 
intersects the present boundary line between the two 
cities ; and all the land in Koxbury northeasterly 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 apportion- 
ment for the choice of senators 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.] 



An Act to Authorize the City of Roxbury to fill up the 
Dock at Roxbury Point. 

Be it enacted, ^c, as follows: 

Sect. 1. The city of Roxbury is hereby authorized 
to fill up with gravel or other suitable material, the dock 
situated in that part of said city known as Roxbury 
Point, and lying between the city wharf, so called, on 
the northwest, and the wharf or land of the trustees of 
the grammar school, in the easterly part of the town of 



SPECIAL LAWS. 47 

Roxbury, on the southeast, and southwesterly of a 
straight line drawn from the northeasterly corner of said 
city wharf, to the northwesterly corner of said wharf of 
said trustees. 

Sect. 2. The rights of the respective owners and 
lessees of said dock, and of the wharves and lands ad- 
jacent thereto, as against each other, shall not be affected 
by the provisions of this act, nor shall the rights of any 
person be impaired thereby. 

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

[Approved by the Governor, May 13, 1864.] 



GENERAL STATUTES. 



Of the Qualification of Electors. 

Sect. 1. Every male citizen of twenty-one years of 
age and upwards, (except paupers, persons under guar- 
dianship, and persons excluded by articles twenty and 
twenty-three of the amendments to the constitution,) 
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 Con- 
gress, or electors of President and Vice-President, and 
who has paid, by himself, his parent, master, or guar- 
dian, a state or county tax assessed upon him in this 
state within two years next preceding such election, and 
every citizen exempted from taxation but otherwise 
qualified, shall have a right to vote in all such elec- 
tions; 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 payment 
of any state or county tax, and of the time of such pay- 
ment ; and upon request shall deliver to the person pay- 
7 



50 GENERAL STATUTES. 

ing the same a receipt specifying his name and time of 
payment; and such receipt shall be admitted as pre- 
sumptive 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 elections, and 
once not more than twenty nor less than fifteen days 
before the Tuesday next after the first Monday in No- 
vember, return to the mayor and aldermen and select- 
men of their respective cities and towns, an accurate 
list of all persons from whom they have received pay- 
ment of any state or county tax, subsequently to the 
time appointed for making their last preceding return. 

vSect. 4. Every collector neglecting to make such 
return shall forfeit one hundred dollars for each neglect ; 
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 November an- 
nually, 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 reason- 
able time, within forty-eight hours next preceding all 
meetings for the elections of the officers aforesaid, for 
the purpose of receiving evidence of the qualifications 
of persons claiming a right to vote in such elections, 



GENERAL STATUTES. 51 

and of correcting the lists of voters. Such session 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 selectmen 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 per- 
son known to them not to be qualified. 

Sect. 9. The mayor and aldermen and selectmen be- 
fore entering upon the lists the name of a naturalized 
citizen, shall require him to produce for their inspection 
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 an- 
swer 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 
persons returned to them by the collectors, shall not be 
answerable for any omissions therefrom. 



52 GENERAL STATUTES. 

Sect. 12. A city or town officer who wilfully neglects 
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 
subject 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 relating 
to towns, shall apply to cities so far as they are not in- 
consistent with the general or special provisions relating 
thereto ; and cities shall be subject to the liabilities, and 
city councils shall have the powers of towns ; the mayor 
and aldermen shall have the powers and be subject to 
the liablities of selectmen, and the city clerks, treasurers, 
and other city officers, those of corresponding town ofB.- 
cers, 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 division 
of wards in a city, the ward, officers chosen under the 
preceding division shall officiate in the numerical ward 
for which they were chosen, and shall continue to act 
there until others are chosen and qualified in their stead. 

Sect. 5. Officers chosen at a meeting called by the 
mayor and aldermen of a city, after such new division 



GENERAL STATUTES. 53 

into wards, shall hold their offices until the next annual 
meeting, and until others are chosen and qualified in 
their stead. 

Sect. 6. If, at or after the time for the mayor and 
aldermen of a city to enter upon the discharge of their 
duties, it appears that the mayor or the full number 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 aldermen 
that there is a vacancy, either in their board, the com- 
mon council, or any city or ward office, to be filled by 
popular election, they shall issue their warrant for elec- 
tions to fill such vacancy at such time and place as they 
deem advisable. 

Sect. 9. Ward officers authorized to act at elections, 
shall attend and perform their respective duties at the 
times and places appointed for elections of officers, 
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 meeting, the office may be 
filled pro tempore, by the voters present, by nomination 
and hand vote if they so determine. 

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. 



54 GENERAL STATUTES. 

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 choseUj 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 newspaper 
printed in the city or in the county in which the city is 
situated. 

Sect. 14. The mayor and aldermen of a city may 
make rules and orders for the regulation of all carriages 
and vehicles used either wholly or in part therein, 
whether with or without animal power, with penalties 
for violations thereof, not exceeding twenty dollars for 
one offence ; and may receive annually one dollar and 
no more for each license, granted by them to a person to 
set up and use any carriage or vehicle within such city. 
Such rules shall not take effect until they have been 
published at least one week in some newspaper 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. 



GENERAL STATUTES, 55 

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 committed 
on any public building or enclosure within the limits of 
the city. 

Sect. 16. No new division of wards in any city com- 
prising more than one representative district, shall be 
made prcAdously to the next apportionment of senators 
and representatives. 

Sect. 17. In laws relating to cities, the words mayor 
and aldermen shall in their application to the city of Bos- 
ton, unless provision is otherwise made, be construed 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 qualifications of 
the persons to be employed for that purpose. The 
mayor and aldermen or selectmen shall appoint a suita- 
ble person to be officer of the watch, and direct the 
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 



56 GENERAL STATUTES. 

are going ; may disperse any assembly of three or more 
persons, and enter any building for the purpose of sup- 
pressing a riot or breach of the peace therein. Per- 
sons so suspected and not giving a satisfactory account 
of themselves, persons so assembled and not dispersing 
when ordered, and persons making, aiding, or abetting 
in a riot or disturbance, may be arrested by the watch, 
and shall thereupon be safely kept, by imprisonment or 
otherwise, until the next morning, and then taken be- 
fore 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 in- 
habited parts of the city or town, to prevent 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 estab- 
lished, 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 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 him 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 sufficient 
estate to hire a substitute, and not exempt, shall be liable 
to watch and ward in his city or town, and shall perform 



GENERAL STATUTES. 57 

the duties, be subject to the liabilities, and have the pow- 
ers of watchmen as the same are defined in this chapter. 

Sect. 6. Justices of the peace, mayors, aldermen, 
selectmen, sheriffs, settled ministers of the gospel, and 
persons Kving 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 neglecting or refusing to ap- 
pear and do duty personally or by sufficient substitute, 
and constables or officers or members of the watch refus- 
ing to execute and observe proper orders, shall forfeit 
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 consist of 
not less than three nor more than nine persons ; 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 council, 
or a joint or separate committee of their body, a board 
of health, either for general or special purposes, and may 
prescribe the manner in which the powers and duties of 



58 GENERAL STATUTES. 

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 perforin the 
duties prescribed to boards of health in towns. 

Sect. 3. Every board of health may appoint a phy- 
sician 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 regulate all 
fees and charges of persons employed by it in the execu- 
tion of the health laws and of its own regulations. 

Nuisances, Contagion, 8^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 con- 
taining or conveying infection or contagion, or of creat- 
ing sickness, brought into or conveyed from its town, or 
into or from any vessel. Whoever violates any such 
regulation shall forfeit a sum not exceeding one hundred 
dollars. 

Sect. 6. Notice shall be given by the board of all 
regulations made by it, by publishing the same in some 
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 



GENERAL STATUTES, 59 

may in its opinion be injurious to the health of the in- 
habitants, and the same shall destroy, remove, or prevent, 
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 pro- 
vided in the following section ; and if the owner or oc- 
cupant 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 removal 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, occupant, 
or agent, if he is known and within the state. But if 
the premises are unoccupied and the residence of the 
owner or agent is unknown or without the state, the 
notice may be served by posting the same on the prem- 
ises 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 permitted the 
same, if he has had actual notice from the board of health 
of the existence thereof. 



60 GENEEAL STATUTES. 

Sect. 11. The board, when satisfied upon due exam- 
ination that any cellar, room, tenement, or building, in 
its town, occupied as a dwelling ^IsLce, has become by 
reason of the number of occupants, or want of cleanli- 
ness, 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 premises within such 
time as the board may deem reasonable. If the persons 
so notified, or any of them, neglect 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 occu- 
pied as a dwelling place without the consent in writing 
of the board. If the owner thereafter occupies or know- 
ingly permits the same to be occupied without such per- 
mission in writing, he shall forfeit a sum not less than 
ten nor more than fifty dollars. 

Sect. 12. When a person is convicted on an indict- 
ment for a common nuisance injurious to the public 
health, the court in their discretion may order it to be 
removed or destroyed at the expense of the defendant, 
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 pending 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 ; 



GENERAL STATUTES. 61 

may enforce such injunction according to the course of 
proceedings in chancery; and may dissolve 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 inhabitants, to 
enter any land, building, or vessel, within its town, for 
the purpose of examining into and destroying, 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 jus- 
tices may thereupon issue a warrant directed to the 
sheriff or either of his deputies, or to any constable of 
such town, commanding him to take sufficient aid, and 
being accompanied by any two or more members of said 
board, at any reasonable time, to repair to the place 
where such nuisance, source of filth, or cause of sickness, 
complained of may be, and the same to destroy, remove, 
or prevent, under the directions 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 sickness dan- 
gerous to the public health, except as is otherwise pro- 
vided 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 providing nurses and 



62 GENERAL STATUTES. 

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 inhabitant of any town, at 
the charge of the Commonwealth. 

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 travellers as it sus- 
pects of bringing any infection dangerous to the public 
health, and if need be may restrain them from travelling 
until licensed thereto by the board of health of the town 
to which such person may come. A traveller coming 
from such infected place, who shall without such license 
travel within this state, (except to return by the most 
direct Avay to the state from whence he came,) after he 
has been cautioned to depart 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 county, 
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 con- 
venient houses, lodging, nurses, attendants, and other 



GENERAL STATUTES. 63 

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 necessary 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 
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 arti- 
cles 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 officers, 
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 



64 GENERAL STATUTES. 

the owners, at such rates and prices as maybe determined 
by the board. 

Sect. 24. When a sheriff or other officer impresses 
or takes up any houses, stores, lodging, or other necessa- 
ries, or impresses men, as provided in this chapter, the 
several parties interested shall be entitled to a just com- 
pensation therefor, to be paid by the town in which such 
persons or property are so impressed. 

Sect. 25. When a person confined in a common jail, 
house of correction, or workhouse, has a disease which, 
in the opinion of the physician of the board or of such 
other physician as it may consult, is dangerous to the 
safety and health of other prisoners or of the inhabitants 
of the town, the board shall by its order in writing direct 
the removal of such person to some hospital or other 
place of safety, there to be provided for and securely kept 
so as to prevent his escape until its further order. If 
such person recovers from the disease, he shall be re- 
turned 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 presiding 
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 



GENERAL STATUTES. 65 

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 inhabitants 
who do not prove to their satisfaction that they have 
been successfully vaccinated or revaccinated within five 
years. All persons over twenty-one years of age, not 
under guardianship, who neglect to comply with any 
such requirement, shall forfeit the sum of five dollars. 

Sect. 29. Towns shall furnish the means of vaccina- 
tion to such of their inhabitants as are unable to pay for 
the same. 

Sect. 30. Incorporated manufacturing companies ; 
superintendents of almshouses, state reform, and indus- 
trial schools, lunatic hospitals, and other places where 
the poor and sick are received ; masters of houses of cor- 
rection ; jailers, keepers of prisons, the warden of the 
state prison; and superintendents or officers of all other 
institutions supported or aided by the state ; shall at the 
expense of their respective establishments or institutions 
cause all inmates thereof to be vaccinated immediately 
upon their entrance thereto, unless they produce suffi- 
cient evidence of previous successful vaccination within 
five years. 

Sect. 31. Each town may make further provision for 
the vaccination of its inhabitants, under the direction of 
the board or a committee chosen for the purpose. 



66 GENEEAL STATUTES. 

Offensive trades. 

Sect. 52. The board shall from time to time assign 
certain places for the exercising of any trade or employ- 
ment which is a nuisance or hurtful to the inhabitants, 
or dangerous to the public health, or the exercise 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 em- 
ployment within the limits of the town or in any partic- 
ular locality thereof. All such assignments shall be 
entered in the records ; and may be revoked when the 
board shall think proper. 

Sect. 53. When it appears on trial before the supe- 
rior court for the county, upon a complaint made by any 
person, that any place or building so assigned has be- 
come a nuisance, by reason of offensive smells or exhala- 
tions proceeding from the same, or is otherwise hurtful 
or dangerous to the neighborhood or to travellers, the 
court may revoke such assignment and prohibit the 
further use of such place or building for the exercise of 
either of the aforesaid trades or employments, 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 having 
charge of the premises where such trade or employment 
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 



GENERAL STATUTES. 67 

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 
he impanelled at a time and place expressed in the war- 
rant, 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 ex:ercised contrary to 
the order ; and upon any violation of the same the ap- 
peal shall forthwith be dismissed. 

Sect. 58. The verdict of the jury, which may either 
alter the order, or affirm or annul it in full, shall be 
returned to the court for acceptance as in case of high- 
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 affirmed by the verdict, the 
town shall recover costs against the appellant ; if it is 
annulled, the appellant shall recover damages and costs 
against the town ; and if it is altered, the court may 
render such judgment as to costs as in their discretion 
may seem just. 

Sect. 60. The provisions of this chapter extend to 
cities so far as the same are not inconsistent with their 
several charters or acts in amendment thereof. 

[General Statutes, Extracts, Chap. 26.] 



68 GENERAL STATUTES. 



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 physi- 
cian or surgeon, upon his request, give permission to 
take the bodies of such persons dying in such town, city, 
or almshouse, as are required to he buried at the public 
expense, to be by him used within the state for the ad- 
vancement of anatomical science ; preference 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 officers 
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 out- 
rage the public feeling ; and that, after having been so 
used, the remains thereof shall be decently buried. 

Sect. 3. Persons having charge of a poorhouse, 
w^orkhouse, or house of industry, in which a person re- 
quired 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 therefor granted 
by such overseers or mayor and aldermen ; nor without 
their permission shall the body be surrendered for dissec- 
tion or mutilation. 

Sect. 4. If the deceased person during his last sick- 
ness, of his own accord requested to be buried, or if, 



GENERAL STATUTES. 69' 

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 stran- 
ger 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 office 
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 manu- 
facture, if such paper is marked in water line with the 
word " linen," and also with the name of the manu- 
facturer. 

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 regis- 
try belonging thereto substantially bound, and other 
papers and documents within their respective depart- 
ments duly filed and arranged conveniently for examina- 
tion 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 successor 
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. 



70 GENERAL STATUTES. 

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 valuable 
documents belonging to the county ; and for their par- 
ticular 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 preservation of 
books of record or registry, and other important docu- 
ments or papers belonging thereto ; and the clerk of each 
city and town shall keep all such books, 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 ease- 
ment, 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 off 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 



GENERAL STATUTES. 71 

fair, legible copies seasonably made ; and when the in- 
terests of any county, city, or town, require, the county 
commissioners, mayor and aldermen, selectmen, or over- 
seers 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 
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, de- 
posited 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 offices 
in their sole custody, and shall in no case, except upon 
summons in due form of law, or when the temporary 
removal of records and documents in their custody is 
necessary or convenient for the transaction of the busi- 
ness of the courts or the performance of the duties of their 
respective offices, cause or permit any record or docu- 
ment to be removed or taken away. 

Sect. 10. Under the direction of the officers having 
the custody of the county, city, and town records and 
files, the same shall be open for public inspection and 



72 GENERAL STATUTES. 

examination, and any person may take copies thereof. 
And 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 pursu- 
ance of the provisions of this chapter. 

Sect. 11. The legal custody of the books of record 
and other documents of the ancient proprietors of town- 
ships 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, 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 required 
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, except as is provided 
in section nine, or defaces, alters, or mutilates, by mark, 



GENERAL STATUTES. 73 

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.] 



Of Town and City Libraries. 

Sect. 8. Each town and city may establish and 
maintain a public library therein, with or without bran- 
ches, for the use of the inhabitants thereof, and provide 
suitable rooms therefor, under such regulations 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 appropriate an- 
nually, 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 appropria- 
tion is made, and may receive, hold, and manage, any 
devise, bequest, or donation, for the establishment, in- 
crease, or maintenance, of a public library within the 
same. 

[General Statutes, Extracts, Chap. 33.] 
10 



74 GENERAL STATUTES, 



Of the Attendance of Children in the Schools. 

Sect. 1. Every person having under his control a child 
between the ages of- eight and fourteen years, shall 
annually during the continuance of his control send such 
child to some public school in the city or town in which 
he resides, at least twelve weeks, if the public schools 
of such city or town so long continue, six weeks of 
which time shall be consecutive ; and for every neglect 
of such duty the party offending shall forfeit to the use 
of such city or town a sum not exceeding twenty dol- 
lars ; but if it appears upon the inquiry of the truant 
officers or school committee of any city or town, or upon 
the trial of any prosecution, that the party so neglecting 
was not able, by reason of poverty, to send such child to 
, school, or to furnish him with the means of education, 
or that such child has been otherwise furnished with the 
means of education for a like period of time, or has 
already acquired the branches of learning taught in the 
public schools, or that his bodily or mental condition has 
been such as to prevent his attendance at school or ap- 
plication to study for the period required, the penalty 
before mentioned shall not be incurred. 

Sect. 2. The truant officers and the school commit- 
tees 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 neglecting, 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 prO' 



GENERAL STATUTES, 75 

viclecl for in the preceding section, 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 admitted 
into the school kept for the use of the whole town. 

Sect, 5. Children living remote from any public 
school in the town in which they reside, may be allowed 
to attend the public schools in an adjoining town, under 
such regulations, and on such terms, as the school com- 
mittees 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. 



76 GENERAL STATUTES. 

Sect. 8. The school committee shall not allow any 
child to be admitted to or connected with the public 
schools, w^ho has not been duly vaccinated. 

Sect. 9. No person shall be excluded from a public 
school on account of the race, color, or religious opinions, 
of the applicant or scholar. 

Sect. 10. Every member of the school committee 
under whose directions a child is excluded from a public 
school, and every teacher of such school from which a 
child is excluded, shall, on application by the parent or 
guardian of such child, state in writing the grounds 
and reason of the exclusion. 

Sect. 11. A child unlawfully excluded from any public 
school shall recover damages therefor in an action 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 officer of the defendant 
city or town, as if he were a party to the suit. 

[General Statutes, Chap. 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 truants, 
and children not attending school, or without any regu- 
lar and lawful occupation, or growing up in ignorance, 
between the ages of five and sixteen years ; and also all 



GENERAL STATUTES., 77 

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 exceeding twenty dol- 
lars 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 annual- 
ly 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 grow- 
ing up in ignorance, may, at the discretion of the justice 
or court having jurisdiction of the case, instead of the 
fine mentioned in section four, be committed to any 
such institution of instruction, house of reformation, or 
suitable situation provided for the purpose under author- 
ity of section four, for such time, not exceeding two 
years, as such justice or court may determine. 

Sect. 7. A minor convicted of either of said offences 
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 discharged . in the 



78 GENERAL STATUTES. 

manner poor convicts may be discharged from imprison- 
ment 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.] 



Of Ways in Cities, Dedication of Ways. 

Ways in Cities. 

Sect. 81. The provisions of the foregoing sections 
of this chapter, so far as applicable, 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 public 
use, which has not become a public way, shall be 
chargeable upon a city or town as a highway or town 
way, unless the same is laid out and established by such 
city or town in the manner prescribed by the statutes of 
the Commonwealth. 

Sect. 83. The mayor and aldermen and selectmen 
shall, whenever the public safety demands it, direct and 
cause the entrances of such ways entering on and uniting 
with an existing public highway, to be closed up ; or 
may by other sufficient means caution the public against 
entering upon such ways ; and if any such way shall 



GENERAL STATUTES. 79 

not be closed, or sufficient notiQC given that the same 
is dangerous, the city or town shall be liable for damages 
arising from defects therein in the same manner as if it 
had been duly laid out and established. 

Sect. 84. In cities in which the city council, and 
in towns in which the inhabitants at a legal meeting, 
have accepted the provisions of this and the two follow- 
ing sections, if a street or way has beqn or shall be open 
over private land by the owner thereof, and permitted 
to be used by the public before the same has been ac- 
cepted and laid out according to law, the owners of the 
lots abutting thereon shall grade such street or way at 
their own expense, in such manner as the safety and 
convenience of the public shall in the opinion of the 
mayor and aldermen or selectmen require. If the 
owners of such abutting lots, after reasonable notice 
from the mayor and aldermen or selectmen, neglect or 
refuse so to do, or to close the street from public use, 
the mayor and aldermen or selectmen may cause the 
same to be graded, and after due notice to the parties 
interested, shall assess the expense thereof upon the 
owners in such proportion as shall be judged reasonable. 
All assessments so made shall be a lien upon the abut- 
ting lands in the same manner as taxes are a lien upon 
real estate. 

Sect. 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 abutting 
thereon, after the grade has been established and re- 
corded, shall conform to the grade. But nothing con- 
tained in this and the preceding section shall affect any 



80 GENERAL STATUTES. 

agreements heretofore .made respecting sucli 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 select- 
men, constitute an acceptance of the same by the city or 
town. But no such street or way shall be dug up or 
obstructed without the consent of the mayor and alder- 
men or selectmen. 

[General Statutes, Extracts, Chap. 43.] 



Of Sidewalks. 

Sect. 6. A person owning or occupying lands adjoin- 
ing a highway or road in a town, may construct a side- 
walk 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 distances 
apart, or by a railing erected thereto ; and where a 
sidewalk is so constructed, whoever rides or drives a 
horse or team upon and along the same shall forfeit the 
sum of one dollar, to be recovered by such owi;er or 
occupant in an action of tort. But this section shall 
not diminish or interfere with the authority of surveyors 
of highways, or any other authority that can be legally 
exercised OA^er highways or roads ; nor shall it in any 
manner diminish the liability of any person for unreason- 



GfiNEEAL STATUTES. 81 

ably 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 side- 
walks in such streets as in their judgment the public 
convenience may require, and may assess the abutters 
on such sidewalks one-half the expense of the same, the 
residue being paid by such city or town. All assess- 
ments so made shall be a lien upon the abutting 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 aldermen 
of the city, or of the selectmen of the town, in which 
such sidewalk is established. 

Sect. 9. City councils may by ordinance provide for 
the removal of snow and ice from sidewalks in, such 
portions of their cities as they deem expedient, which 
ordinance shall determine the time and manner of removal, 
and shall affix penalties not exceeding fifty dollars 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.] 



11 



82 GENERAL STATUTES. 

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 land- 
ing 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 monuments, 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 highway, training field, burying place, 
landing place, or other land appropriated for the general 
use or convenience of the inhabitants 0/ the Common- 
wealth, 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 parish, is adjudged a nuisance and 
ordered to be abated, and the materials, upon a sale 
thereof by auction, shall be insufficient to pay the costs 



GENERAL STATUTES. 83 

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 convicted of erecting or 
continuing 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 purpose 
of preventing the spreading of a disease dangerous to the 
public health, or have been erected or continued 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 commission- 
ers or selectmen, respectively, who may order the same 
to be replaced. 

Sect. 5. If fence[s], gates, rails, or bars are upon or 
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 preventing 
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 re- 
moval may apply . to the commissioners ; and if upon 
examination it appears that the same were erected or 
continued by license as aforesaid, the commissioners 
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 entrusted, may authorize 
the planting of shade trees therein, wherever it may not 
interfere with the public travel or with private rights ; 
and shade trees standing and trees planted pursuant to 
such license shall be deemed and taken to be the private 



84 GENERAL STATUTES. 

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 selectmen, 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 shrab, 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 complainant and the other 
half to the use of the person upon whose property, or 
within whose premises, the trespass was committed. 

Sect. 8. Whoever negligently or carelessly suffers any 
horse or other beast driven by or for him, or any beast 
belonging to him and lawfully on the highway, to break 
down, destroy or injure any tree not his own, standing 
for use or ornament on said highway, or negligently or 
wilfully by any other means breaks down, destroys, or 
injures any such tree, shall be subject to an action for 
damages, at the suit of the owner or tenant 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 sec- 
tion, 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 purpose, a sum not 
exceeding twenty-five cents for each of its ratable polls 
in the year next preceding that in which such appro- 
priation is made. 

[General Statutes, Chap. 46.] 



GENERAL STATUTES. 85 

Of Sewers and Drains. 

Sect. 3. In any city or town in which chapter one 
hundred and fifteen of tlie statutes of eighteen hundred 
and forty-one has been accepted according to the pro- 
visions of that act, and in any city in which this and the 
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 
meeting called for that purpose, the mayor and aldermen 
of the city and the selectmen of the town may lay, make, 
maintain, and repair, all main drains or common sewers ; 
and all the main drains or common sewers shall be the 
property of such city or town. 

Sect. 4. Every person who 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 repair- 
ing the same, to be ascertained, assessed, and certified, 
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 expen- 
ses, 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 con- 
ducted in like manner as sales for the non-payment of 
taxes. 



86 GENERAL STATUTES. 

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 making his ap- 
plication the party shall give one month's notice in writ- 
ing to the selectmen or mayor and aldermen of his in- 
tention so to apply, and shall therein particularly specify 
his objections to the assessment made by them ; 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, 1860.] 



Of Licenses and Municipal Regulations of Police. 
Intelligence offices. 

Sect. 23. Whoever without a license therefor, estab- 
lishes or keeps an intelligence office for the purpose of 
obtaining or giving information concerning places of em- 
ployment for domestics, servants, or other laborers, ex- 
cept seamen, or for the purpose of procuring or giving 
information concerning such persons for or to employers, 
shall pay a fine of ten dollars for each day such office is 
so kept. 

Sect. 24. The mayor and aldermen or selectmen of 
any city or town may, for the purposes mentioned in 
the preceding section, grant licenses to suitable persons 
for the term of one year, and may revoke the same at 
pleasure. They shall -receive one dollar for each license 
so granted. 



GENERAL STATUTES. 87 

Junk^ old metals, and second-hand articles. 

Sect. 25. The mayor and aldermen or selectmen of 
any city or town which has adopted by-laws therefor, 
may license suitable persons to be dealers in and keepers 
of shops for the purchase, sale, or barter, of junk, old 
metals, or second-hand articles, within their respective 
cities and towns. 

Sect. 26." The license shall designate the place where 
the business is to be carried on, and contain such condi- 
tions 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. 

Pawnbrokers. 

Sect. 28. The mayor and aldermen or selectmen of 
any city or town, which has adopted by-laws therefor, 
may license suitable persons to carry on the business 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 con- 
ditions 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 



88 GENERAL STATUTES. 

concerned therein in any oth*er place or manner than 
that designated in his license, or after notice to him that 
his license is revoked, shall pay a fine not exceeding 
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 
shall direct, shall forfeit a sum not exceeding fifty dol- 
lars for every month he so occupies or uses such building, 
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 al- 
dermen or selectmen direct, shall forfeit a sum not ex- 
ceeding fifty dollars for every month he so occupies or 
uses such building, and in like proportion for a longer 
or shorter time. And the supreme judicial court or any 
one of the justices thereof, either in term time or vaca- 
tion, 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 chap- 
ter one hundred ninety-seven of the statutes of eighteen 
hundred and forty-five or chapter ninety-six of the stat- 



GENERAL STATUTES. 89 

utes 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 al- 
dermen or selectmen thereof have granted a license 
therefor, prescribing the place where the building in 
which such steam-engine or furnace is to be used shall 
be erected, the materials and construction thereof, with 
such regulations as to the height of flues and protection 
against fire as they deem necessary for the safety of the 
neighborhood. Such license may be granted on a written 
application, and shall be recorded in the records of the 
city or town. 

Sect. 34. Upon application for such license the 
mayor and aldermen or selectmen shall assign a time 
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 eighteen 
hundred and forty-five has been adopted, or by which 
sections thirty-three to forty inclusive shall have been 
adopted at a legal meeting of the city 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 record and order pre- 

12 



90 GENERAL STATUTES. 

scribing 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 su(3h order to a constable, who shall 
serve on the owner an attested copy thereof and make 
return of his doings thereon to said clerk within three 
days from the delivery thereof to him. 

Sect. 36. The owner of a steam-engine or furnace 
who is aggrieved by such order, may apply to the supe- 
rior 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 0¥ justice, on granting the ap- 
plication for a jury, may issue an injunction restraining 
the further use of such engine or furnace until the final 
determination of the application. 

Sect. 38. The jury may find a verdict either affirm- 
ing or annulling the order in full, or making alterations 
therein ; which verdict shall be returned by the sheriff 
to the next term of the court for acceptance as in the 
case of highways, and when accepted shall take effect as 
an original order. 

Sect. 39. If the order is affirmed, costs shall be re- 
covered by the city or town against the applicant ; if it 
is annulled, damages and costs shall be recovered by the 
complainant against the city or town ; and if it is altered, 



GENERAL STATUTES. 91 

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 author- 
ity to remove the same as is given to boards of health to 
remove nuisances by sections eight, nine, and ten, of 
chapter twenty-six. 

Sect. 41. The mayor and aldermen or selectmen of 
any city or town, or any person by them authorized, may, 
after notice to the parties interested, examine any steam- 
engine or steam-boiler therein ; and for that purpose 
may enter any house, shop or building ; and if upon such 
examination it appears probable that the use of such en- 
gine or boiler is unsafe, they may issue a temporary 
order to suspend such use, and if after given 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 there- 
of, such engine or boiler is used contrary to either of such 
orders, it shall be deemed a common nuisance, without 
any other proof thereof than its use. 

Sect. 42. The mayor and aldermen and selectmen 
shall have the same authority to abate and remove any 
steam-engine or steam-boiler erected or used contrary to 
the provisions of the preceding section, as boards of 
health have to remove nuisances, by sections eight, nine, 
and ten, of chapter twenty-six. 

Sect. 43. No person shall manufacture, set up, or 
cause to be used, any steam-boiler, unless it is provided 



92 GENERAL STATUTES. 

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- 
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 sub- 
stitutes therefor any material more capable of resisting 
the action of the fire than the plug so removed, shall 
be punished by a fine not exceeding one thousand 
dollars. 

Sect. 45. Whoever manufactures, sets up, know- 
ingly 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, gunpowder, 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 serpents, 
without license from the mayor and aldermen or select- 
men 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 posses- 
sion with intent to set fire to, any rocket, cracker, squib, 
or serpent, or throws any lighted rocket, cracker, squib, 
or serpent, within any city or town, without the license 



GENERAL STATUTES. 93 

of the mayor and aldermen or selectmen, shall for every 
offence forfeit a sum not exceeding ten dollars. 

Sect. 48. The city council of a city and the inhabit- 
ants of a town, may order that no gunpowder shall be 
kept in any place within the limits thereof, unless it is 
well secured in tight casks or canisters ; that no gun- 
powder, above the quantity of fifty pounds, shall be 
kept or deposited in any shop, store, or other building, 
or in a ship or vessel, which is within the distance of 
twenty-five rods from any other building or wharf ; that 
no gunpower, 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 building; 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 pre- 
pared like it for explosion, 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 alder- 
men, selectmen, or firewards of any place, that he has 
probable cause to suspect, and does suspect, that gun- 
powder, gun-cotton, or other substance prepared 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 constables of such 
place, ordering him to enter any shop, store, or other 



94 GENERAL STATUTES. 

building, or vessel, specified in the warrant, and there 
make diligent search for such gunpowder, gun-cotton, 
or other substance, suspected to have been so deposited 
or kept, and to make return of his doings to said justice 
or court forthwith. 

Sect. 50. Whoever commits an offence against any 
order made under section forty-eight, shall forfeit a sum 
not exceeding twenty dollars ; but the four preceding 
sections shall not extend to any manufactory of gun- 
powder, gun-cotton, or other substance aforesaid, nor in 
any case prevent the transportation thereof through any 
city or town, or from one to another part thereof. 

Sect. 51. The city council of any city and the in- 
habitants of any town may adopt such rules and regur 
lations as they deem reasonable in relation to the storage 
and sale, within the limits thereof, of camphene or any 
similar explosive or inflammable fluid, and may aflix 
penalties for breaches thereof, not exceeding twenty 
dollars for any one offence. 

Billiard tables and bowling 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 pleasure of the authority 
granting it. 

Sect. 70. Whoever without such license keeps or 
suffers to be kept in a house, building, yard, or depend- 
ency thereof, by him actually occupied or owned, a table 



GENERAL ST ATUTES. 95 

for the purpose of playing at billiards, or a bowling alley 
for the purpose of playing at bowls, for hire, gain, or re- 
ward, or for hire, gain or reward suffers any person to 
resort to the same for such purpose, shall forfeit for ev- 
ery such offence a sum not exceeding one hundred dol- 
lars. 

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 after- 
noon 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 punished 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 shows, masked balls, ^c. 

Sect. 74. The mayor and aldermen or selectmen of 
any city or town may license theatrical exhibitions, pub- 
lic shows, public amusements and exhibitions of every 
description, to which admission is obtained upon pay- 
ment of money or the delivery of any valuable thing, 
or by a ticket or voucher obtained for money or any val- 
uable thing, upon such terms and conditions as they 



96 GENERAL STATUTES. 

deem reasonable ; and they may revoke or suspend the 
same at their pleasure. 

Sect. 75. Whoever offers to view, sets up, sets on 
foot, maintains, carries on, publishes, or otherwise assists 
in or promotes, any such exhibition, show, or amusement, 
without such license, shall be punished by fine not ex- 
ceeding five hundred dollars ior each offence. 

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 w^ho get up, set on foot, or otherwise promote, such 
exhibitions or shows, shall be punished by fine not ex- 
ceeding 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 provi- 
ded by section seventy-four. This section shall not au- 
thorize the licensing of the sale at any exhibition or 
show, of liquors the sale of which is prohibited by law. 

Sect. 77. Whoever gets up, sets on foot, causes to 
be published, or otherwise aids in getting up and promo- 
ting 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 exceeding 
five hundred dollars; and for any subsequent offence, by 
imprisonment in the jail or house of correction not ex- 
ceeding one year. 

Sect. 78. Any justice of the peace or police court, 
upon complaint made of an offence against the provisions 



GENERAL STATUTES. 97 

of the three preceding sections, shall bind over all per- 
sons so offending, to appear at the next term of the su- 
perior 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 pun- 
ished by fine not exceeding one hundred dollars, or by 
imprisonment in the house of correction not exceeding 
six months. Whoever is present at, or aids in or con- 
tributes 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 by the Senate and House of Representatives 
in General Court assembled, and by the authority of the 
same, as follows : 

Any city, by vote of the city council thereof, in addi- 
tion 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 appropriate 
the same, for the providing of armories for the use of 
military companies, for the celebration of holidays, and 
for other purposes of a public nature : provided, that 
such appropriations shall be made by vote of two-thirds 
of the members of each branch of the city council present 
13 



98 GENERAL STATUTES. 

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-tiftieth of one per cent, of its val- 
uation 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, S^c, as follows : 

Sect. 1. Any town or city may raise money by tax- 
ation, and, if necessary, apply the same, under the direc- 
tion 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 enlistment, 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 mem- 
bers 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 ter- 
minate in ninety days from the date of such contract or 



GENERAL STATUTES. 99 

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 regular 
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 members 
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 organ- 
ize 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. 



100 GENERAL STATUTES. 

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 aldermen of any 
city, containing a statement of the inhabitants of such 
town or city, whose families have been assisted, as pro- 
vided 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 Com- 
monwealth, and carefully examined 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 majority of the aldermen of any city shall 
be made to the auditor of the Commonwealth on or be- 
fore the fifth day of January in each year, of the full 
amount due such city or town for aid furnished in ac- 
cordance with this act. 

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

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



An Act concerning Religious Services in Public 
Schools. 

Be it enacted, Sfc, 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 



GENERAL STATUTES. 101 

shall require no scholar to read from any particular ver- 
sion > 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, 8fc., as follows : 

Sect. 1. Any town or city may raise money by tax- 
ation or otherwise, and, if necessary, apply the same 
under the direction of its selectmen, or mayor and al- 
dermen, 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 mustered 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 vol- 
unteer service as a part of the quota of any other state, 
before the passage of this act. 



102 GENERAL STATUTES. 

Sect. 3. Money raised as aforesaid may be applied 
as aforesaid, from and after the time of such enlistment, 
and while such inhabitant, has been, or shall hereafter 
be actually in said volunteer service ; and all appropria- 
tions and expenditures heretofore made or which shall 
hereafter be made, by the selectmen, or mayor and al- 
dermen, 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 irregu- 
larity 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 ex- 
ceeding one dollar per week for the wife, and one dollar 
per week for each child and parent aforesaid : provided, 
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 applying money as aforesaid, a full and par- 
ticular report, setting forth the names of the inhabitants 
of such town or city, for the aid of whose families 
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 sev- 
erally bear to such inhabitants, the sums paid to each 
of such persons, and the time when the same were paid. 



GENERAL STATUTES. 103 

And no reimbursement shall be made from the state 
treasury to such town or city as provided in section four 
of this act, until such report has been sworn to by a ma- 
jority of the selectmen of such town, or the mayor and 
a majority of the aldermen of such city, deposited as 
aforesaid, and carefully examined, 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 volunteer 
service, nor for the aid of any person dependent upon 
any volunteers from this state, enlisted into regiments 
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, &fc., as follows : 

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 man- 
ner 'provided in chapter eighty-eight of the General 
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 provided. 



104 GENERAL STATUTES. 

Sect. 2. Any stationary engine hereafter erected, 
without such license, 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 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, 8fc., as follows : 

Sect. 1. Any town or city may raise money by taxa- 
tion, and apply the same, in cases of necessity, under 
the direction of their selectmen, or the mayor and al- 
dermen, respectively, in aid of the wife and minor chil- 
dren 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.] 



GENERAL STATUTES. 105 

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

Be it enactedy ^c, asfolloivs: 

Sect. 1. The provisions of the second section of the 
act to which 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 Com- 
monwealth at the time of enlistment, have become such 
by the establishment of the boundary line between the 
states of Massachusetts and Rhode Island. 

Sect. 2. Any town or 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 inhabitants 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 mustered 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 further 
act of congress allowing a pension or other provision to 
the widow or to the children of such deceased vol- 
unteer. 

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 

14 



106 GENEEAL STATUTES. 

from the state treasury, and annual reports to the auditor, 
shall be applicable to all moneys applied under the pro- 
visions of this act. 

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



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

Be it enacted, ^c, as follows : 

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 aldermen 
of the city, or the selectmen of the town, in which such 
shop is located, and to any person by them respectively 
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 occupa- 
tion legibly inscribed thereon in large letters ; that such 
shops, and all articles of merchandise therein, may be 
examined by the mayor and aldermen of any city, or the 
selectmen of any town, or by any person by them re- 
spectively 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 



GENERAL STATUTES. 107 

or exchange, any of the articles aforesaid, of any minor 
or apprentice, knowing or having reason to believe him 
to he such ; and that no article purchased or received 
shall be sold until a period of at least one week, from 
the date of its purchase 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 aforesaid 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 incorporated 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 license, 
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, Sj-c.,, as follows : 

Sect. 1. Each city and town shall make all needful 
provisions and arrangements concerning habitual truants, 
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 



108 GENERAL STATUTES. 

years ; and shall also make 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 penal- 
ties 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 Common- 
wealth. 

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 committed to any 
such institution of instruction, house of reformation, or 
suitable situation provided for the purpose, 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, Sfc, as follows : 

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 
they were dependent, who may have died while in the 



GENERAL STATUTES. 109 

service of the United States: provided, said inhabitant 
were a vokmteer 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 de- 
cease of said volunteer, to receive aid under the provis- 
ions 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 ap- 
ply the same in manner as provided in the first section 
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 disa- 
bility contracted in or caused by said service, thereby 
rendering said inhabitant unable to provide for those de- 
pendent upon him : provided, that said inhabitant were 
a volunteer duly enlisted and mustered into the service of 
the United States, and his wife, children, parent, broth- 
ers 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 volunteer 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 sixty- two, concerning the 
reimbursement of money from the state treasury and 
annual reports to the auditor, shall be applicable to the 
money applied under the provisions of this act. 



110 GENERAL STATUTES. 

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 pension 
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 deceased or dis- 
abled volunteer prior to the passage of this act, the time 
during which said aid has been furnished shall be in- 
cluded in computing the period of one year, and said 
town or city shall have the same right of reimbursement 
as in cases of aid furnished after the passage of this act. 
And the word " children" in this act, and in all acts to 
which this is in addition, shall be construed 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 

Buildings. 

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 expe- 
dient, and may annex penalties not exceeding twenty 
dollars, for any violation of such by-laws by the owner 



GENERAL STATUTES. Ill 

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

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

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



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, SfC, as follows : 

Sect. 1. No city or town shall vote or appropriate 
any money to relieve or discharge from military service 
of the United States any person who shall be called or 
drafted into such service under or by authority of the 
act of congress, entitled "An Act for enrolling ajid calling 
out the National Forces, and for other purposes," ap- 
proved on the third day of March, in the year one thou- 
sand 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 military 
service of the United States, any person who shall be 
called or drafted into such service under or by authority 
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 



112 GEN E EAL STAT UTES. 

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 
against the provisions of this act, shall, upon conviction 
thereof, be punished by a fine not exceeding two thou- 
sand 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. 

Be it enacted, Sfc, as follows : 

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 warden, or other presiding officer, to 
cause all ballots w^hich 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 en- 
velope, 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 



GENERAL STATUTES. 113 

voters of the ward, and none other, are contained in said 
envelope. 

Sect. 2. The Avarden, 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 ofiicers other than the clerk ; 
and the clerk shall retain the custody of the seal, and 
deliver the same, together with the records of the ward 
and other documents, to his successor in office. 

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^ 
15 



114 GENERAL STATUTES. 

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 returns 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 
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 vshall 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- 
longing 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 



GENERAL STATUTES. 115 

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- 
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 follows : 

Sect. 1. Any city or town may raise money by tax 
or otherwise, in aid of the families and dependents 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 dependents 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 



116 GENERAL STATUTES. 

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.] 



An Act relating to the Sealing of Weights and 
Measures. 

Be it enacted^ SfC.^ as follows: 

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 removing 
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. 



GENERAL STATUTES. " 117 

Sbct. 3. If any person shall alter any weight j 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- 
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 coun- 
cil 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.] 



118 GENERAL STATUTES. 

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

Be it enacted, SfC, as follows : 

Sect. 1. Any town or city may raise money by tax 
or otherwise, and apply the same in aid of the wife, 
child, parent, brother and sister, of, and dependent 
upon, any person Avho, as a part of any quota of this 
Commonwealth, and of said town or city, has been or 
shall be duly enlisted and mustered into the military 
service of the United States, as a member of the regular 
army of the United States, in the same manner, and 
under the same restrictions and provisions of law, as 
money is now raised and applied to the aid of families 
and dependents of members of any regiment, company 
or battery of Massachusetts volunteers. 

Sect. 2. The provisions of chapter seventy-nine of 
the laws of eighteen hundred and sixty-three, shall be, 
and the same hereby are, so extended as to authorize 
aid, under the provisions and restrictions of said chap- 
ter, to the families and dependents of deceased soldiers, 
who may have died after their discharge at the expira- 
tion of their term of service, but in consequence of dis- 
eases or injury contracted or received in the service, 
and existing at the time of discharge, and also to the 
families and dependents of disabled soldiers, who may 
have been discharged at the expiration of their terms of 
service, but not by reason of said disability : provided ^ 
however, that said disability was contracted in, or caused 
by, said service, and existed at the time of discharge. 

Sect. 3. Any town or city may raise and apply 
money as aforesaid to the aid of the wife, child, parent, 
brother and sister, of, and dependent upon, any person, 



GENERAL STATUTES. 119 

whether an inhabitant of said town or city or not, who 
has been or shall be duly enlisted and mustered into the 
service of the United States as a part of any quota of 
this Commonwealth, and of said town or city : provided, 
however, that no aid shall be rendered under the provi- 
sions of this act to any person who does not reside with- 
in the United States, and that all other restrictions, 
limitations and provisions of law now in force shall 
apply to aid thus furnished. 

Sect. 4. This act, and the several laws now in force 
in aid of the families of volunteers and drafted men, 
may be so construed as to authorize the payment of aid 
retroactively, so as to include any aid to which any 
person might have been entitled if seasonably applied 
for, prior to the application for the same : provided, 
however, that such retroactive payment shall not extend 
beyond the period of six months prior to said application. 

Sect. 5. All the provisions of the fourth and fifth 
sections of chapter sixty-six of the laws of the year one 
thousand eight hundred and sixty-two, concerning the 
reimbursement of money from the state treasury, shall 
be applicable to the money applied under the provisions 
of this act. 

Sect. 6. This act shall take effect upon its passage. 

[General Laws, Chap. 47. Approved February 29, 1864.] 



An Act to authorize Towns and Cities to raise Money 
for Recruiting purposes. 

Be it enacted, ^c, as follows : 

Sect. 1. Any town or city may raise money, by 
taxation or otherwise, and apply the same, under the 
direction of its selectmen, or mayor and aldermen, or 



120 GENERAL STATUTES. 

city council, in aid of and for the purpose of procuring 
its proportion of the quota of volunteers in the military 
service, called for from the Commonwealth under the 
orders of the president of the United States, dated Octo- 
ber seventeenth, eighteen hundred and sixty-three, and 
February first, eighteen hundred and sixty-four : pro- 
vided, that the amount of money so raised and applied 
shall not exceed the sum of one hundred and twenty-five 
dollars for each volunteer enlisted in said service, after 
the passage of this act, as a part of the quota of said 
town or city, under said orders of the president. 

Sect. 2. Any town or city may raise money, as 
aforesaid, and apply the same, under the direction of its 
selectmen, or mayor and aldermen, or city council, in 
paying and refunding money which has already been 
paid and applied by said city or town, or contributed by 
individuals, in aid of and for the purpose of procuring 
its proportion of the quota of volunteers in the military 
service, called for from the Commonwealth, under the 
orders of the president of the United States, dated Oc- 
tober seventeenth, eighteen hundred and sixty-three, 
and February first, eighteen hundred and sixty-four : 
provided, that the amount of money so raised and ap- 
plied shall not exceed the sum of one hundred and 
twenty-five dollars for each volunteer already enlisted in 
said service, as a part of the quota of said town or city, 
under said orders of the president. But all sums raised 
under this act shall be assessed at the next annual as- 
sessment ; and if any city or town shall neglect to cause , 
such assessment to be made, such city or town shall pay 
a fine to the Commonwealth of one -tenth of one per 
cent, of its valuation. 



GENERAL STATUTES. 121 

Sect. 3. No town or city shall ever receive any 
reimbursement from the Commonwealth for any moneys 
raised under this act. 

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

[General Laws, Chap. 103. Approved March 18, 1864.] 



An Act in addition to an Act to authorize Towns and 
Cities to raise Money for Recruiting purposes. 

Be it enacted, SfC.,as follows : 

Sect. 1. Any town or city may raise money, by tax- 
ation or otherwise, and apply the same, under the direc- 
tion of its selectmen, or mayor and aldermen, or city 
council, in aid of, and for the purpose of procuring its 
proportion of the quota of volunteers in the military 
service, called for from the Commonwealth under any 
order or call of the president of the United States issued 
after the first day of March, eighteen hundred and sixty- 
four, and before the first day of March, eighteen hundred 
and sixty-five : provided, that the amount of money so 
raised and applied shall not exceed the sum of one hun- 
dred and twenty-five dollars for each volunteer enlisted 
in said service as a part of the quota of said town or 
city, under the orders of the president, issued during 
said period. 

Sect. 2. No town or city shall ever receive any re- 
imbursement from the Commonwealth for any moneys 
raised under this act. 

This act shall take effect upon its passage. 

[General Laws, Chap. 120. Approved March 28, 1864.] 
16 



122 GENERAL STATUTES. 

An Act to provide Aid for the Families of Seamen in 
the Naval Service, and for other purposes. 

Be it enacted, ^c, as follows : 

Sect. 1. Any town or city may raise money, by tax 
or otherwise, and apply the same in aid of the wife, 
child, parent, brother and sister of, and dependent upon, 
any person duly enlisted in the naval service, or trans- 
ferred to such service from the military service, who is 
credited to such town or city under the enrolment laws 
of the United States, in the same manner and under the 
same restrictions and provisions of law, as money is now 
raised and applied in aid of families and dependents of 
members of any regiment, company or battery of Massa- 
chusetts volunteers ; and in the case of a person trans- 
ferred and credited as aforesaid, such aid may be granted 
from the date of such transfer. All the provisions of the 
fourth and fifth sections of chapter sixty-six of the acts 
of the year eighteen hundred and sixty-two for the reim- 
bursement of money by the Commonwealth, shall be 
applicable to the money applied by a town or city as 
herein provided. 

Sect. 2. The acts of any town or city in raising and 
applying money in aid of the family or dependents of a 
person who has been transferred from the military to the 
naval service, are hereby made valid to the same extent, 
as regards reimbursement by the Commonwealth and 
otherwise, as they would have been had such person re- 
mained in the military service. 

Sect. 3. The governor is authorized to offer and pay 
a bounty of one hundred dollars to any person who shall 
enlist in the naval service and be credited as part of the 



GENERAL STATUTES. 123 

quota of this Commonwealth under the calls of the presi- 
dent of the United States, dated respectively October 
seventeenth, in the year eighteen hundred and sixty- 
three, and February first, and March fourteenth, in the 
year eighteen hundred and sixty-four : provided, never- 
theless, that such bounty shall not be paid to any per- 
son, who, upon being drafted, shall enlist in such service, 
or to any person who shall be transferred to such service 
from the military service of the United States. 

Sect. 4. All the provisions of the fourth, fifth, sixth 
and seventh sections of chapter two hundred and fifty- 
four of the acts of the year eighteen hundred and sixty- 
three, in relation to the payment of bounties to volun- 
teers, shall be applicable to the bounty provided in 
this act. 

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

[General Laws, Chap. 143. Approved April 11, 1864.] 



An Act concerning Dogs and for the Protection of Sheep 
and other Domestic Animals. 

Be it enacted, ^c, as follows : 

Sect. 1. Every owner or keeper of a dog shall, 
annually, 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 resides, 
and shall cause it to wear around its neck a collar dis- 
tinctly marked with its owner's name, and the registered 
number, and shall pay for such license two dollars for a 
male dog, and five dollars for a female dog. 



124 GENERAL STATUTES. 

Sect. 2. Any person becoming the owner or keeper 
of a dog not duly licensed, on or after the first day of 
May, shall cause said dog to be registered, numbered, 
described and licensed, until the first day of the ensuing 
May, in the manner, and subject to the terms and duties, 
prescribed in this act. 

Sect. 3. The clerks of cities and towns shall issue 
said licenses and receive the money therefor, and pay the 
same into the treasuries of their respective counties, ex- 
cept in the county of Suffolk, retaining to their own use 
twenty cents for each license. They shall also keep a 
record of all licenses issued by them, with the names of 
the keepers or owners of dogs licensed, and the names, 
registered numbers and descriptions, of all such dogs. 

Sect. 4. It shall be the duty of each county treas- 
urer, and of each city or town treasurer in the county of 
Suffolk, to keep an accurate and separate account of all 
moneys received and expended by him under the provis- 
ions of this act. 

Sect. 5. Whoever keeps a dog contrary to the pro- 
visions of this act, shall forfeit fifteen dollars, to be re- 
covered by complaint, and the money shall be paid to 
the treasurer of the county in which the dog is kept, 
except that in the county of Suffolk it shall be paid to 
the treasurer of the city or town wherein said dog is 
kept. 

A license from the clerk of any city or town shall be 
valid in any part of the Commonwealth, and may be 
transferred with the dog licensed : provided, said license 
be recorded by the clerk of the city or town where the 
owner or keeper of such dog resides. 

Sect. 6. The assessors of the cities and towns shall, 
annually, take a list of all dogs owned or kept in their 



GENERAL STATUTES. 125 

respective cities and towns, on the first day of May, with, 
the owners' or keepers' names, and return the same to 
the city or town clerk, on or before the tenth day of July. 
Any owner or keeper of a dog who shall refuse to give 
just and true answers to the assessors relative to the 
ownership thereof, shall be punished by a fine of not less 
than ten dollars. 

Sect. 7. Mayors of cities and the chairman of the 
selectmen of towns shall, annually, within ten days from 
the first day of July, issue a warrant to one or more 
police ofi&cers or constables, directing them to proceed 
forthwith either to kill or cause to be killed, all dogs 
within their respective cities or towns, not licensed and 
collared according to the provisions of this act, and any 
person may, and every police officer and constable shall, 
kill or cause to be killed, all such dogs, whenever and 
wherever found. Such officers, other than those em- 
ployed under regular pay, shall receive one dollar for 
each dog so destroyed, from the treasurers of their re- 
spective counties, except that in the county of Suffolk 
they shall receive it from the treasurers of their respec- 
tive towns. All bills for such services shall be approved 
by the mayor or chairman of the selectmen, of the cities 
or towns in which said dogs are destroyed, and shall be 
paid from moneys received under the provisions of this 
act. 

Sect. 8. The mayors of cities and the chairman of 
the selectmen of towns shall, after issuing their warrant 
to police officers or constables, as specified in the pre- 
ceding section, forthwith certify the fact under oath to 
the district attorneys of their respective districts, whose 
duty it shall be to prosecute all such officers as fail to 
comply with this requirement. 



126 GENERAL STATUTES. 

Sect. 9. Whoever suffers loss by the worrying, 
maiming or killing of his sheep, lambs, or other domes- 
tic animals, by dogs, may inform the mayor of the city, 
or the chairman of the selectmen of the town, wherein 
the damage was done, who shall appoint two disinter- 
ested persons, who with the mayor or chairman of the 
selectmen, shall proceed to the premises where the dam- 
age was done, and determine whether the damage was 
inflicted by dogs, and if so, appraise said damage. The 
amount of said damage shall be certified by the board 
of appraisers, and except in the county of Suffolk, be 
transmitted to the county commissioners, who shall dur- 
ing the month of December, examine all such bills ; and 
when any doubt exists, may summon the appraisers, 
and make such examination as they may think proper, 
and shall issue an order upon the treasurer of the county 
in which the damage was done, for all or any part 
thereof, as justice and equity may require. 

The treasurer shall annually, on the first day of Jan- 
uary, pay all such orders in full, if the gross amount 
received by him under the provisions of this act, and 
not previously paid out, is sufficient therefor ; otherwise, 
he shall divide such amount pro rata, among such or- 
ders, in full discharge thereof. 

The board of appraisers shall receive from the county, 
or in the county of Suffolk from the city or town treas- 
urer, out of the moneys received under the provisions of 
this act, the sum of one dollar each, for every examina- 
tion made by them as prescribed in this section. 

The owner of sheep, lambs or other domestic animals 
worried, maimed or killed by dogs, shall have his elec- 
tion whether to proceed under the provisions of this 
section or under the provisions of sections sixty-one, 



GENERAL STATUTES. 127 

sixty- two and sixty- three of chapter eighty- eight of the 
General Statutes ; but having signified his election by 
proceeding in either mode, he shall not have the other 
remedy. 

Sect. 10. Any town, city or county officer refusing 
or neglecting to perform the duties herein imposed upon 
him, shall be punished by a fine not exceeding one 
hundred dollars, to be paid, except in the county of 
Suffolk, into the county treasury. 

Sect. 11. The treasurer of any county may, in an 
action of tort against the owner or keeper of any dog 
concerned in doing damage to sheep, lambs or other 
domestic animals, in said county, which damage has 
been ordered to be paid by the county commissioners, 
recover the full amount thereof to the use of said 
county. If the amount so recovered exceeds the amount 
so received by the owner of the sheep or other animals, 
under the provisions of section nine, the excess shall be 
paid by the county treasurer to such owner. All fines 
and penalties provided in this act may be recovered on 
complaint before any police court or trial justice, in the 
county where the offence is committed. Moneys re- 
ceived by the treasurer of any county, city or town, 
under the provisions of this act, and not expended in 
accordance with its provisions, may be applied to the 
payment of any county, city or town expenses. 

Sect. 12. In the county of Suffolk, all moneys re- 
ceived for licenses or recovered as fines or penalties, 
under the provisions of this act, shall be paid into the 
treasury of the city or town in which said licenses are 
issued or said fines or penalties recovered. All claims 
for damage done by dogs in said county, shall be deter- 
mined by the board of appraisers as specified in section 



128 GENERAL STATUTES. 

nine of this act, and when approved by the board of 
aldermen or selectmen of the city or town where the 
damage was done, shall be paid in full on the first day 
of January of each year, by the treasurer of said city or 
town, if the gross amount received by him under the 
provisions of this act, and not previously paid out, is 
sufficient therefor ; otherwise such amount shall be di- 
vided, pro rata, among such claims, in full discharge 
thereof. After such claims have been approved by the 
board of aldermen, or selectmen, 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. 13. Sections fifty-two, fifty-three, fifty-four, 
fifty-five, fifty-six, fifty-eight, sixty-four, sixty-five and 
sixty-six of chapter eighty- eight of the General Statutes 
are hereby repealed. 

Sect. 14. This act shall take effect in thirty days 
from its passage ; but any licenses heretofore duly 
granted under existing laws, shall be valid for the term 
for which they were granted : and all moneys received 
since the thirtieth day of April, of the current year, by 
the clerks of the several cities and towns for such li- 
censes, after deducting their fees, shall be paid over, 
except in the .county of Suffolk, to the treasurers of 
their respective counties, and disposed of according to 
the provisions of this act. 

[General Laws, Chap. 299. Approved May 14, 1864.] 



CITY ORDINANCES. 



[No. 1.] 

An Ordinance prescribing the manner of Eecording the 

Ordinances of the City. 

Be it ordained by the City Councii of the City of Boxbury^ 
as follows : 

Sect. 1. All ordinances which shall be passed by the 
Mayor and Aldermen and Common Council of said city, 
shall be engrossed or recorded by the City Clerk, in a 
fair and legible hand, without interlineation or erasure, 
in the order in which they shall pass to be ordained, in 
a book to be kept for that purpose, made of strong linen 
paper, with proper margins and index, to be lettered 
" Eecord 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.] 
17 



130 CITY ORDINANCES. 

[No. 2.] 

An Ordinance concerning the Form of Warrants, and 
the Service and Return thereof. 

Be it ordained, ^c, as follows : 

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

g L. s. § City of Roxbury. 

To either of the Constables of the City of Roxbury^ 
Greeting : In the name of the Commonwealth of Mas- 
sachusetts, you are hereby required, forthwith, to w^arn 

the inhabitants of Ward No. , qualified as the law 

directs, to assemble at — , on the day of , 

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

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

Witness , Mayor of our said City of 

Roxbury, the day of -— , in the year of our 

Lord one thousand eight hundred and . 

By order of the Mayor and Aldermen. 

, City Clerk. 

Sect. 2. All warrants for calling meetings of the 
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. 



CITY ORDINANCES. 1'31 

Sect. 3. The form of warrants for calling meetings 
of the inhabitants of the City of Roxbury, shall be as 
follows, to wit : 

g L. s. ^ City of Roxbury. 

To the Constables of the City of Roxbury, Greeting : 
In the name of the Commonw^ealth of Massachusetts, you 
are hereby required forthwith to warn the inhabitants of 
the City of Roxbury, qualified as the law directs, to 

assemble at , on the day of , at — 

o'clock, — M., then and there to . 

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

Witness , Mayor of our City of Rox- 
bury, the day of , in the year of our Lord 

one thousand eight hundred and . 

By order of the Mayor and Aldermen. 

, City Clerk. 

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

Sect. 5. It shall be the duty of the Mayor and 
Aldermen to fix the time when the poll shall close, as 
well as the time for the opening thereof, in the election 
of all ofl&cers, 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. 



132 CITY ORDINANCES. 

Sect. 7. All warrants for convening tlie legal voters 
of the city, shall be issued at least seven days before 
the time of holding said meeting, and it shall be the duty 
of the Constable warning said meeting, to make return 
thereof, one day before the holding said meeting. 

[Passed May 18, 1846.] 



[No. 3.] 

An Ordinance relating to the Election of certain City 

Officers. 

Be it ordained, 8fC., as follows : 

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, Sealers 
of Weights and Measures, Field Drivers, Fence Viewers, 
Pound Keeper, Tythingmen, Sealers of Leather, and 
Hog Reeves, shall be as follows, to wit: They shall first 
be elected by the Mayor and Aldermen, and sent down 
to the Common Council for its -concurrence, rejection or 
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,] 



* CITY ORDINANCES. 133 

[No. 5.J 

All Ordinance establishing the Office of City Mes- 
senger. 

Be it ordained, Sj-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- 
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 



134 CITY ORDINANCES. 

make. He shall receive for his services such compen- 
sation as the City Council shall annually, or from time 
to time, allow. 

[Passed May 18, 1846.] 



[No. 6.] 

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

Be it ordained, Sfc, as follows : 

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



CITY 11 D I N A N C E S . 135 

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

Sect. 4. No money shall be paid out of the City 
Treasury, except on orders drawn and signed by the 
Mayor, designating the fund or appropriation from 
Avhich said orders are to be paid. And the Mayor is 
hereby authorized to draw orders on the Treasurer for 
the payment of all accounts, claims and demands al- 
lowed by the Committee of Accounts ; and he shall 
not draw on the Treasury for the payment of any ac- 
count, claim or demand, unless the same shall have 
been allowed by the Committee of Accounts, nor shall 
he draw any order for services rendered or materials 
furnished for any department beyond the sum appro- 
priated by the City Council for the expenses of that 
department. Provided^ however, that in any case 
where it is necessary for money to be paid in advance, 
on contracts made for work begun, but not completed, 
the Mayor, upon being satisfied of such necessity, may 
draw an order on the City Treasurer for the amount 
thus necessary to be advanced ; provided, that every 
such order shall be countersigned by the City Clerk, 
who shall enter the same in the schedule of accounts, 
which he is required to present to the Committee on 
Accounts. 

Sect. 5. It shall be the duty of the Treasurer and 
Collector, to collect and receive all rents which may 



136 CITY ORDINANCES. 

be clue to the city, and all accounts and other demands 
against persons indebted to the city, and under the di- 
rection of the Joint Standing Committee on Public 
Property, to seal and execute all necessary leases of 
city lands or buildings. 

Sect. 6. It shall be the duty of the several depart- 
ments and officers of the city, to cause to be delivered 
to the City Treasurer for collection, accounts against 
persons indebted to the city ; and no department or 
officer of the city shall receive payment of any such 
account, and the receipt of the City Treasurer shall be 
deemed the only sufficient and valid discharge of debts 
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 Treas- 
urer, 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 



CITY ORDINANCES. 137 

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 
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.] 
18 



138 CITY ORDINANCES. 

[No. 7.] 
An Ordinance to preserve the Public Health, by Kegu- 
lating the Use of Chemical Laboratories, and the 
manufacture of White Lead and Red Lead. 
Be it ordained, SfC, as follows : 

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- 
ings now erected, as have heretofore been and are now 
used for the same purpose, unless licensed so to do by 
the Mayor and Aldermen of said city ; and every such 
license shall specify the place where such business, 
trade or employment may be carried on or exercised, 
and any and every person, who shall carry on or exer- 
cise the trade or 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, SfC, as follows : 

Sect. 1. It shall be the duty of the Collector of 
Taxes, as soon as the polls are ascertained, to collect or 



CITY ORDINANCES. 139 

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 
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.] 



140 CITY ORDINANCES. 

[No. 9.] 

An Ordinance establishing the Office of Commissioner 
or Commissioners of Highways, and defining the 
Duties thereof. 

[Repealed by Ordinance No. 40.] 



[No. 10.] 

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

[Repealed by Ordinance No. 34.] 



[No. 11.] 

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

Be it ordained^ ^c, as follows: 

Sect. 1. The Mayor and Aldermen be, and they 
hereby are authorized and directed, to appoint twelve * 
sober, discreet, and able-bodied men, of good moral 
character, to be Watchmen in the easterly section of 
the City of Roxbury, from such hour in the evening 
until such hour in the morning, as the said Mayor and 
Aldermen shall appoint. And also a suitable person 
to be the officer of the Watch, who shall also be a dis- 
creet, sober and able-bodied man of good moral char- 
acter. And the said officer and Watchmen shall con- 
tinue in office until removed by the said Mayor and 
Aldermen, or death or resignation ; and they shall 
receive such compensation for their services respec- 
tively, as the said Mayor and Aldermen shall establish ; 

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



CITY ORDINANCES. 141 

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. 

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

[Passed July 27, 1846.] 



[No. 12.] 

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

Be it ordained, ^c, as follows: 

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 expedient. 

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



142 CITY ORDINANCES. 

Sect. 3. It shall be the duty of the Undertakers, 
under the direction of the Mayor and Aldermen, to 
take the care and superintend such burial grounds as 
shall be assigned to them in their appointment ; to 
detect and prosecute trespassers, and generally to ex- 
ercise, all the power and authority vested in the City 
Council in relation to burial grounds. It shall also be 
their duty, as soon as informed of the decease of any 
person within the limits of the city, to be interred in 
their district, to take the personal charge and over- 
sight of all necessary arrangements for the removal and 
burial of the body of the deceased, and for the funeral 
procession ; subject to such general or particular direc- 
tions 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, occupation, place of death, 
place of birth, names of the parents, and disease or 
cause of death. 

Sect. 4. In case of absence, sickness, or temporary 
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. 



CITY ORDINANCES. 143 

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, attendance at 
the house, and going from the house to the grave or 
tomb, and for the use of the horse he may employ, he 
shall receive a sum not exceeding five dollars for the 
burial of each person twelve years old and upwards ; 
and a sum not exceeding three dollars for every child 
less than twelve years old, — to be paid by the person 
employing him. 

Sect. 7. Whenever any person shall decease within 
the limits of the city, it shall be the duty of the nearest 
relative, or of the person in whose house the person 
may have died, or any other person who may have 
first become informed of the event, to cause the same 
to be made known to the Undertaker as soon as 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- 

* Change of. Per Ord. No. 27. 



144 CITY ORDINANCES. 

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.] 



[No. 13.] 

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

Be it ordained, ^c, as follows : 

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 obtaining a written license from the Mayor 
and Aldermen, or some person authorized by them to 
grant such license, and complying in all respects 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. 



CITY ORDINANCES. 145 

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 
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 sub- 
stantial platform or grate ; or in case it shall be kept 

* Concerning gates. Ord. No. 23. 
19 . 



146 CITY ORDINANCES. 

open, it shall be guarded and protected by a sufficient 
railing, on both sides thereof, at least two feet and a 
half high, and well lighted at night. No person shall 
permit or suffer his well, cistern or drain, in any street, 
la,ne, alley or sidewalk, in the city, to be or remain 
open or uncovered, unless the same shall be enclosed by 
a strong and safe curb, guard or fence. 

Sect. 5. If any person shall dig or sink, or cause to 
be dug or sunk, any well, cellar, cistern, drain or other 
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 author- 
ized, or by the City Marshal, to remove such obstruc- 
tion. 

Sect. 7. No person shall wheel, drive, draw, or pass 
with any hand-cart, wheel-barrow, hand-sled, or any 
other carriage of burthen or pleasure, or permit any 
horse, ox or other beast, under his care, to go upon any 
sidewalk in the city, or otherwise occupy, obstruct or 
encumber the same, by any trunk, bale, barrel, box, 
crate, cask, or any package, article or thing whatsoever, 
or in any way obstruct any street, lane, alley or side- 



CITY ORDINANCES. 147 

walk, so as to interfere with the convenient use of the 
same by all passengers. No person shall stop his team 
or carriage, or unnecessarily place any obstruction on 
any flagging stones laid, or that shall hereafter be laid 
. in or across any street, lane or alley in the city ; and in 
streets where there are no raised sidewalks, five feet 
in width next adjoining the lands of the abutters on 
each side of such street shall be deemed and taken to 
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 descrip- 
tion, either of burthen or pleasure, or cause the same 
to be rode or driven in any street, lane or alley, or over 
any bridge in the city, at an immoderate gait, so as to 
endanger or expose to injury any person standing, Avalk- 
ing or riding in or on the same. And every person 
having any truck, cart, wagon or other team of burthen 
under his care, shall, when driving or passing in or upon 
any street, lane, alley or bridge in the city, hold the reins 
of his horse or horses in his hand, or be in such position, 
and so near the team he is driving, as to be able at all 
times to guide, restrain and govern the same. 

Sect. 9. No person shall put or place, or cause to 
be put or placed, carry or cart, or cause to be carried or 
carted, in or upon any street, lane, alley or other public 
place in the city, any house dirt, ashes, soot, garbage, 
carrion, shreds, shavings, filth, suds, oyster, clam, or 
lobster shells, dung, offal, stones, brick, masons' or brick- 
layers' rubbish, or any other kind of rubbish, except in 
such place and in such manner, as the Mayor and Alder- 
men shall prescribe. 

Sect. 10. No person shall suffer his firewood, coal, or 



148 CITY ORDINANCES. 

other fuel in any quantity to remain unnecessarily on any 
sidewalk, or in any street, lane or alley, in the city, over 
night, or after twilight, in the evening. If the same 
must of necessity remain after twilight, or through the 
night, the owner thereof shall place and keep a sufficient 
light over or near the same, through the night, in order 
to give notice thereof to travellers and passengers, and 
thereby prevent injury to them. 

Sect. 11. No person shall saw any firewood, or pile 
the same upon the foot or sidewalks of any of the 
streets or lanes of the city, and no person shall stand on 
any such foot or sidewalk with his wood-saw^ or horse, 
to the hindrance or obstruction of any foot passenger. 

Sect. 12. No person shall move, or assist in moving, 
any house, shop, or other building, through any street, 
lane or alley, or over any bridge, in the city, unless a 
written license shall have been obtained to remove the 
same, as provided in the second section of this Ordi- 
nance. 

Sect. 13. Any person who shall throw or put, or 
cause to be thrown or put, any snow or ice into any 
street, lane or alley, in the city, shall cause the same to 
be broken up and spread evenly over the surface of such 
street, lane or alley. 

Sect. 14. No person shall swim or bathe in any of 
the waters within or surrounding the city, so as to be 
exposed to the view of 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 ; 



CITY ORDINANCES. 149 

nor shall any person play any such game, at such table 
or device, in or upon any street, lane, alley, public place, 
common or sidewalk in the city. No person shall place 
or keep any table, stall, booth, or other erection, in any 
street, lane, alley, or public place, or on any sidewalk 
in the city, for the sale of fruit or other thing, without 
permission from the Mayor and Aldermen. 

Sect. 16. No person shall, except in the 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, w^ithin the city, or in or upon any 
street, lane, alley, public place or wharf, or within fifty 
rods thereof, or within fifty rods of any building in the 
city, in any yard, garden or field therein. 

Sect. 17. No person shall fire any squib, cracker, 
serpent, or other preparation whereof gunpowder is an 
ingredient, or which consists wholly of the same, or 
make any bonfire in or upon any street, lane or public 
place, or wharf within the city. 

Sect. 18. No person shall behave himself in a rude 
or disorderly manner, or use any indecent, profane or 
insulting language, in any street, lane, alley or other 
public place in the city, or near any dwelling-house or 
other building therein ; or coast or course upon any 
sled or sleds, in any street, lane, alley or other public 
place, in the city, or be or remain upon any sidewalk, 
or upon any door-step, portico or other projection from 
any such house or other building, to the annoyance or 
disturbance of any person. No person shall make any 
indecent figures nor write any indecent or obscene words 
upon any fence, building or other public place within 
the city. No person shall by any noise, gestures, or 
other means, wantonly and designedly frighten or drive 



150 CITY ORDINANCES. 

any horse, in any street or other public place in the 
city. No person shall use or shoot with bows and 
arrows, or play at any unlawful game, or at ball, with 
marbles, dice, cards, paw-paws, coppers, cents or other 
coin, or fly any kite or balloon, or throw any stones, 
clubs, snow-balls or other 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 



CITY ORDINANCES. 151 

and a half in height at the lowest part thereof ; nor 
shall such awning or shade extend beyond the line of 
the sidewalk. 

Sect. 23. No horse shall be turned out loose, or suf- 
fered to go at large, or to go to water in the city, with- 
out a suitable person to lead or drive him. 

No person shall permit any horse, swine, goat, cow 
or other neat cattle, belonging to him or under his con- 
trol, to graze in any street, lane or alley, or on any 
common in the city, nor to go at large therein. 

Sect. 24. No person shall erect or cause to be erect- 
ed, any fence or building, adjoining any street or public 
ground, without first having ascertained the bounds of 
the same, by application to the Mayor and Aldermen for 
that purpose. 

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

Sect. 26. No person shall take hold of or ride upon 
the back of any chaise, sleigh, coach or other carriage, 
used for the transportation of persons, while the same is 
passing any street, or highway of said city, without the 
permission of the owner or driver of the same. 

Sect. 27. Any person who shall offend against any 
of the provisions of this Ordinance, shall forfeit and pay 



152 CITY ORDINANCES. 

for each and every ofTence a sum not less than one dol- 
lar, nor more than twenty dollars. 

Sect. 28. No person shall be prosecuted or tried for 
any breach of the provisions of this Ordinance, unless 
the complaint for the same shall be instituted and com- 
menced 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, &fc. , as follows : 

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 

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



CITY ORDINANCES. 153 

filth and causes of sickness, to be prevented, removed 
or destroyed, as the case may require, conformably to 
the ordinances of the City Council as aforesaid, and 
the laws of the Commonwealth ; and to this department 
shall belong the care of the streets, the care of the 
common sewers, and the care of the vaults, and what- 
ever 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, infec- 
tious, or other dangerous disease occurring in the city 
or neighborhood, to give to the Mayor or either Board 
of the City Council, air such professional advice and 
information as they may request, with a. view to the 
prevention of the said diseases, and at all convenient 
times, to aid and assist them with their counsel and 
advice in all matters that relate to the preservation of 
the health of the inhabitants. 

Sect. 3. Whenever any person, coming from abroad 
or residing in 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 
20 



154 CITY ORDINANCES. 

and Aldermen, be provided with a sufficient drain under 
ground to carry off the waste water ; and also with a 
suitable privy, and of a sufficient capacity in proportion 
to the number of inhabitants of such tenement, which 
vault and drain shall be in common and subject to the 
use of all said inhabitants. 

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

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 other- 
wise, public notice in a newspaper printed in Roxbury, 
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 common and sub- 
ject 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 



CITY ORDINANCES. 155 

are in a state of nuisance, or so situated that they may 
become a nuisance, and the health of the inhabitants 
be endangered, it shall be their duty, and they are 
authorized to cause a notice in writing to be served 
upon the owners or occupants thereof, and if there 
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. 



156 CITY ORDINANCES. 

Sect. 9. If any of the substances, in the preceding 
section mentioned, shall be thrown or carried from any 
house, warehouse, shop, cellar, yard or other place, 
into any street, lane, alley, court, square, public place 
or vacant lot, as well the owner of such house, or other 
place, whence the same shall have been thrown or car- 
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 Aldermen 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 expense of the 
owner or occupant of such house or other place, where 
the same shall be found, and be removed to such place 
as he vshall be directed, within four hours after notice in 
writing to that effect, given by the Mayor and Alder- 
men, 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 pro- 



CITY ORDINANCES. 157 

visions ; 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 pro- 
hibited 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 required to 
remove the same, six hours after having received notice 
from the Mayor and Aldermen in writing, to remove the 
same, or that such animals are prohibited to be kept in 
such place, shall forfeit and pay the sum of three dollars, 
for each and every swine or goat so kept, for each and 
every day during which he shall so keep the same or- 
any of them. 

Sect. 13. Whenever any person shall have been 
duly notified to remove any nuisance, or to cleanse, 
alter or amend any vault or drain, or to perform any 
other act or thing which it may be his duty to per- 
form, in obedience to the la^ws 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 notices from 
time to time to such delinquents, until the duty shall be 



158 CITY ORDINANCES. 

executed, and the nuisance remedied or removed. And 
the Mayor shall cause all persons who shall violate or 
disobey the said health laws and regulations, to be 
forthwith prosecuted and punished. And in case, in 
the opinion of the Mayor and Aldermen, it shall be for 
the health or comfort of the inhabitants that any par- 
ticular nuisance shall be forthwith removed, and with- 
out delay, it shall be their duty to cause the same to be 
removed accordingly, at the expense of the owner or 
owners of the land upon which the said nuisance exists. 
Sect. 14. The City Marshal, or any person 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 officer, or other person so author- 
ized, into said building, the City Marshal shall, on 
oath, complain to any Justice of the Peace within said 
city, and shall apply for his warrant, according to the 
statute in such case made and provided, and shall 
thereupon proceed, under the authority of said Court, to 
examine such building or other place, and to destroy, 
remove or prevent any nuisance, source of filth or cause 
of sickness, that may be f(^und there, in such manner as 
the Mayor and Aldermen shall direct. And the said 
City Marshal, or any person authorized as aforesaid, 
shall, and may, at any time between sunrise and sunset, 
enter into any yard or lot of ground, or into any out- 
house, and examine any alley, sink, cess-pool, privy, 
vault, public or private dock or slip, or drain, or sewer, 



CITY ORDINANCES. 159 

and shall report to the Mayor and Aldermen all such as 
the health or security of the city may require to be 
cleansed, altered or amended. 

Sect. 15. Any person offending against any of the 
provisions of this Ordinance, to which a particular 
penalty is not annexed, shall forfeit and pay for each 
and every oifence 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 follows : 

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.] 



160 CITY ORDINANCES. 

[No. 16.] 

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

[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 altera- 
tions therein from time to time. 

[Passed September 14, 1846.] 



[No. 18.] 

An Ordinance to establish the City Seal. 

Be it ordained, ^c, as follows : 

That the following be the device of the City Seal, as 
suggested by B. E. Cotting, M. D., to wit: On the right 
of the centre of the foreground, a young matron, seated, 
resting her left arm upon a shield, on which are inscribed 
the Arms of the State ; holding in her extended right 
hand a Mural Crown, as in the act of presenting it; — on 
the centre and left of the background, a view of the 
City ; in front of which, on the middle ground a train 
of railroad cars passing towards the metropolis ; above, 



CITY ORDINANCES, 



161 



on a scroll, the word ROXBURY; beneath, CONDITA, 
A. D. 1630. In the lower semi-circle of the border, 
OIVITATIS 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, 8fC., as follows: 

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

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 pre- 
scribing the duties of a City Marshal — passed May 18, 
1846: 

21 



162 CITY ORDINANCES. 

An Ordinance concerning the form of Warrants, 
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 Grrounds 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," wherever the 
same occurs in said Ordinances, shall be stricken out. 



CITY ORDINANCES, 163 

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

[Passed May 24, 1847.] 



[No. 20.] 

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

Be it ordained, 8fC., as follows. • 

Sect. 1. The Mayor of the City is hereby authorized 
and empowered to affix the City Seal unto, and to exe- 
cute 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 establish- 
ing a system of accountability in the expenditures of the 
City, so far as the same relates to the execution of leases 
by the City Treasurer, is hereby repealed. 

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

[Passed May 24, 1847.] 



[No. 21.] 

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

[Repealed by Ordinance No. 34.] 



164 CITY OEDINANCES. 

[No. 22.] 

An Ordinance relating to the Expenditures for Scliools. 

JBe 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, stationery, maps and 
scientific apparatus, furnished for the schools by the 
School Committee, when certified by the Chairman or 
Secretary of said Committee, shall be audited by the 
Committee on Accounts and be paid from the City 
Treasury. 

Sect. 2. Whenever any new school house or the 
enlargement of any school house shall be required, it 
shall be the duty of the Committee on Public Property 
to confer with the School Committee as to the location 
and building or enlargement of such school house ; and 
said Committee, when directed by the City Council, 
shall purchase land for that purpose, and by contract or 
otherwise, erect or enlarge such school house in such 
manner and after such plans as they may deem expedient. 
Provided, that the expense shall not exceed the appro- 
priation therefor ; and said Committee shall also provide 
rooms and furnish the same for the use of schools, when- 
ever,such rooms and furniture shall be necessary, provided 
that the expense thereof shall not exceed the sum of one 
hundred dollars in any one instance. 

Sect. 3. The Committee on Public Property shall 
cause all necessary repairs to be made in and upon the 
several school houses and the grounds attached thereto, 
belonging to the city, and provide all necessary articles 



CITY ORDINANCES. 165 

for the comfort and convenience of the schools (with the 
exception of fuel) that may be deemed necessary, pro- 
vided the School Committee may make any necessary 
repairs and provide all articles that they may deem 
necessary for the comfort and convenience of the schools, 
whenever such repairs or 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^ SfC, as follows : 

Sect. 1. No person shall make, erect or maintain 
any gate, in or upon any street, lane, alley or sidewalk 
in the city, in such 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 manner 
prescribed in the Ordinance to which this is an addition. 

[Passed March 20, 1848.] 



166 CITY ORDINANCES. 

[No. 24.] 

An Ordinance establishing the Name of the Rural 
Cemetery. 

Be it ordained J 8fc., asfoUoivs: 

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

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

[Passed July 3, 1848.] 



[No. 25.] 

An Ordinance in relation to Numbering Houses and 
other buildings. 

Be it ordained, Sfc, as follows : 

The Mayor and Aldermen shall have power to cause 
numbers of regular series to be affixed to all dwelling 
houses and other buildings, fronting on any street, lane, 
alley or public court within the City of Roxbury, at their 
discretion ; and shall also have power to determine the 
form, size and material of such numbers, and the mode, 
place, succession and order of affixing them on the 
houses and other buildings: provided it can be done 
without expense to the city. 

[Passed October 10, 1848.] 



CITY ORDINANCES. 167 

[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 follows : 

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 offfences established by the twenty- 
first chapter of the Revised Statutes. 

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

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

[Passed December 11, 1848.] 



168 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, SfC, as follows: 

Sect. 1. Fees not exceeding the following, shall be 
collected and paid for the services of the Undertakers, 
instead of those established by the Ordinance to which 
this is in addition, viz. : For digging a grave and cover- 
ing the same, for a person over ten years of age, one 
dollar, and for a child not over ten years of age, sixty- 
three cents ; for opening and closing a tomb for the recep- 
tion of a corpse, fifty cents; for services at the funeral 
and transporting in a car the body of a person over ten 
years of age to the place of interment, four dollars, and 
of a child not over ten years of age, three dollars; for 
removing a body from a grave to a grave or tomb, four 
dollars; and from a tomb to a grave or tomb, two dollars 
and twenty-five cents; for attending funerals of deceased 
persons brought from other places into this city for in- 
terment, if in a grave, two dollars, but if in a tomb, one 
dollar ; for removing a deceased person from this city to 
any other city or town, or from any city or town to this 
city, for interment, three dollars. 

Sect. 2. So much of the "Ordinance in relation to 
Burial Grounds and the Interment of the Dead," passed 
August 6, 1846, to which this is in addition, as is in- 
consistent herewith, is hereby repealed. 

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

[Passed January 8, 1849,] 



CITY ORDINANCES. 169 

[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, 8fC., as follows: 

Sect. 1. The Mayor and Aldermen shall establish 
such places as they may deem necessary, as stands for 
the sale and measuring of wood and bark brought into 
the city in carts, wagons or sleds, from the country. 

Sect. 2. Any person bringing wood or bark into the 
city for sale, as aforesaid, who shall, before or after the 
same has been duly measured, stand for sale thereof in 
any other street or place than those appointed by the 
Mayor and Aldermen, shall forfeit and pay a sum not 
exceeding two dollars for each offence. 

Sect. 3. This Ordinance shall take effect and go 
into operation from and after the fifteenth day of Jan- 
uary, eighteen hundred and forty-nine. 

[Passed January 8, 1849.] 



[No. 29.] 

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

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

Be it ordained, ^c, as follows : 

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

"22 



170 CITY ORDINANCES. 

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

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

of Massachusetts, in consideration of dollars, paid 

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

of Land in the 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, exterior to the 
said lot. 

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

Third. That the proprietors of said lot shall have the 



CITY ORDINANCES. 171 

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 in- 
convenient. 

Sixth. That if any monument or effigy, cenotaph or 
other structure whatever, or any inscription, be placed 
in or upon the said lot, which shall be determined by a 
majority of the said Commissioners for the time being, 
to be offensive or improper, the said Commissioners, or a 
majority of them, shall have the right and it shall be 
their duty to enter upon said lot and remove said offen- 
sive 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 



172 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 remains 
of any person to be deposited within the bounds of his 
lot for hire. 

Ninth. The said lot shall be indivisible ; and upon 
the death of the grantee, the devisee of said lot, or the 
heir at law, shall be entitled to all the privileges of the 
original grantee : and if there be more than one devisee 
or heir at law, the said board of Commissioners shall 
designate which of said devisees or heirs at law shall 
then exercise the right of using said lot, which designa- 
tion shall continue in force until by death or removal, 
or other sufficient cause, another designation . shall be- 
come necessary ; and in making such designation said 
Commissioners shall, as far as they conveniently may, 
give the preference to males over females, and to prox- 
imity of blood and priority of age ; having due regard, 
however, to proximity of residence. 

Tenth. The said lot sliall be holden subject to all 
by-laws, rules and regulations made and to be made by 
the said Board of Commissioners, in pursuance of au- 
thority granted to them in and by any act or acts of the 
Commonwealth of Massachusetts. 

And the said City of Roxbury hereby covenants to 

and with the said , heirs and assigns, that 

the said city is lawfully seized in fee simple of the 
aforegranted premises, and of the ways leading to the 
same from the highway, that the granted premises are 
free from all incumbrances, that the said city hath 
good right to sell and convey the same to the said 
— — - , in the manner and for the purposes afore- 



CITY ORDINANCES. 173 

said, and will warrant and defend the same unto the 
said , heirs and assigns forever. 

In Witness whereof, the said City of Roxbury hath 

caused these presents to be signed by , the 

Chairman of the said Board of Commissioners, to be 

countersigned by , their Secretary, and 

, the Treasurer of the said city, and to be 

sealed with its common seal, this day of , 

in the year of our Lord, eighteen hundred and . 

Signed, sealed and delivered in presence of 



, Chairman. 

Countersigned, , Secretary. 

, City Treasurer. 

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

I hereby certify that the foregoing Deed has been 
received, entered and recorded in this office, in the book 

provided for the purpose, being book No. , and 

page No. . 

, City Clerk. 

Sect. 2. All deeds executed in conformity to the 
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.] 



174 CITY ORDINANCES. 

[xNo. 30.] 

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

[Repealed, by Ordinance No. 34.] 



[No. 31.] 

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

Be it ordained, ^c, as follows : 

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. 175 

[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 Roxbuiy." 

Be it ordained, Sfc, as follows: 

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

Sect. 2. Any person offending against any of the 
provisions of this Ordinance, shall forfeit for each and 
every offence, a sum not less than five, nor more than 
twenty dollars, and shall also be liable to prosecution for 
the penalty for such offences, established by the twenty- 
first chapter of the Revised Statutes. 

Sect. 3. All Ordinances, or parts thereof, inconsis- 
tent 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.] 



176 CITY ORDINANCES. 

[No. 34.] 

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

Be it ordained, Sfc, as follows : 

Sect. 1. The Fire Department of the City of Eoxbury 
shall consist of a Chief Engineer, four Assistant Engi- 
neers, 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 seni- 
ority 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 appointed 

Engineer of the Fire Department of the 
City of Roxbury, and entitled to all the immunities be- 
longing to said office. 

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

, Mayor. 

, City Clerk. 

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



CITY ORDINANCES. 177 

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 Accounts. 

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 Department, and 
over all persons present at fires, and they may make 
such rules and regulations for the better government, 
discipline and good order of the Department, and for 
extinguishment of fires, as they may from time to time 
think expedient, the same not being repugnant to the 
laws of the Commonwealth, or to any ordinance of the 
city, and being subject to the approval of the Mayor 
and Aldermen. 

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

Sect. 5. It shall be the duty of said Engineers, 

whenever a fire shall break out in the city, immediately 

to repair to the place of such fire, and to carry with 

them a suitable staff, or badge, of their office ; to take 

proper measures that the several Engines, and other 
23 



178 CITY ORDINANCES. 

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 persons 
who may be present at fires ; and shall direct all proper 
measures for the extinguishment of fires, protection of 
property, preservation of order, and observance of laws, 
ordinances, and regulations respecting fires. And it 
shall be the duty of the said Chief Engineer to examine 
into the condition of the Engines and all other fire 
apparatus, and of the engine and other houses, and the 
reservoirs belonging to the city, and used for the pur- 
poses of the Fire Department, and of the companies 
-attached to the said Department, as often as circum- 
stances may render it expedient, or whenever directed 
so to do by the Mayor and Aldermen, or by the Com- 



CITY ORDINANCES. 179 

inittee on the Fire Department, and annually to report 
the same to the City Council, and oftener, if requested. 
Also, to cause a full description of the same, together 
with the names, age and residence of the officers and 
members of the Department to be published annually, in 
such manner as the City Council shall direct ; and 
whenever the Engines or other fire apparatus, engine or 
other houses used by the Department, require altera- 
tions, additions or repairs, the said Chief Engineer, 
under the direction of the Committee on the Fire De- 
partment, 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 hereinafter prescribed, and all 
other communications relating to the affairs of the Fire 
Department ; to keep or to cause to be kept fair and 
exact rolls of the respective companies, specifying the 
time of admission and discharge of each member, and 
also a record of all accidents 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 destroyed or injured, together with the names 
of the owners or occupants, and report the same, once 
in each year, to the City Council. 

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

Sect. 7. In the absence of the Chief Engineer, the 



180 CITY ORDINANCES., 

Engineer next in rank who may be present, shall exe- 
cute the duties of his office with full powers. 

Sect. 8. No person under the age of twenty-one 
years shall be employed as a member of the Fire De- 
partment, nor shall any person be so employed who is 
not a citizen of the United States. And the names of 
all persons admitted into the several companies, or dis- 
charged therefrom, shall within ten days after such ad- 
mission or discharge, be returned to the Chief Engineer. 

Sect. 9. The terms of service for the members of the 
Fire Department may commence on the first day of 
May, August, November and February, and shall con- 
tinue for periods of six months each ; and no member 
shall be entitled to any pay, unless he has served three 
months in the company in which he enters. And the 
Clerks of the several companies shall, on or before the 
first day of August, November, February or May, re- 
turn to the 'Chief Engineer a separate certificate of the 
service of each member of their respective companies. 

Sect. 10. Each of the Engine, 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 w^riting, to any 
member of the company, to perform that duty until one 
shall be elected. And if there be no commanding 
officer, the acting Chief Engineer shall issue the order 
as aforesaid, and shall likewise designate and detail 



CITY ORDINANCES. 181 

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 persons so receiving the vote of the 
company, shall be approved by the Mayor and Alder- 
men for the respective offices to which they shall have 
been elected, they shall receive a certificate of appoint- 
ment, in the form as follows : 

This certifies, that is appointed of 

Company No. of the Fire Department of 

the City of Roxbury, and is entitled to all the immu- 
nities belonging to said office. 

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

-^ ' — , Mayor. 

— , City Clerk. 



And shall be invested with all the authority, and sub- 
ject to all the duty required by the laws, the City 
Ordinances and rules and regulations of the Fire De- 
partment. And in case the persons are not approved 



182 CITY ORDINANCES. 

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 ofl&ces, 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 Alder- 
men may, at any time, discharge * the officers or mem- 
bers of the said companies. 

Sect. 13. Whenever any person shall have received 
his certificate of appointment to any office, as aforesaid, 
he shall perform all the duties thereof for the year 
which he was ciiosen, until discharged therefrom, either 
by death or resignation, or by order of the Mayor and 
Aldermen ; in which case the Chief Engineer shall 
cause a meeting to be held, as before provided, to fill 
the vacancy. 

Sect. 14. It shall be che duty of the Foremen 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 belong- 
ing to the same, are kept neat, clean, and in order for 
immediate use ; it shall also be their duty to preserve 
order and discipline at all times in their respective com- 
panies, and require and enforce a strict compliance with 
the City Ordinances, the rules and regulations of the 
Department and the orders of the Engineers. They 
shall also keep, or cause to be kept, by the Clerks of 
their respective companies, fair and exact rolls, specify- 

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



CITY ORDINANCES. 183 

ing the time of admission and discharge 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 accurate returns of all the members and the 
apparatus entrusted to their care, whenever called upon 
so to do. 

Sect. 15. It shall be the duty of the officers and 
members of the several Engine, Hose and Hook and 
Ladder Companies, whenever a fire shall break out in 
the city, to repair forthwith to their respective Engines, 
Hose, and Hook and Ladder carriages, and other appa- 
ratus, and to convey them in as orderly a manner as 
may be, to or near the place where the fire may be, and 
in conformity with the directions of the Chief, or other 
Engineers, to exert themselves in the most orderly man- 
ner possible, in working and managing the said Engines, 
Hose, and Hooks and Ladders and other apparatus, and 
in performing any duty that they may be called on to 
do by any Engineer ; and upon permission of the Chief 
or other Engineer, shall in an orderly and quiet manner 
return the said apparatus to their respective places of 
deposit. Provided, in the absence of all the Engineers, 
such direction and permission may be given by their 
respective Foremen. 

Sect. 16. The Board of Engineers, upon the nomi- 
nation of the company, from among the members, may 
appoint two or more Suction Hosemen, and three or 
rnore Leading Hosemen, for each Engine company, and 



184 CITY ORDINANCES. 

the men thus appointed shall hold their places for one 
year, unless sooner removed by the Board of Engineers, 
and until others are appointed in their places. 

Sect. 17. The Engineers shall in like manner ap- 
point a Steward to each company, Avho shall hold his 
office for one year, unless sooner removed by the Board 
of Engineers, and until another shall be appointed in his 
place. It shall be the duty of the Steward to keep the 
house, engine, hose, or other apparatus belonging to the 
company, clean and ready for immediate use. 

Sect. 18. The Engineers and members of the 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 per- 
mitted 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 meet- 
ings of the companies. 

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

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

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



CITY ORDINANCES. 185 

other than to a fire, without permission from the Mayor 
and Aldermen. 

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

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

[Passed April 7, 1851.] 



[No. 35.] 

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

[Repealed by Ordinance No. 38.] 



[No. 36.] 

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

[Repealed by Ordinance No. 73.] 



[No. 37.] 

An Ordinance establishing the Office of City Crier. 

Be it ordained, ^c, as follows: 

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

24 



186 CITY OEDINANCES. 

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 Aldermen, 
whenever they shall demand the same ; and no Common 
Crier shall publish or cry any abusive, libellous, profane 
or obscene matter or thing whatsoever. 

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

[Passed June 28, 1852.] 

-^-* — 

[No. 38.] 

An Ordinance in relation to Truaiit Children aiid 
Absentees from School. 

Be it ordained, Sfc, as follows: 

Sect. 1. The City of Roxbury hereby adopts the two 
hundred and ninety-fourth chapter of the laws of this 
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. 



CITY ORDINANCES. 187 

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- 
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 per- 
sons to make the complaints in every case of violation 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. 



188 CITY ORDINANCES. 

Sect. 6. This Ordinance shall go into effect from 
and after its passage and approval by the Court of Com- 
mon Pleas for the County of Norfolk, and no Ordinance 
which has been heretofore repealed shall be revived by 
the repeal herein contained. 

[Pa,ssed July 12, 1852.] 
[Approved September term Court of Common Pleas.] 



[No. 39.] 

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

[Repealed by Ordinance No. 60. J 



[No. 40.] 

All Ordinance establishing the Office of Commissioner 
of Streets, and defining the Duties thereof. 

Be it ordained, S^c, as follows: 

Sect. 1. Forthwith and hereafter, in the month of 
January annually, there shall be appointed by the 
Mayor and Aldermen a Commissioner of Streets, who 
shall continue in office until removed, or until a succes- 
sor be appointed. He shall receive such compensation 
for his services as the Mayor and Aldermen shall estab- 
lish, and shall be removable at the pleasure of the Mayor 
and Aldermen ; and in case said office shall become va- 
cant 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, 



CITY ORDINANCES. 189 

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 person as 
he may direct, in case of nuisance, obstruction or en- 
croachment in or upon any of the streets, roads, side- 
walks, bridges, public walks or squares of the city. 
And the city shall not be responsible for any of his 
doings that have not been ordered by the City Council, 
the Mayor and Aldermen, or the Surveyors of Highways, 
or sanctioned by express vote. 

Sect. 3. The said Commissioner, under the control 
and direction of the Mayor and Aldermen, shall have 
the care and superintendence of the city stables, horses, 
carts, 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 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 January, 
annually, make and render to the City Council a report 
containing a general statement of the expenses of his 
department during the preceding year, and specifying 



190 CITY ORDINANCES. 

as near as may be the amounts expended upon different 
streets for sidewalks, number of feet of edgestones laid, 
number of yards of paving and cost of same, and such 
other information as he may consider desirable, together 
with a schedule in detail of the 'property under his 
charge belonging to the city. 

Sect. 5. The Ordinance entitled, " An Ordinance 
establishing the office of Commissioner or Commissioners 
of Highways, and defining the duties thereof," passed 
the twenty-second day of June, in the year eighteen 
hundred and forty-six, is hereby repealed. 

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

[Passed March 20, 1854.] 



[No. 41.] 

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

[Repealed by Ordinance No. 54.] 



[No. 42.] 

An Ordinance to repeal "An Ordinance authorizing the 
Appointment and prescribing the Duties of a City 
Marshal." * 

Be it ordained, SfC, as follows : 

Sect. 1. The Ordinance authorizing the appointment 
and prescribing the duties of a City Marshal, is hereby 
repealed. 

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

[Passed May 8, 1854.] 
* Ord. No. 45 provides for appointment of City Marshal. 



CITY ORDINANCES. 191 

[No. 43.] 

An Ordinance establishing the office of City Solicitor. 

Be it ordained, SfC^as follows : 

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

Sect. 2. That it shall be the duty of said Solicitor 
to draft all legal instruments which may be required of 
him, by any ordinance or order of the Mayor and Alder- 
men, or of the City Council, or Avhich may be requisite 
to be made by the City of Roxbury, and any person con- 
tracting with the City in its corporate capacity, and 
which by law, usage or agreement, the city is to be at 
the expense of drawing. 

Sect. 3. That it shall be the duty of the City Solicitor 
to commence and prosecute all actions and suits to be 
commenced, and to prosecute all actions already com- 
menced by the City before any tribunal in this Common- 
wealthj and also to appear in, defend and advocate the 
rights and interests of the city, or any of the officers of 
the city, in any suit or prosecution for any act or omis- 
sion in the discharge of their official duties, wherein any 
estate, right, privilege, ordinance, or acts of the City 
Government, or any breach of any ordinance may be 
brought in question. And said Solicitor shall also appear 
before the Legislature of the Commonwealth, or any 
Committee thereof, or any Board of Commissioners or 
Referees appointed by law, and there represent, defend 



192 CITY ORDINANCES. 

and advocate the interests of the city whenever the same 
may he in any way affected, whether to prosecute or 
defend the same ; and he shall, in all matters, transact 
all professional business incident to the office, which may 
be required of him by the City Government, or by any 
Committee thereof; and he shall, when required, furnish 
the Mayor and Aldermen, the Common Council, or any 
Committee of either or botli branches, or any member 
thereof, or any officer of the City Government who may 
require it in the official discharge of his duties, with his 
legal opinion on any subject relating to the duties of 
their respective offices. And his opinion shall be given 
in writing whenever required. 

Sect. 4. That in full compensation for all the servi- 
ces of said Solicitor, he shall receive the sum of five 
hundred dollars for the first year, after which he shall 
receive such salary as the City Council may from time 
to time determine upon ; and said salary shall be paid 
in equal quarterly payments. In all cases, however, 
when his attendance may be required out of the city, 
his reasonable travelling expenses shall be allowed him ; 
and in suits and prosecutions he shall be entitled to re- 
ceive 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.] 



CITY ORDINANCES. 193 

[No. 44.] 

An Ordinance relating to Expenditures for Lamps. 

Be it ordained^ Sfc, as follows : 

Sect. 1. The appropriations made by the City Council 
for Lamps, shall be expended under the direction of the 
Committee on Lamps. And all bills and accounts for 
lamps, lamp-posts, oil, camphene and gas, when certified 
by the Chairman of said Committee, shall be audited 
by the Committee on Accounts, and be paid from the 
City Treasury. 

Sect. 2. Said Committee shall from time to time 
cause such additional lamps to be set up as they may 
determine that the public safety and convenience require, 
(provided the expense shall not exceed the appropria- 
tion 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 condi- 
tion of the city lamps ; the manner the appropriations 
under their direction have been expended, and make 
such suggestions in reference to future appropriations 
and expenditures for the purpose, as in their judgment 
the public safety and convenience may require. 

Sect. 4. This Ordinance shall take effect from the 
date of its passaga. 

[Passed February 12, 1855.] 
25 



194 CITY ORDINANCES. 

[No. 45.] 

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

Be it ordained, Sfc, as follows : 

Sect. 1. The Mayor and Aldermen shall forthwith 
and hereafter in the month of April, annually, appoint 
a City Marshal, and such number of Assistants as they 
may deem necessary for day and night Police, with the 
powers and duties of Constables, Avho 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, 
wdienever engaged in the same service, or w4ien directed 
thereto by the Mayor and Aldermen, and before enter- 
ing 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 of 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 nuisancesj, 
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- 



CITY ORDINANCES. 195 

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 powders to keep 
good order, to remove all suspected persons from the 
vicinity of the fire, and to protect the property 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 ordinances. It shall also be 
his duty, and that of his Assistants, to act as Truant 
Officers in the enforcement of the ordinance in regard to 
truants and absentees from school. It shall be his duty 
to execute all orders and commands of the Mayor and of 
the Board -of Aldermen, in relation to any matter or 
thing in which the city shall be in anywise concerned 
or interested. He shall be vigilant to detect the breach 
of any law, by-law or ordinance. It shall also be his 
duty to prosecute all 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 behalf of the city, or in which the city is any way 
concerned, within one week after their final determina- 
tion respectively, and once a month furnish the Mayor 
with a detailed report, in Avriting, of such offences 
against the laws or the city ordinances as he may have 
detected. It shall also be his duty to collect, receive 



196 CITY ORDINANCES. 

and pay over to the Treasurer of the city, all fines and 
penalties incurred for violations of the by-laws and 
ordinances of the city, and all fees received by himself 
or his Assistants as witnesses, or for service of criminal 
processes, or for services in behalf of the city; and 
further to perform all such other and additional duties, 
and to comply with all such regulations as may at any 
time be prescribed to him by the Mayor and Aldermen. 

Sect. 4. The Mayor and Aldermen may, at any 
time, by vote, remove from office the said City Marshal 
and his Assistants, or any or either of them ; and there- 
upon, or in case of the death or resignation of any or 
either of them, proceed to appoint a successor or succes- 
sors for the residue of the year. 

Sect. 5. The Assistant Marshals shall act under the 
direction of the City Marshal, and the Mayor and Alder- 
men, in the performance of their duties, and of any and 
all such duties as are prescribed in this Ordinance for 
the City Marshal. 

Sect. 6. The City Marshal and Assistants shall re- 
ceive in full for all their services, respectively, such 
compensation (per diem) as the City Council may from 
time to time determine ; together with all necessary 
charges for travel, offices, warming and lighting the 
same, and for all necessary implements for carrying out 
the purposes of a Police organization. 

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

[Passed February 26, 1855.] 



CITY ORDINANCES. 197 

[No. 46.] 

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

[Repealed by Ordinance No. 49.] 



[No. 47.] 

An Ordinance amendatory of "An Ordinance regulat- 
ing the Fire Department of the City of Roxbury." 

Be it ordained, &cc., as follows : 

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

Sect. 2. The members of the several companies shall 
not assemble in the houses entrusted to their care on the 
Sabbath, except for the purpose of taking the Engine or 
apparatus, on an alarm of fire, and of returning the 
same to the house, and taking the necessary care of said 
apparatus after its return. And any member violating 
this regulation herein made, shall be liable to be dis- 
charged from the Department by the Mayor and Alder- 
men. This regulation shall not apply to the Officers 
and Stewards of the scA^eral companies. 

Sect. 3. No person not connected with the Depart- 
ment shall enter the different engine houses in the city 
on the Sabbath, for any other purpose than to render 
assistance in taking or returning the Engine or Engines, 
or apparatus on an alarm of fire. And any person so 
offending shall forfeit the sum of five dollars, to be re- 
covered on complaint made to the presiding Justice of 
the Police Court of said city. 

[Passed June 25, 1855.] 



198 CITY ORDINANCES. 

[No. 48.] 

An Ordinance establishing the Office of City Physician. 

Be it ordained, S^c, as follows : 

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 
city, who shall apply to him for that purpose, without 
charge ; he shall also give certificates of vaccination to 
such children as have been vaccinated, to enable them 
to obtain admission to the public schools : provided, 
that no person shall be entitled to the benefits of this 
section, who shall wilfully refuse or neglect to return 
to said physician when requested so to do, for the pur- 
pose of proving the effect of the vaccination, or of 
renewing the supply of virus for the use of said 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 Koxbury 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 



CITY ORDINANCES. 199 

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 Council, 
such professional advice and information as they may 
request, with a view" to the prevention of said diseases, 
and the preservation of the health of the inhabitants. 

Sect. 6. The said City Physician shall likewise per- 
form all professional services required at the City 
Almshouse, when called upon by the Superintendent 
of the same, the Overseers of the Poor, or Mayor and 
Aldermen ; and shall likewise perform such duties as 
are required in " An Act to secure 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 jorisoners in the 
" Lock-up," and perform such other professional services 
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.] 



200 CITY ORDINANCES. 

[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, SfC, 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.] 



[No. 51.] 

An Ordinance in addition to ' ' An Ordinance regulat- 
ing the Fire Department of the City of Roxbury." 

Be it ordained, 8^c., as follows : 

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 conduct, 
said Board of Engineers may forthwith suspend such 
member from duty until the matter of his discharge 
shall have been finally acted upon by the Mayor and 
Aldermen, and if such member be discharged, he shall 
receive no pay from and after sucli suspension. Pro- 
vided, that the name of the member shall be reported to 



CITY ORDINANCES. 201 

the Mayor and Aldermen at or before the second meet- 
ing next after the Board of Engineers shall have decided 
to make such rejjort. 

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

[Passed June 14, 1858.] 



[No. 52.] 

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

Be it ordained^ SfC, 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 a regular 
meeting of said Board ; and the party or parties asking 
such permission, shall give to the said city a bond for 
such a sum as shall be deemed judicious by the said 
Board, with sufficient sureties, holding said party or 
parties to pay such damage as may accrue from such 
removal to the highways, sidewalks or trees in or near 
the streets, or to any other property whatsoever belong- 
ing 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 ancl 
Ice from Sidewalks. 

[Repealed by Ordinance No. 64-] 
26 



202 CITY ORDINANCES, 

[No. 54.] 

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

Be it ordained, Sfc, as follows: 

Sect. 1. No street already laid out and not built 
upon, or which shall hereafter be laid out, shall be 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 appointed 
by the said Board; and until a plan of said street, 
drawn by the said Surveyor at the expense of the abut- 
tors 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 abutters, to correspond 
with the- plan of the Surveyor. 

Sect. 4. This Ordinance shall take efiect 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 authoriz- 
ing 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- 



CITY ORDINANCES. 203 

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 Janu- 
ary, annually. 

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

[Passed March 14, 1859.] 



[No. 56.] 

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

Be it ordained, 8fC., as follows : 

Sect. 1. No person not a member of the Fire De- 
partment of Roxbury, or of the City Grovernment, or 
of the Police or Watch Departments of said Roxbury, 
shall enter, or be found in any Engine House belonging 
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 Engi- 
neer, or in case of his absence or sickness, by the Assist- 
ant Engineer next highest in rank of said City of Rox- 
bury. 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 offend- 
ing 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 



204 CITY OEDINANCES. 

repairs in or upon any Engine House, or fire apparatus 
belonging to the City of Eoxbury. 

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

[Passed March 14, 1859.] 



[No. 57.] 

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

Be it ordained^ ^c, as follows : 

Sect. 1. .Three or more persons shall not stand in a 
group, or near to each others oil atiy sidewalk j 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 Avho shall offend against the 
provisions of this Ordinance, shall be liable to the for- 
feitures and may be prosecuted and tried in the manner 
prescribed in the Ordinance to which this is an addition. 

Sect. 3. This Ordinance shall take effect and go 
into operation from atid 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 follows : 

Sect. 1. Any person who may be elected Harbor 
Master under the provisions of an Act of the Common- 



CITY ORDINANCES. 205 

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 addition 
to the duties required by said act, make return to the 
City Council annually, in the month of January, of the 
number of vessels which have arrived and discharged 
cargoes in the district over which his authority extends, 
during the year ending on the thirty-first day of Decem- 
ber 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, immediately 
after he is chosen the present year, and afterwards 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 present 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. Thig Ordinance shall take effect from and 
after its passage. 

[Passed May 9, 1869.] 



206 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." 

[Repealed by Ordinance No. 73.] 



[No. 60.] 

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

Be it ordained, SfC, as follows : 

Sect. 1. All house offal, 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 purpose ; 
which shall be done not less than twice in each week. 

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

Sect. 3. No person, except such as shall have been 
appointed by the Mayor and Aldermen for that purpose, 
or his agents, shall collect, remove or carry away from 
any dwelling-house or other place, through any of the 
streets of this city, any house offal or night soil. 

Sect. 4. The Mayor and Aldermen shall annually, 
in the month of April, appoint a suitable person, whose 



CITY ORDINANCES. 207 

duty (if he shall accept such appointment) shall be to 
take charge of the removal of night soil, and the person 
so appointed, and accepting as aforesaid, shall at his 
own expense furnish and provide suitable wagons or 
vehicles for the removal of night soil, each of which 
shall be of a capacity sufficient to contain not less than 
seventy cubic feet, and he shall also furnish and provide, 
at his own expense, all other necessary and suitable 
utensils and means for the proper performance of said 
business, and of all his duties under this Ordinance. 
Such x3erson 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 
every load (being 70 cubic feet) of night soil removed 
for such applicant, in such vehicle as aforesaid, during 
the months of June, July and August, and the sum of 
two dollars, and no more, for each and every such load 
removed as aforesaid for such applicant, during the 
remainder of the year. And no vault of any privy shall 
be opened for the purpose of cleaning the same, in any 
day between the hours of five of the clock in the fore- 
noon and the hour of ten of the clock in the afternoon in 
the same day. The person so appointed and accepting 
as aforesaid, shall conform to all such orders and regula- 
tions as the Mayor and Aldermen shall make in relation 
to the removal of night soil, and shall be held resjDonsi- 
ble for any unnecessary damage he may cause to 
property while in the performance of such business. 
The Mayor and Aldermen may, at any time, remove 



208 CITY ORDINANCES. 

any person so appointed as aforesaid, and may fill any 
vacancy occasioned by such removal or otherwise. 

Sect. 6. A book shall be kept in the office of the 
City Marshal, in which shall be entered all applications 
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 effect from and 
after its passage. 

[Passed May 9, 1859.] 



[No. 61.] 

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

[Repealed by Ordinance No. 62.] 
[No. 62.] 

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

[Repealed by Ordinance No, 70.] 



CITY ORDINANCES. 209 

[No. 63.] 

An Ordinance concerning Dogs. 
Be it ordained, ^"C, as follows : 

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. Provided, it shall be proved to 
the satisfaction of the court before which such complaint 
shall be heard and tried, that such dog had, in manner 
aforesaid, disturbed the quiet of any person or persons 
in said city. 

Sect. 2. If any person, after being convicted under 
the provisions of the foregoing section, shall still neglect 
to destroy, or to remove beyond the limits of said city, 
his or her dog, on being ordered by the City Marshal so 
to do, it shall be the duty of the City Marshal 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 
27 



210 CITY OEDINANCES. 

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, 8fc., as follows: 

Sect. 1. The owner or tenant of any estate abutting 
upon any sidewalk in any street, lane, alley, court, 
square, or public place in the city of Roxbury, who 
shall not, within twenty-four hours after the ceasing to 
fall of any snow, remove or cause the same to be re- 
moved from any sidewalk as aforesaid, shall forfeit and 
pay a sum not less than one dollar, nor more than 
three dollars ; and for each and every twenty-four hours 
thereafter that the snow, as aforesaid, shall remain on 
such sidewalk, such owner or tenant shall forfeit and 
pay a sum not less than one dollar, nor more than five 
dollars. 

Sect. 2. The proAdsions 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 



CITY ORDINANCES. 211 

tenant shall neglect so to do for the space of twenty- 
four hours after such sidewalk shall be encumbered as 
aforesaid, he shall forfeit and pay a sum not less than 
one dollar, nor more than three dollars, and the sum 
of two dollars for every day that the same shall be so 
encumbered. 

Sect. 4. An Ordinance passed December 27th, 
1858, entitled "An Ordinance in relation to the Re- 
moval of Snow and Ice from Sidewalks," is hereby 
repealed. 

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

[Passed January 30, I860.] 
' [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 ordained, Sfc, as follows : 

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 belonging 
to the city. 



212 CITY ORDINANCES. 

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. 66.] 

An Ordinance concerning Main Drains and Common 

Sewers. 

Be it ordained, SfC, 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. 

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 materials and 
dimensions as the Mayor and Aldermen may direct, and 
when the same is advisable, they shall be of sufficient 
size to be entered and cleaned without removing 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 Stand- 
ing Committee on Common Sewers, to consist of two 
Aldermen and five members of the Common Council, to 
which Committee all petitions for sewers shall be re- 
ferred ; 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 



CITY ORDINANCES. 213 

descent and in such manner as the Mayor and Aldermen 
shall direct, and they shall be at all times subject to be 
enlarged or otherwise altered by the Mayor and Alder- 
men, as in their judgment the public health or conveni- 
ence 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 sufficient drain from his 
house or lot into the said sewer, whenever in their 
opinion the same shall be necessary, and shall thereupon 
give such owner, agent or tenant, notice in writing, 
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 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 Rox- 
bury, before any court proper to try the same. Pro- 
vided, however, 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 particular 
drain into any common sewer without a permit in writ- 
ing from the Mayor and Aldermen or Superintendent of 



214 CITY ORDINANCES. 

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 indemnifica- 
tion, 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 Juljr 
of the present year, and hereafter at the commencement 
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 shall 
receive such compensation as said Council shall deter- 
mine, 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 situated 
and deriving benefit therefrom, and a description of 
such estates and the names of the owners thereof. 



CITY ORDINANCES. 215 

' Sect. 11. It sliall be the duty of the Mayor 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 
shall forthwith demand payment in writing of said bills, 
in the manner prescribed by 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, Sfc, as follows : 

Sect. 1. The Steam Fire Engine Company shall 
consist of an Engineer, Fireman, and Driver, in connec- 
tion with a hose carriage for use of same, to which a 



216 CITY ORDINANCES. 

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 hose- 
men, whose term of service shall continue for periods of 
six months each, all of whom shall be approved 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 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 respective 
companies, and, in case of any neglect on their part, 
shall report the same to the Chief Engineer. The fire- 
man shall be under the immediate direction of the Engi- 
neer, and shall perform all duties that may be required 
of him on the engine and in the house, including the 
hose, and such other duties as are required of the stew- 
ards of hand engines and hose companies, as now pro- 
vided 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 direction of 
the Engineer, and shall take care of, and properly 
groom the horses belonging to the engine and hose com- 
pany, shall keep the house and stable at all times neat 
and tidy, shall assist the fireman in the performance of 



CITY ORDINANCES. 217 

his duty, and perform such other duties appertaining to 
the Fire Department as may be required of them by the 
Engineer, also keeping the several 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 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. 5. All other rules and regulations for this par- 
ticular 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.] 
28 



218 CITY ORDINANCES. 

[No. 68.] 

An Ordinance to repeal Orclinance 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, Sfc, as follows : 

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

[Passed April 26, 1861.] 



[No. 69.] 

An Ordinance relative to Hackney Carriages. 
Be it ordained, 8fC., as follows : 

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 animal 
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 carriage 
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 convey- 
ance 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 carriage 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 terms as 
they may deem expedient, to set up, use or drive 



CITY ORDINANCES. 219 

hackney carriages for the conveyance of persons for 
hire from place to place within the city, and they may 
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- 
of, and no license shall be sold, assigned or transferred 
without the consent of the Board of Aldermen, endorsed 
thereon by the City Marshal. 

Sect. G. 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 



220 CITY ORDINANCES. 

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. Omnibuses 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, immediately below 
the glass. Every hackney carriage when driven or used 
in the night time, shall have fixed upon some conspicu- 
ous 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 hack- 
ney carriages in the most conspicuous place for the in- 
formation of passengers. And if any owner or driver of 
any hackney carriage shall use, or drive any such car- 
riage, or permit the same to be used or driven without 
complying 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 
numbered as aforesaid, said owner and driver shall be 
liable to a fine of not less than two nor more than twenty 
dollars for each offence. 



CITY ORDINANCES. 221 

Sect. 9. No owner or driver of any hackney carriage 
shall use or suffer such carriage to be used with any 
other number upon the same than that assigned by the 
Board of Aldermen ; Jior 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 car- 
riage is used. 

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

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 dol- 
lars for each offence. 

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- 



222 CITY ORDINANCES. 

riage thereon, iii 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 convey- 
ance of passengers shall be driven by a minor, unless he 
be specially licensed by the Board of Aldermen, under a 
penalty of not less than two nor more than twenty dol- 
lars for each offence. 

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, wdien accom- 
panied 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- 



CITY OEDINANCES. 223 

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 established 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. 

Sect. 16. Any Ordinance and parts of any Ordi- 
nance inconsistent herewith are hereby repealed; and 
this Ordinance shall take effect 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 
Absentees from School. 

Be it ordained, ^c, as follows : 

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 occupation 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 



224 CITY ORDINANCES. 

exceeding two years : Provided, however, that any minor, 
or child convicted of either of the offences herein men- 
tioned, may be discharged 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 
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 con- 
victed 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 per- 
sons to make the complaints in every case of violation of 
this Ordinance to the said Judge having jurisdiction of 
all the offences herein set forth, and to carry into execu- 
tion the judgments of said Judge in conformity with 
the provisions of the General Statutes of said Common- 
wealth and any acts in addition thereto. 

Sect. 4. The Ordinance entitled "An Ordinance in 
relation to Truant Children and Absentees from School," 
passed June 20, 1859, and the Ordinance entitled "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.] 



CITY ORDINANCES. 225 

[No. 71.] 

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

Be it ordained, 8fc., 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 section, 
a description of the articles 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 examina- 
tion. 

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 shop- 
keeper 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 place on his shop, a sign, 
having his name and occupation legibly inscribed there- 
on in large letters. And every such shop and all arti- 
cles of merchandise therein may be examined at any 

29 



226 CITY OEDINANCES. 

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 during 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 ]3ro visions of this Ordinance shall 
be incorporated into every license which shall be granted 
under it. 

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

[Passed September 15, 1862.] 



[No. 72.] 

An Ordinance relating to Pawnbrokers. 
Be it ordained, Sfc, as follows : 

Sect. 1. No person shall carry on the business of a 
pawnbroker 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 
of receiving any article as a pawn, a description of the 
article so received, the name, age and residence of the 



CITY ORDINANCES. 227 

person from whom and the day and hour when he so 
received it ; and said book shall at all times he open to 
the inspection of the Mayor or either of the Aldermen, 
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 apprentice, 
knowing or having reason to believe him to be such ; 
and all articles so taken or held by any pawnbroker 
shall be exhibited to the Mayor, or either of the Alder- 
men, or to any person authorized by the said Mayor and 
Aldermen to make such examination, whenever a de- 
mand 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 granted 
under it. 

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

[Passed September 15, 1862.] 



228 CITY ORDINANCES. 

[No. 73.] 

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

Be it ordained, SfC, 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. And it shall be the duty of 
the Mayor to see that the laws and ordinances relative 
to protecting the public health are enforced ; and he shall 
have power to call upon the police and the various city 
officers 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 superintendence 
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 al- 
ways 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 Al- 
dermen, or of any Committee of said Mayor and Alder- 
men, abate any nuisance, when the person or persons 
whose duty it is to abate the same has been legally noti- 
fied to abate it and has neglected so to do, after the time 
fixed therefor in the notice served on said person, or 



CITY ORDINANCES. 229 

persons. , And he shall abate any nuisance forthwith, 
under the direction of the Mayor, when in his judgment 
the exigency for the immediate abatement thereof is so 
great, that delay for the action of the Mayor and Alder- 
men would be dangerous 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 sickness 
and the source of filth, or that any tenements or build- 
ings are not furnished with sufficient drains and privies 
and suitable vaults according to the provisions of this 
Ordinance, the Mayor and Aldermen may thereupon 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 Aldermen shall deem 
reasonable. And if the person or persons so notified, or 
any of them, shall neglect or refuse to remove from and 
quit such tenement or building, within the time men- 
tioned in such notice, the said Mayor and Aldermen are 
hereby authorized to cause said person or persons to be 
forcibly removed from said tenements or buildings, and 



230 CITY ORDINANCES. 

sucli 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 build- 
ings, 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 
Aldermen 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 dwell- 
ing-house, shall be provided with sufficient drain under 
ground to carry off the waste water, and also with a 
suitable privy and of a sufficient capacity in proportion 
to the number of inhabitants of such tenement, which 
vault and drain shall be in common and subject to the 
use of all said inhabitants. And all vaults or privies 
shall be so constructed that the inside of the same shall 
be at least two feet distant from the line of every ad- 
joining 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 aforesaid, shall forfeit and pay a 
sum not less than five dollars nor more than twenty dol- 
lars for each and every week during which said tene- 



CITY ORDINANCES. 231 

ment, 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 newspa- 
per be printed therein, if not, in two newspapers printed 
in Boston, requiring such owner, agent, occupant 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 the City Marshal as 
shall be expressed in such notice. In case of neglect or 



232 CITY ORDINANCES. 

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 ordinance. 

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 
authorized 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 
newspaper printed in Roxbury, if any newspaper be 
printed therein, if not, in tw^o newspapers printed in 
Boston, requiring said owners or occupants to have said 
nuisance, or cause of nuisance removed, by draining, 
filling up or otherwise, as may be prescribed in said 
notice ; 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 nuisa,nce 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. 

Sect. 9. Said City Marshal shall keep a record of 
all his proceedings under this Ordinance, and shall enter 



CITY ORDINANCES. 233 

ill 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 Treas- 
urer for collection. And the said Treasurer shall forth- 
with demand payment of said bills ; and in case any 
bills, dues, or assessment of expense under this Ordi- 
nance 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, saw-dust, soot, ashes, 
cinders, shavings, hair, shreds, manure, oyster, lobster 
or clam shells, waste w^ater, 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. 11. If any of the substances in the preceding 

30 



234 CITY ORDINANCES. 

section mentioned, shall be thrown or carried from any 
house, warehouse, shop, cellar, yard or other place, 
into any street, lane, alley, court, square, public place 
or vacant lot, as well the owner of such house or other 
place whence the same shall have been thrown or car- 
ried, as the occupant thereof and the person who act- 
ually 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 Avere thrown or 
carried, within two hours after personal notice in writing 
to that effect given by the Mayor and Aldermen, or City 
Marshal. 

Sect. 12. 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 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 occu- 
pant of such house or other place where the same shall 
be found, within twenty-four hours after notice in 
Avriting to that effect, given by the Mayor and Alder- 
men, or City Marshal. 

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 pro- 



CITY ORDINANCES. 235 

vision, 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, Avithout 
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 betv^een sunrise and sunset, enter 
into any building within the city, for the purpose of ex- 
amining 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 
refuse to admit such officer or other person so author- 
ized 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 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 other person authorized as aforesaid, 
shall and may at any time between sunrise and sunset, 
enter into any yard, or lot of ground, or into any out- 
^ house, and examine any alley, sink, cess-pool, privy, 
vault, public or private dock or slip, or drain, or sewer, 
and shall report to the Mayor and Aldermen all such as 
the health or security of the city may require to be 
cleansed, altered or amended. 

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



236 CITY ORDINANCES. 

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 Nuisances, 
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 prescribing Rules 
and Regulations relative to Nuisances, sources of Filth 
and Causes of Sickness within the City of Roxbury," 
and all parts of Ordinances inconsistent with this Ordi- 
nance are hereby repealed. 

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

[Passed November 15, 1862.] 



[No. 74.] 

An Ordinance in 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, SfC, 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, at 
any place within the city, who shall, either by himself, 
his servant, or agent, or by any person in his employ, 



CITY ORDINANCES. 237 

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 tAventy dollars. 

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

[Passed June 29, 1863.] 



Note. — Ordinances Nos. 14 and 38 are repealed. 



238 RULES RESPECTING GUNPOWDER. 



RULES RESPECTING GUNPOWDER. 

Eules and Regulations made and established by the 
Board of Aldermen of the City of Roxbury, relative 
to the Sale, Storage, Safe-keeping and Transportation 
of Gunpowder in said City, in conformity with a law 
of this Commonwealth, made and passed on the twen- 
ty-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 Depart- 
ment. But in no case shall powder be allowed to re- 
main 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 covered 
over with canvas or other suitable covering. 

Sect. 4. Gunpowder in any quantity, (not exceeding 
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 sec- 
tion, 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 on board. 



RULES RESPECTING G^UNPOWDER. 239 

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 ' ' Gunpow- 
der," and shall so remain in said bags, whilst within the 
bounds of the city. And in no case shall powder so 
carried, be suffered to remain on board any vehicle for a 
longer time than is necessary for its removal. 

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



240 RULES RESP,ECTING GUNPOWDER. 

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 always 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 little time as shall be con- 
sistent with proper care, and placed on the lower floor, 
at the right side of and within 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 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 



RULES EESPECTING GUNPOWDER. 241 

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 tAventy-five pounds each and no more, 
Avhich 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, 
Avhich 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 above- 
named 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, — "Li- 
censed 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 expedient 
so to do ; and will make a report of its condition to the 
Board of Aldermen, on the last Monday in December 
annually. 



242 RULES RESPECTING GUNPOWDER. 

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 consent 
of the Board of Aldermen, which shall be expressed 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 obliga- 
tion 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.] 



Citji ai llo^bttrB, 



RULES AND ORDERS 



BOARD OF ALDERMEN 



I. The order of business shall be as follows : 

1. The journal of the previous meeting shall be read. 

2. Petitions shall next be called for, and be disposed 
of by reference or otherwise. 

3. Such nominations, appointments and elections as 
may be in order, shall be considered and disposed of. 

4. The Orders of the day shall be taken up, meaning 
by the orders of the day, the business remaining unfin- 
ished at the previous meeting, and such communications 
as may have been subsequently sent up from the Com- 
mon Council. 

5. New business may be introduced by any member 
of the Board. 

II. Every Ordinance shall pass through the following 
stages before it shall be considered as having received 



244 Rules and Orders of the Board of Aldermen. 

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 read- 
ings before the question shall be taken on its final pas- 
sage. 

III. An Ordinance naay 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. 

y. 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 COUNCIL 



Rights and Duties of the President. 

Sect. 1. The President shall take the chair at the 
hour to which the Council shall have adjourned ; shall 
call the members to order, and, on the appearance of a 
quorum, shall cause the minutes of the preceding meet- 
ing to be read, and proceed to business. In the absence 
of the President, any member present can call the Coun- 
cil to order, and preside until a President pro tempore 
shall be chosen by ballot. If, upon a ballot for Presi- 
dent 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 mem- 
ber regularly seconded. 

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



246 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 question is pend- 
ing. 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 President 
shall take the sense of the Council by yeas and nays, 
provided one-third of the members present shall so re- 
quire. 

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

Sect. 8. He shall propound all questions in the 
order in which they are moved, unless the subsequent 
motion shall be previous in its nature ; except that in 
naming sums and fixing times, the largest sum and 
longest time shall be put first. 

Sect. 9. After a motion is stated by the President, 
it shall be disposed of by vote of the Council, unless the 
mover withdraw it before a decision or amendment. 

Sect. 10. When a question is under debate, the 
President shall receive no motion, but to adjourn, to lay 



In the City of Roxbury, for 1864. 247 

on the table, for the previous question, to postpone to a 
day certain, to commit, to amend, or to postpone in- 
definitely ; which several motions shall have precedence 
in the order in which they stand arranged. 

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

Sect. 12. He shall put the previous question in the 
following foYui: — '^ Shall the main question now be 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 amendments 
reported by a committee, upon pending amendments, 
and then upon the main question. 

Sect. 13. On the previous question, no member shall 
speak more than once without leave ; and all incidental 
questions of order, arising after a motion is made for the 
previous question, shall be decided without debate, ex- 
cept on appeal; and on such appeal, no member shall 
be allowed to speak more than once without leave of the 
Council. 

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

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



248 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 a^iy 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 is 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 explain, and 
the Council, if appealed to, shall decide on the case 
without debate ; and if the decision is against the 
member, he shall not be permitted to speak, unless by 
way of excuse for the same, until he has made satisfac- 
tion. 

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 Roxbury, for 1864. 249 

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 meet- 
ing, 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 reconsid- 
ered, unless a majority of the whole Council shall vote 
therefor. And no more than one motion for the recon- 
sideration 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 Presi- 
dent 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 majority of 
the whole Council shall concur therein. 

Sect. 28. Every member shall take notice of the day 
and hour to which the Council may stand adjourned, 
and shall give his punctual attendance accordingly. 

32 



250 Rules and Orders of the Common Council, 

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

Of Communications, Committees, Reports and Resolutions. 

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

Sect. 31. Standing Committees of this Council shall 
be appointed on the following subjects, viz. : ■ — On Elec- 
tion and Returns, and on Enrolled Ordinances and Reso- 
lutions, 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, Avhether 
joint or otherwise, the first meeting thereof shall be 
notified by the Clerk, by direction of the President, and 
they shall organize by the choice of Chairman, and re- 



In the City of Roxhury, for 1864. 251 

port to the Council ; and Avhen Committees, other than 
those above specified, are nominated by the President, 
the person first named shall be Chairman, and in case of 
the absence of the Chairman, the Committee shall have 
power to appoint a Chairman pro tern. 

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

Sect. 36. All ordinances, resolutions and orders 
shall have two several readings before they shall be 
finally passed by this Council ; and all ordinances after 
being so passed shall be enrolled. 

Sect. 37. No ordinance, order or resolution, impos- 
ing penalties or authorizing the expenditure of money, 
except orders for printing, by either branch of the City 
Council, shall have more than one reading on the same 
day, if one-third of the members present object. 

Sect. 38. The seats of the members of the Council 
shall be numbered, and determined by lot; and no 
member shall change his seat but by permission of the 
President. 

Sect. 39. All Special Committees, unless otherwise 
ordered, shall consist of three members. And no report 
shall be received from any Committee, unless agreed to 
in Committee assembled. 

Sect. 40. The Clerk shall keep brief minutes of the 
votes and proceedings of the Council, - — entering 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- 
ous Committees on the part of the Council of their 
election; but all accepted reports from Special Commit- 



252 Rules and Orders of the Common Council. 

tees of this Board shall he entered at length in a separ- 
ate journal, to be kept for that purpose, and provided 
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 records when requested 
so to do. 

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

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

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

Sect. 46. In any case not provided for by the rules 
and orders of the City Council, the proceedings shall be 
conducted according to "Cushing's Manual of Parlia- 
mentary Practice." 



JOINT RULES AND ORDERS 

Off THE 

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 Coun- 
cil. 

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

A Committee on Sewerage, to consist of the Mayor, 
two Aldermen, and five members of the Common Coun- 
cil. 

And the following Committees shall be appointed, 
viz. : 

A Committee on Public Property, to consist of three 
members of the Board of Mayor and Aldermen, and five 
members of the Common Council. 

A Committee on Public Instruction, to consist of the 
Mayor, two Aldermen, and the President and four 
members of the Common Council. 

A Committee on the Poor and Almshouse, to consist 
of the Mayor, one Alderman, and three members of the 
Common Council. 

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



254 Joint Rules and Orders of the City Council. 

A Committee on Claims^ to consist of three Alder- 
men, and five members of the Common Council, who 
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 Mayor, to adjust 
and settle all claims not exceeding the sum of $100. 

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

A Committee on the Fire Department, to consist of 
three members of the Board of Mayor and Aldermen, 
and five members of the Common Council. 

A Committee on Military Affairs, to consist of the 
Mayor, two Aldermen, and five members of the Common 
Council. 

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

A Committee on Lamps, to consist of three members 
of the Board of Mayor and Aldermen, and five members 
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 Common 
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 



Joint Rules and Orders of the City Council. 255 

Chairman of the Board of Aldermen shall act ex-officio. 
And the members of the Board of Aldermen and of the 
Common Council, who shall constitute the Joint Stand- 
ing 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 res- 
ignation 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 notice 
thereof to the other branch by written message. 



256 Joint Rules and Orders of the City Council. 

Sect. 4. All by-laws passed by the City Council, 
shall be termed Ordinances; and the enacting style 
shall be, — '■'•Be it ordained by the City Council of the 
City of Roxbury." 

Sect. 5. In all votes, when either or both branches of 
the City Council express any thing by way of com- 
mand, the form of expression shall be " Oudered ; " and 
when either or both branches express opinions, principles, 
facts, OY 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 contract 
Avith, or purchase, or authorize the purchase of any arti- 
cle 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 shaU be endorsed on the memorials or 
other papers referred to the Committees of either branch ; 
and the Clerks shall make copies of any papers to be 
reported by Committees at the request of the respective 
Chairmen thereof 



Joint Rules and Orders of the City Council. 257 



Sect. 12. Each Board shall transmit to the other, 
all papers on which any Ordinance or Joint Resolutions 
shall be printed ; and all papers on their passage between 
the two Boards may be under the signatures of the re- 
spective clerks;, except Ordinances and Joint Resolutions 
in their last stage, which shall be signed by the presid- 
ing 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 5 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 ex- 
amined by a Committee of that Board ; and on being 
found by said Committee to be truly and correctly en- 
rolled, 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 or- 
dained, it shall be signed by the President of the Com-, 
mon Council, and sent to the other Boards when a like 
examination shall be made by a Committee of that 
Board, and if found correctly enrolled, the same shall be 
reported to the Board, and the question shall be on 
passing the same to be ordained ; and when the same 
shall have passed to be ordained^ it shall be signed by 
the Mayor. 

Sect. 16. 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 

33 



258 Joi?it 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 thereon 
within four weeks, or ask further time. 

Sect. 18. Either Board may propose to the other, 
for its concurrence 5 a time to which both Boards will 
adjourn. 

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

Sect. 20. After the annual appropriations shall have 
been passed , iio subsequent expenditure shall be au- 
thorized for any object, unless provisions 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. 



STORY 




rMTP AUt^r 



O ND CT-QpY 




GOV^E:R]SrM:ENT 



CITY OF ROXBURY, 



1864. 



MAYOR. 

aEOROE LEWIS, 

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



— ♦ — 
ALDERMEN. 




SAMUEL LITTLE, . . 


- Norfolk House, At Large 


IVORY HARMON, . . 


. Greenville Street, 


a 


PHINEAS B. SMITH, . 


. Marcella Street, 


a 


JAMES E. ADAMS, . . 


. Mall Street, 


Ward 1 


WILLIAM SEAYER, . 


. Ruggles Street, 


" 2 


RICHARD HOLMES, . 


. Washington Street, 


" 3 


MOSES H. DAY, . . . 


. Cross Street, 


u 4 


JOHN F. NEWTON, . 


. Moreland Street, 


« 5 



260 



CITY OFFICERS, 



COMMON COUNCIL. 

ROLAND WORTHINGTON, President. 

Hawthorn Street. 



Wakd 1, 



L. Foster Morse, , 
George H, Pike, 
Augustus L. Litchfield, 
Alvin G. Bartlett, . 

Alvin M. Robbins, . 
Thomas P. Sweat, . 
George Onion, 
William Bacon, Jr., 

Horace H. White, , 
James C. Eagan, 
Joseph M. Pike, 

Thomas Feely, 

Roland Worthington, 
Henry N. Farwell . 
George Putnam, Jr., 
Francis W. Welch, 

Franklin Curtis, . 
Mitchell Leavitt , 
John J. Merrill, 
Christopher Tilden, Jr., 



Ward 2. 



Waed 3. 



Ward 4. 



Ward 5. 



Zeigler Street, 
Eaton Street, 
Eustis Street, 
Davis Street, 



Williams Place, 
Tremont Street, 
Winslow Place, 

Auburn Street. 



Oakland Place, 
Tremont Street, 
Suflfolk Place, 
Brooks Street. 



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



Waverly Street, 
Akron Street, 
Clifford Street, 
Moreland Street, 



CITY OFFICERS. 



261 



JOINT STANDING COMMITTEES OF CITY COUNCIL. 





ON FINANCE. 


The Mayor. 




Common Council. 


Aldermen 




Messrs. White, 


Little, 




Morse, 


Newton. 




Farwell, 

Bacon, 

Merrill. 




ON ACCOUNTS. 


Aldermen 




Common Council. 


Little, 




Messrs. Onion, 


Day. 




Curtis, 
Welch. 




ON SEWERAGE. 


The Mayor. 




Common Council. 


Aldermen 




Messrs. Sweat, 


Smith, 




Putnam, 


Harmon. 




Eagan, 

G. H. Pike, 

Tilden. 




ON PUBLIC PROPERTY. 


Aldermen 




Common Council. 


Little, 




Messrs. Robbins, 


Harmon, 




Leavitt, 


Seaver. 




Bartlett, 
Farwell, 
J. M. Pike. 




ON PUBLIC INSTRUCTION. 


The Mayor. 




Common Council. 


Aldermen 




Messrs. Worthington, ex off. 


Little, 




Welch, 


Newton. 




Curtis, 
Bacon, 
White. 



262 



CITY OFFICERS. 



- 


ON POOR AND ALMSHOUSE. 


The Mayor. 




Common Council. 


Alderman 




Messrs. J. M. Pike, 


Smith. 




Sweat, 

G. KPike. 




ON FUEL. 


Aldermen 




Common Council. 


Harmon, 




Messrs. Curtis, 


Newton. 




Putnam, 
Bartlett. 




ON CLAIMS. 


Aldermen 




Common Council. 


Day, 




Messrs. Curtis, 


Holmes, 




Robbins, 


Seaver. 




Litchfield, 

Putnam, 

White. 




ON STREETS. 


The Mayor. 




Common Council. 


Aldermen 




Messrs. Welch, 


Smith, 




Robbins, 


Seaver. 


\ 


Merrill, 
J. M. Pike, 
Litchfield. 




ON FIRE DEPARTMENT. 


Aldermen 




Common Council. 


Harmon, 




Messrs. Welch, 


Adams, 




G. H. Pike, 


Holmes. 




Bacon, 
J. M. Pike, 
Leavitt. 



CITY OFFICER 



263 



ON MILITARY AFFAIRS. 



The Mayor. 

Aldermen 
Little, 
Day. 



Common Council. 
Messrs. Worthington, 
Morse, 
Onion, 
White, 
Tilclen. 



ON BURIAL GROUNDS. 



The Mayor. 




Common Council 


Aldermen 




Messrs 


Sweat, 


Harmon, 






Merrill, 


Newton, 






Feely, 

Putnam, 

Morse. 




ON LAMPS. 




Aldermen 




Com,mon Council. 


Smith, 




Messrs. 


Onion, 


Adams, 






White, 


Holmes* 






Eagan, ' 
Bartlett, 
Leavitt. 




ON PRINTING. 




Alderm^en 




Common Council. 


Day, 




Messrs 


Farwell, 


HolmeSi 






White, 
Litchfield. 



264 



CITY OFFICERS 



ON PARKS AND SQUARES. 



The Mayor. 
Aldermen 

Adams, 
Seaver. 



Aldermen 

Adams, 
Holmes. 



Common Council. 
Messrs. Welch, 

Sweat, 
Morse, 
Ea<i-aiij 
Tildeii. 



ON WATERING STREETS. 

Common Council. 
Messrs. G. H. Pike, 
Putnam, 
Robbins. 



STANDING COMMITTEES OF BOARD OF ALDERMEN. 

ON POLICE. 

Aldermen Adams, Little and Holmes. 

ON LICENSES. 

Aldermen Smith, Harmon and Day. 

ON BILLS AND ACCCOUNTS PRESENTED FOR PAYMENT. 

Aldermen Little, Adams and Newton. 

ON ENROLMENT. 

Aldermen Smith, Day and Seaver. 



STANDING COMMITTEES OF THE COMMON COUNCIL. 

ON ELECTIONS. 

Messrs. Eagan, Feely and Putnam. 

ON ENROLMENT. 

Messrs. Farwell, J. M. Pike and Feely. 



CITY OFFICERS. 265 

CITY CLERK AND CLERK OP 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. 

FRANKLIN WILLIAMS, Winslow Street. 

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



CITY MESSENGER. 

WILLIAM N. FELTON, Zeigler Street. 

[Salary $700. Chosen by concurrent vote in April. Ordinance No. 5.] 



SURVEYORS OF HIGHWAYS. 

[Ordinance No. 3, Sect. 1.] 



George Lewis, 
Samuel Little, 
Ivory Harmon, 
Pliineas B. Smith, 
James E. Adams,. 



William Seaver, 
Richard Holmes, 
Moses H. Day, 
John F. Newton. 



COMMISSIONER OF STREETS. 

Moses H. Webber, Webster Street. 

[Salary $1100. Chosen by the Mayor and Aldermen, in January. Ord. 

No. 40.] 

SUPERINTENDENT OP SEWERS. 

MosES H. Webber, Webster Street. 

[Salary $100.] 
34 



266 CITY OFFICERS. 

TREASURY DEPARTMENT. 

TREASURER AND COLLECTOR. 

JOSEPH W. DUDLEY, Blancbard Place. 

[Salary $2000. Chosen by City Council in Convention, in January. Office, 
City Hall. Charter, Sect. 8. See Ordinance No. 8.] 

John W. Parker, Clerk, Washington Street. 

[Appointed by the Treasurer. Salary $1050,] 
ASSESSORS. 

Laban S. Beecher, William Rurarill; Theodore Otis. 

• [Receive $600 each, and $400 for Clerk hire. Chosen by City Council, in 
Convention, in April. Charter, Sections 8 and 11.] 

clerk to assessors. 
Charles R. Todd. 

[Salary $400.] 

ASSISTANT assessors. 



Ward 1. Simeon Litchfield, 

2. William Seaver, 

3. Henry Willis, 



Ward 4. Daniel W. Glidden, 
5. William Barton. 



OVERSEERS OF THE POOR. 

The Mayor, ex officio, Chairman. 



Ward 4. George Curtis, 

5. Charles D. Swain. 



Ward 1. George J. Lord, 

2. Ira Allen, 

3. Patrick Dolan, 

Ira Allen, 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 OFFICE RS, 



267 



CEMETERY AT FOREST HILLS. 



BOARD OF COMMISSIONERS. 
[Elected by the City Council. See Act, p 

George Lewis, . 
Francis C. Head, 
Alvah Kittredge, 
William J. Reynolds, . 
Joseph H. Chad wick, . 

Alvah Kittredge, Chairman. 

Francis C. Head, Secretary. 

Joseph W. Dudley, Treasurer. 

Joseph W. Tucker, Register. 

Oliver Moulton, Superintendent. 



31.] 



Term expires. 

1865 
1866 
1867 
1868 
1869 



HARBOR MASTER. 

Franklin Winchester, Eaton Street. 

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



FIRE DEPARTMENT. 

[Ordinance No. 34.] 
CHIEF engineer. 

James Munroe, Cottage Street. 

[Salary $500.] 



ASSISTANT engineers. 



1. Robert Simpson, 

2. John CuUisran, 



3. Phineas D. Allen, 

4. John J, Brooks. 



[The Chief and Assistant Engineers are chosen by the City Council, in 
Convention, in April. The rank of the Assistant Engineers is determined 
by the Mayor and Aldermen. They receive $100 each; the Secretary an 
additional sura of $15,] 



268 



CITY OFFICEES, 



$780 

660 

600 

600 

80 

41 



DEARBORN STEAM ENQINE. Centre Street. 
George L. Smith, Engineer, 
George F. Worcester, Fireman, 
Charles A. Yose, Driver, .... 
Richard Eaton, Jr., Driver of Hose Carriage, 
Francis Swift, Foreman of Hose and Clerk, 
Nine Men, each 

FOREMEN OF ENGINES. 

Warren Co. No. 1. Dudley, corner Warren Street. 
John M. Keenan. 

Torrent Co. No. 6. Eustis Street. 
Jere. M. Mullane. 

Tremont Co. No. 7. Ruggles Street. " 
Archibald Hall. 

Washington Hook ^'Ladder Co. Dudley, cor. Warren Street. 
Henry C. Allen. 

Cochituate Hose Co. Culvert Street. 
Thomas A. Scott. 



TABLE OF THE PAY OE OEFICEES AND MEMBERS. 



Name of Engine. 



Warren, No. 1 

Torrent, No. 6 

Tremont, No. 7 

Hook and Ladder Company 
Cochituate Hose Company.. 



a 

O 




'■?■ 
1-2 


No. of Men 
exclusive 
of Officers. 


$80 


$70 


$100 


38 


80 


70 


100 


38 


80 


70 


100 


38 


80 


60 


80 


18 


80 


5o 


80 


10 






36 
36 
36 
36 



The members of the Engine Companies are appointed by the Mayor and 
Aldermen. Their compensation is determined by the City Council. 



CITY OFFICERS. 269 



CITY SOLICITOR. 



John W. May, corner of Oak and Edinboro' Streets. 

[Salary $500. Chosen by concurrent vote, in February. Ord. No. 43.] 



HEALTH DEPARTMENT. 

BOARD OF HEALTH. 
[Charter, Sect. 13. Ordinance No. 36.] 

The Mayor 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 Winslow Streets. 

UNDERTAKER. 

Joseph S. Waterman, 134 Washington Street. 



270 



CITY OFFICERS. 



POLICE DEPARTMENT. 

POLICE COURT. 

STANDING JUSTICE. 

Peter S. Wheelock, Bower Street. 

[Salary $1500, paid by the State.] 
CLERK. 

Phineas B, Smith, Jr., Marcella Street. 

[Salary $500, paid by the State.] 

special justice. 
Ira Allen. 

city marshal. 
Benjamin Meriam, Shawm ut Avenue. 

[Salary $3.25 per diem. Ordinance No. 45. Appointed by the Mayor and 

Aldermen.] 



Joseph Hubbard, 
Hawley Folsom, 
Samuel Mcintosh, 
Matthew Clark, 



DAY policemen. 

Jeremiah M. Swett, 
William E. Hicks, 
William D. Cook, 
James Ball. 



[Salary $2.50 per diem ; fixed by the City Council. All fees paid into the 
City Treasury. Appointed by the Mayor and Aldermen.] 



Joseph Parker, 
Edward F. Mecuen, 
Elbridge G. Cobb, 
Joseph Hastings, 
Thomas Culligin, 

[Pay $2.60 per diem. 



NIGHT watchmen. 

James Staniels, 
Christopher C. Dow, 
George R. Matthews, 
George H. Bills, 
Ebenezer T. Hitchcock. 

Appointed by the Mayor and Aldermen.] 



CITY OFFICERS. 



271 



NIGHT WATCHMEN WITHOUT PAY. 



Benjamin Meriam, 
Joseph Hubbard, 
Hawley Folsom, 
Samuel Mcintosh, 
Matthew Clark, 
Jeremiah M. Swett, 
James G-. Parker, 
Thomas M. Lewis, 
William E. Hicks, 



William D. Cook, 
Moses N. Hubbard, 
James Munroe, 
Sylvester E. Partridge, 
Silas Dole, 
William N. Hastings, 
Arthur P. Anderson, ' 
William C. Swett, 
Orlando Austin. 



Benjamia Meriam, 
Henry L. Ford, 
Joseph Parker. 
Edward P. Mecuen, 
Elbridge G. Cobb, 
Joseph Hastings, 
Thomas Culligin, 
James Staniels, 
George B,. Matthews, 
G-eorge H. Bills, 
Ebenezer T. Hitchcock, 
Phineas B. Smith, 

SPECIAL POLICE 



CONSTABLES. 

Moses N. Hubbard, 
James Munroe, 
Sylvester E. Partridge, 
Morrill P. Berry, 
Joseph Hubbard, 
Hawley Folsom, 
Samuel Mcintosh, 
Matthew Clark, 
Jeremiah M. Swett, 
William E. Hicks, 
William D. Cook. 



Lewis P. Whiting, 
Arthur P. Anderson, 
James G. Parker, 
Thomas M. Lewis, 
William C. Swett, 



Orlando Austin, 

Silas Dole, 

William N. Hastings, 

John Cullio'in. 



Benjamin Meriam, 
James Ball, 
Joseph Hubbard, 
Hawley Folsom, 
William D. Cook, 

Thomas Adams, 



TRUANT OFFICERS. 

Samuel Mcintosh, 
Matthew Clark, 
Jeremiah M. Swett, 
William E. Hicks. 



CORONERS. 

Morrill P. Berry, 



Ira Allen. 



272 



CITY OFFICERS 



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. 



FIELD DRIVEES. 



Charles D. Bickford, 
Hawley Folsom, 
William E. Hicks, 
Samuel Mcintosh, 
William D. Cook, 
Jeremiah M. Swett, 
Elbridge G. Cobb, 
Edward F. Mecuen, 
Matthew Clark, 



Thomas CuUigin, 
Luke Vila, 

Sylvester E. Partridge, 
Ebenezer B. Rumrill, 
James Stauiels, 
Ebenezer T. Hitchcock, 
Christopher C. Dow, 
Elisha M. Davis. 



FENCE VIEWERS. 

Moses Gragg, David Simpson, John Dove. 

POUND KEEPER. 

Thomas M. Cotton. 

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 OF WEIGHTS AND MEASURES. 

George B. Faunce. 



LIQUOR AGENT. 

George B. Faunce. 



PUBLIC SCHOOLS 



273 



PUBLIC SCHOOLS. 

SCHOOL COMMITTEE. 
[Charter, Sect. 11. Ordinance No. 22,] 

George Putnam, Chairman. \ Franklin Williams, Secretary. 

Elected at Large. 
George Putnam, Franklin Williams, William A. Crafts. 

Elected by Wards. 
Ward 1. — Horatio G. Morse, George J. Arnold. 
" 2. — Ira Allen, J. Warren Tuck. 
" 3.— Timothy R. Nute, George M. Hobbs. 
" 4. — John W. Olrastead, Jeremiah Plympton. 
" 5.— Edwin Ray, Alfred P. Putnam.* 

standing committees. 

Regulations. — Messrs. Crafts, Williams, Tuck. 

Salaries. — Messrs. Allen, Morse, Metcalf. 

Accounts. — Messrs. Williams, Nute, Plympton. 

Books. — Messrs. Putnam {ex. off.), Ray, Crafts, Olmstead. 
Hobbs. 

Examination of Primary School Teachers. — Messrs. 
Putnam [ex. off.), Morse, Allen, Plympton, Arnold. 

OF different schools. 



Schools. 


Location. 


Local Committees. 




Mount Vernon Place 

Kenilworth Street 

Kenilworth & Bartlett Sts. 
Washington Street 


Under charge of Trustees. 
Olmstead, Ray, Crafts. 
Plympton, Nute, Olmstead. 
Allen, Tuck, Metcalf. 


High 




Washington 








Francis Street 


Francis Street 


Crafts, Nute, Hobbs. 



* Resigned in June, and Henry B. Metcalf elected to fill the vacancy. 

85 



274 PUBLIC SCHOOLS. 



LATIN AND ENGLISH HIGH SCHOOL. 

Augustus H. Buck, Principal. 
William C. Collar, Sub-Master. 
Moses G. Daniell, Assistant. 

PREPARATORY DEPARTMENT. 

Miss Elizabeth Weston, Teacher. 

This School is under the direction of a Board of Trustees, consisting of 
the following gentlemen : — 



George Putnam, Presideiit. 
Charles K. Dillaway, Sec'y. 
James Guild, Treasurer. 
A. C. Thompson, 
Theodore Otis, « 

Samuel P. Blake, 



John S. Sleeper, 
Joseph S. Ropes, 
William S. Leland, 
S. C. Thwing, 
William C. Appleton, 
James Ritchie. 



HIGH SCHOOL FOR BOTH SEXES. 

Samuel M. Weston, Principal. 
Eunice T. Plummer, ^ 
Sarah A. M. Gushing, v Assistants. 
Mary P. Gragg, ) 

DUDLEY SCHOOL — FOR GIRLS. 

Sarah J. Baker, Principal. 
Emily C. Allen, Assistant. 
Teacher of 2d Division, Jennie S. 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. Williams ; 3d, Harriet E. 
Davenport ; 4th, Rebecca A. Jordan ; 5th, Caroline C. Drown ; 
6th, Harriet M. Daniel. 



PUBLIC SCHOOLS. 



275 



DEARBORN SCHOOL BOTH SEXES. 

William H. Long;, Principal. 
Maria L. Tincker, Assistant. 



Rebecca R. Pettengill; 
Sarah S. Adams, 
Sarah A. Hosmer, 
Frances L. Breeden, 
Ann M. Backup, 
Margaret E. Davis, 



Ellen A. Marean, 
Caroline J. Nash, 
Mary G. Hewes, 
Henrietta M. Young, 
Louisa Litchfield. 



COMINS SCHOOL BOTH SEXES. 

Daniel W. Jones, Principal. 
Mary C. Eaton, Assistant. 



TEACHERS, 



Alice C. Pierce, 
Elizabeth W. Young, 
Almira W. Chamberline, 
Elizabeth A. Morse, 
Charlotte P. Williams, 
C. A. J. Smith, 



Sarah M. Vose, 
Esther M. Nickerson, 
Carrie K. Nickerson, 
Sarah A. P. Fernald, 
Mary E. Munroe. 



FRANCIS STREET SCHOOL BOTH SEXEi 

Sophronia F. Wright, Principal. 

TEACHER OF MUSIC IN GRAMMAR SCHOOLS. 

Charles Butler. 



TEACHER OF DRAWING. 

Benjamin F. Nutting. 

JANITOR OF SCHOOL BUILDINGS. 

Jonas Pierce, Jr. 



276 



PUBLIC SCHOOLS 



PRIMARY SCHOOLS AND LOCAL COMMITTEES. 



■WAKDS. 


SCHOOLS. 


DIVISIONS 


TEACHEES. 


COMMITTEES. 


Ward I. 


George Street, . 


1st. 
2d. 
3d. 
4th. 


Mary C. Bartlett. . . 
Susan H. Blaisdell. . 
Clara L. Davis. . . 
Mary M. Sherwin. 


Morse. 


(( 


Yeoman Street, . 


Ist. 
2d. 
3d. 
4ih. 


Lizzie M. Wood. . . 
Anna M. Balch. . . 
Susan F. Eowe. . . 
Huldah R. Clark. . . 


Williams. 


(t 


Eustis Street, , 


Ist. 
2d. 
3d. 
4th. 


Mary F. Neal. . . . 
Emma C. Wales. . . 
Mary L. Walker. . . 
Elizabeth E. Backup, 


Arnold. 


Ward II. 


Vernon Street, . 


1st. 
2d. 
3d. 
4th. 


Clara M. Adams. . 
Susannah L. Durant. 
Catherine F. Mayall. 
Abby S. Oliver. . . 


Plympton. 


<( 


Sudbury Street, 


1st. 
2d. 
3d. 
4th. 


Annie G. Fillebrown. 
Olive E. Emery. , , 
Cornelia J. Bills. , 
Mary E. Gardner, 


Tuck. 


t< 


Franklin Place, 


1st. 
2d. 
3d. 


Mary E. Johnson. 
Eunice C. Atwood. 
Helen A. Bradley. 


Allen. 


i( 


Avon Place, . . 


1st. 
2d. 


Sarah J. Davis. . , 
Caroline I. Lewis, 


Allen. 


(( 


Mill Dam, . . 




Adeline E. Reed. . . 


Allen. 


Ward III. 


Orange Street, 


1st. 
2d. 


Martha H. Horn. . . 
Emily B. Eliot. . . 


Olmstead. 


(( 


Tremont Street, 




Mary A. Miers. . . 


Nute. 


(i 


Cottage Place, . 


1st. 
2d. 
3d. 
4th. 


Mary L. Gore. . . 
Sarah W. Holbrook. 
Anna M. Stone. . . 
Emily L. Wilson. , . 


Nute. 


t( 


Smith Street, . 


1st. 
2d. 


Anna M. Eaton. . . 
Anna E. Clark. . . 


Hobbs. 


t( 


Francis Street, . 




Elizabeth M. Hall. . 


Crafts. 


Ward IV. 


Heath Street, . 




J. B. Lawrence. , . 


Crafts. 




Centre Street, . 


Ist. 
2d. 


Henrietta M. Wood. 
Mary A. Morse. . . 
Maria L. J. Perry. . 


Olmstead. 


t( 


Edinboro' Street, 


1st. 


Putnam. 






2d. 


Mary F. Drown. . . 




Ward V. 


Munroe Street, . 




Almira B. Russell. 


Me tea If. 


(( 


Winthrop Street, 


1st, 
2d. 


Frances N. Brooks. . 
Eliza J. Goss. . . . 


Ray. 


(( 


Elm Street, • , 


1st. 
2d. 


Anne E. Boynton. 
Fanny H. C. Bradley. 


Metcalf. 



WARD OFFICERS 



277 



WARD OFFICERS. 

Ward 1. 



Warden. 

William Morse. 

Clerk. 
Samuel G. Curtis. 

Wardeji. 
Anthony B. Shaw. 

Clerk. 
Geors;e Richards. 



Warden. 

Francis Freeman. 

Clerk. 
Isaac P. Clark. 



Warden. 
John R. Withington. 

Clerk. 
Henry H. Page. 

Warden. 
John G. Chandler. 

Clerk. 
Asa Wyman^ Jr. 



Inspectors. 
J. Warren Winslow, 
William H. Allen, 
Thomas H. Litchfield. 



Ward 2. 

Inspectors. 

George C. Burgess, 
Thomas J. Aver ill, 
George F. Seaver. 



Ward 3. 

Inspectors. 
Patrick Dolan, 
Richard Garvey, 
Joseph L. GifFord. 



Ward 4. 

Inspectors. 
Phineas B. Smith, Jr., 
James W. Garcia, 
Peleg E. Eddy. 



Ward 5. 

Inspectors. 
Henry M. Harmon, 
Henry Basford, 
True Russell. 



278 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 Yernon Street; 
thence on the northerly side of Vernon to Ruggles Street ; tlience 
on the easterly and northerly side of Ruggles to Parker Street; 
thence crossing Parker Street over the marshes on the norther- 
ly 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 crossing Parker Street over the marshes 
on the southerly side to the creek which divides Roxbury from 
Brookline, the point where the Second Ward terminates. 



WARDS. 279 

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 monu- 
ment; thence in a straight line to a stone monument near 
Leonard Hyde's on Centre Street, being the division line be- 
tween 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 nortlierly side 
of Seaver Street to Brush Hill Turnpike ; thence in a direct 
line to Dorchester line. 



WARD ROOMS. 

Ward 1. Primary School House, Eustis Street. 

" 2. Vestry Tremont Baptist Church, Ruggles Street. 

" 3. Ward Room, Putnam Street. 

" 4. Engine House, Centre Street. 

" 5. School House, Winthrop Street. 



nSTRUCTIONS FOR WARD OFFICERS. 



or COUNTING VOTES. 

1. Results of elections, how 

determined. 

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 per- 
son, &c. 



6. Whole number of ballots. , 

7. Same subject. 

OF KEEPING WARD RECORDS. 

1. Clerk to keep the records. 

2. Warrant and return to be 

copied and certified. Record 
of meeting. Polls opened. 
Polls closed. Election in 
all the Wards. Election in 
single Ward. Vote declared. 
Meeting dissolved. Clerk's 
attestation. 



OF COUNTING VOTES. 

^f^Eie'ctions ^' ^^'^ Order to determine the result of any election 
mined!''"' 0^ ^^^J clvil officer or officers of this Commonwealth, 
ch!i57,Vi. ^^^^ whole number of persons who voted at such elec- 
tion shall first be ascertained, by counting the whole 
number of separate ballots given in, and the person or 
persons who shall receive the highest number of votes 
shall be deemed and declared to be elected ; and in 
all returns of elections, the whole number of ballots 
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 candidates shall receive an equal number of 
votes, being a plurality, by reason whereof the whole 
number to be elected cannot be completed, the candi- 
dates having such equal number of votes shall be 
deemed not to be elected. 

3. By the establishing of the plurality law, in all 
cases, in this Commonwealth, the difficulties which 



Same sub- 
ject. Ibid, 
$2. 



Effect of 
Plurality 
law. 



INSTEUCTIONS FOR WARD OFFICERS. 281 

formerly existed in determining the result of an elec- 
tion have been almost entirely removed. Errors in ^°„'*/*,^.|^;ig 
regard to the whole number of ballots may, however, Hii^^l °^ 
be made by Ward Officers, and they should be par- 
ticularly careful in ascertaining it exactly, and record- 
ing it correctly, since otherwise the whole number of 
ballots as returned by them will not agree with the 
sum of the ballots given for each candidate. They 
should bear in mind that, although several ballots for 
different officers may be enclosed in one envelope, 
or 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, "^lhen=in ^ 

•' ^ ' ornce is to be 

as Governor, Lieutenant Governor, Register of Deeds, pl.rg'l,]^-'^"^ 
County Treasurer, Mayor, Warden, Ward Clerk, &c., 
the whole number of ballots may be ascertained, cor- 
rectly, after counting the votes for each candidate, hy 
adding together all the votes cast for each candidate 
for the same office. 

5. When an office is to be filled by more than one^^/g^^fgt,^ 
person, as Senators, Representatives, County Commis-n"rethan 
sioners, and Special Commissioners, Aldermen, Com-&"'!^'^'^^°"' 
mon Councilmen, School Committee, and Ward In- 
spectors, 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 ascertaining the whole j^^ of%"ar" 
number of ballots, is to ascertain, the whole number '°*'' 

36 



282 



INSTRUCTIONS FOR WARD OFFICERS. 



Same sub- 
ject. 



of voters who vote for a candidate or candidates for 
each office, and therefore, if a person votes for only 
one representative when he might vote for five on the 
same ballot, his vote is to be counted as a ballot in 
making up the whole number cast for that office. It 
represents a voter, and is a ballot. 

7. But if a person votes for Representatives only, 
that vote should not be counted in making up the 
whole number for Senators, or if a person votes for 
Mayor and Aldermen, that vote, which is composed 
of two ballots, should be counted as one ballot for 
Mayor and one ballot for Aldermen, but not as a 
ballot for Common Councilmen, nor Inspectors of 
Elections, &c., as frequently happens where the tickets 
are taken as the ballots. 



Clerk to 
keep the 
Becords. 



OF KEEPING WARD RECORDS. 

1. It is the Clerk's duty to keep the records, and 
they should be signed by him alone, and not by the 
"Warden and Inspectors. 
I^'"ret"urn 2. Thc Warrant calling the meeting, and the offi- 
Mdcertified. cer's rctum thereon, should be first copied on the 
book, and certified as true copies. The record should 
then proceed in this form, varied to meet the cu-cum- 
stances of the case : — 

" Pursuant to the foregoing warrant, the inhabitants 
of Ward No. — , qualified to vote as the law directs, 
assembled at the time and place and for the purposes 
therein expressed. 

"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. 

"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 Elec- 



Kecord of 
meeting'. 



Polls 
opened. 



Polls closed 



INSTRUCTIONS FOR WARD OFFICERS. 283 

tions 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 -; 

"The whole number of ballots for Senators was ; Kiection in 

' all the 

E. F. had ; wards. 

G. H. had :" 



{And so on through the whole list. When the 
election is determined by each Ward alone, as Com- 
mon Councilmen, Warden, Inspectors, and Ward 
Clerk, the record should he made thus :) 

"The whole number of ballots for Common Coun- flection in 

single Ward. 

oilmen 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 d°cured. 
recorded as above in open Ward meeting, was de- 
clared to the meeting by the Warden. 

" The meeting was then dissolved. Meeting 

dissolved. 

" A true record. 

X. Y. Z., Ward Clerk:' cif V^ 

' attestation. 



284 



MODES OF APPOINTMENT OP CITY OFFICEES. 



MODES AND TIMES OE APPOINTMENT 

OF THE VARIOUS CITY OFFICERS. 



City Clerk — in ConveDtion, . . . 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, Police and 

Watchmen — 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, . . May or June. 
City Messenger — Concurrent vote, first elected 

by the Mayor and Aldermen, . . . April. 
Superintendent of Burial Grounds — Mayor 

and Aldermen, • April. 

City Solicitor — Concurrent vote of both 

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

branches of the City Council, . . . May. 
Harbor Master— Elected by City Council, . April. 



TAXES. 285 



TAXES. 

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

1846. 
Valuation of Real and Personal Estates, . $12,543,900.00 



At $5.00 per $1,000, is ... . $62,719.50 

No. of Polls 3,668, at $1.50 each, is . . 5,502.00 



Total Tax for 1846, .... $68,221.50 

1847. 
Valuation of Real and Personal Estates, . $12,628,300.00 



At $5.70 per $1,000, is ... . $71,981.31 

No. of Polls 3,806, at $1.50 each, is . . 5,709.00 



Total Tax for 1847, .... $77,690.31 

1848. 
Valuation of Real and Personal Estates, . $13,174,600.00 



At $5.70 per $1,000, is .... $75,095.22 

No. of Polls 3,999, at $1.50 each, is . . 5,998.50 

Total Tax for 1848, . . . . $81,093.72 



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 



286 TAXES, 



1850 



Valuation of Real Estate, .... $9,560,800.00 
Valuation of Personal Estate, . . . 4,152,000.00 

$13,712,800.00 



At $6.20 per $1,000, is .... $85,019.36 

No. of Polls 4,125, at $1.50 each, is . . 6,187.50 

Total Tax for 1850, .... $91,206.86 



1851.* 

Valuation of Real Estate, .... $9,6'49,600.00 
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, is . . . $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. 287 



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 



1864. 

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 



18 5 5. 

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 



288 ' TAXES, 



1856 



Valuation of Real Estate, .... $11,594,400.00 
Yaluation of Personal Estate, . . . 5,066,000.00 



$16,660,400.00 



At $9.00 per $1,000, is .... $149,943.60 

No. of Polls 4,118, at $1.50 each, is . . ' 6,177.00 



Total Tax for 1856, . . . . $156,120.60 



■ 1857. 

Yaluation of Real Estate, . . . .$11,923,600.00 
Valuation of Personal Estate, . . . 5,403,400.00 



$17,327,000.00 



At $10.00 per $1,000, is ... . $173,270.00 
No. of Polls 4,152, at $1.50 each, is . . 6,228.00 



Total Tax for 1857, .... $179,498.00 



1858. 

Valuation of Real Estate, . . . . $12,404,000.00 
Valuation of Personal Estate, . . . 5,064,800.00 



$17,468,800.00 



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

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



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



TAXES. 289 



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 $1.50 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 
37 



290 TAXES 



1862 



Valuation of Real Estate, .... $15,569,400.00 
Valuation of Personal Estate, , . . 5,121,200.00 



$20,690,600.00 



At $12.00 per $1,000, is .... ■ $248,287.20 
No. of Polls 4,719, at $2.00 each, is . ♦ 9,438.00 



Total Tax for 1862, .... $257,725.20 



1863. 

Valuation of Real Estate, .... $15,609,000.00 
Valuation of Personal Estate, . . . 5,326,800.00 



$20,935,800.00 



At 113.00 per $1,000, is ... . $272,165.40 
No. of Polls 4,618, at $2.00 each, is . . 9,236.00 



Total Tax for 1863, .... $281,401.40 



VALUATION OF ESTATES. — SQUARES AND SEWERS. 



291 



VALUATION OF ESTATES, AND NUMBER OF POLLS 
IN ROXBURY, FROM 1836 to 1863. 



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 3,833 


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 


1863 




20,935,800 4,618 


AMOUNT PAID FOR 


SQUARES AND SEWERS. 


1861, Squares, 


$9,243.48 


Sewers, 


16,944.64 


1862, Madison Square, 


8,967.43 


Sewers, 


4,302.22 


1863, Madison Square, 


4,289.93 


Sewers, 


16,424.52 



West Roxbury set off, 1851. 



292 



CITY DEBT. — HIGHWAYS. 



CITY DEBT FOR THE SEVERAL YEARS SINCE THE 
INCORPORATION OF THE CITY. 



1846 


Feb 


ruary li 


^t, 




$22,776.75 


1847 


a i 


i 




27,609.98 


1848 


a < 


I 




29,443.31 


1849 


' U I 


I 




39,973.65 


1850 


a 


i 




56,976.65 


1851 


a 


i 




48,476.65 


1852 


u 


i 




140,387.05 


1853 


u 


( 




186,810.40 


1854 


u 


I 




181,110.40 


1855 


11 


i 




209,263.95 


1856 


u 


i 




254,865.95 


1857 


a 


I 




246,040.95 


1858 


a 


: 




257,340.95 


1859 


a 


i 




2.80,240.95 


1860 


u 


i 




410,975.00 


1861 


u 


I 




613,490.00 


1862 


u 


u 




721,215.00 


1863 


a 


e 




831,065.00 


1864 


u 


i 




936,180.00 


AMOUNT P 


AID FOR REPAIRS C 


>F HIGHWAYS. 


1846 




$7,750.83 


1847 








9,853.38 


1848 








10,029,93 


1849 








12,015.06 


1850 




1 




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 


1863 










41,844.96 



SCHOOLS. — POLICE AND WATCH. 



293 



AMOUNT PAID FOR SCHOOLS, INCLUDINa BUILDINa 
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 


50,074.99 


1858 




38,670.81 


9,679.65 


48,350.46 


1859 




43,386.44 ] 


19,347.31 


62,733.75 


1860 




49,010.68 : 


56,542.78 


85,553.46 


1861 




48,507.52 




48,507.52 


1862 




45,921.47 




45,921.47 


1863 


47 
AMOUNT 


714.95 


14,946.2 


6 
.ND 


62,661.21 




PAID FOR POLICE A 


WATCH. 




1846 






$2,363.96 




1847 










3,965.65 




1848 










4,408.41 




1849 










5,004.08 




1850 










4,075.89 




1851 










3,427.27 




1852 










4,271.30 




1853 










4,419.75 




1854 










5,370.68 




1855 
1856 

1857 
1858 
1859 
1860 
1861 
1862 
1863 




[ * 






7,817.60 
9,290.88 
13,052.35 
13,746.89 
16,502.55 
16,723.15 
15,396.69 
16,088.61 
19,533.70 



294 



FIRE DEPAETMENT. ^LAMPS. 



AMOUNT PAID FIRE DEPARTMENT, PAY OF MEMBERS, 
BUILDING ENGINES, HOUSES, REPAIRS, &c. 



1846 

1847 
1848 
1849 
1850 
1851 
1852 
1853 
1854 
1855 
1856 
1857 
1858 
1859 
1860 
1861 
1862 
1863 



Eeservoirs. 


Fire Department. 


Total. 


$1,299.00 


$5,941.12 


$7,240.12 


2,090.00 


6,635.79 


8,725.29 


1,-993.81 


5,493.06 


7,468.87 


1,271.47 


5,869.14 


7,140.61 


912.44 


5,407.76 


6,320.20 




6,618.99 


6,618.99 


670.77 


7,634.54 


8,305.31 


1,747.33 


8,232.33 


9,979.66 




8,681.84 


8,681.84 


1,593.49 


10,655.08 


12,248.57 


258.56 


12,203.13 


12,461.69 


3,014.20 


12,597.64 


15,611.84 


43.97 


19,123.46 


19,167.43 


1,700.00 


16,530.78 


'18,230.78 


1,355.32 


21,800.31 


23,155.63 


2.502.16 


15,367.72 


17,869.68 


1,200.00 


14,549.61 


15,749.61 


3,560.45 


15,067.15 


18,627.60 



AMOUNT PAID FOR LAMPS. 



1846 
1847 
1848 
1849 
1850 
1851 
1852 
1853 
1854 
1855 
1856 
1857 
1858 
1859 
1860 
1861 
1862 
1863 



$849.06 

935.94 

899.01 

1,094.75 

1,221.18 

1,362.63 

2,431.47 

3,243.14 

2,592.75 

11,469.66 

8,551.78 

12,105.71 

11,281.08 

10,517.58 

11,378.78 

13,656.55 

11,752.68 

14,322.69 



SUPPOET OF POOR. — POPULATION OP ROXBURY. 



295 



AMOUNT PAID FOE SUPPOET OF POOE. 

Year. 

1846 
1847 
1848 
1849 
1850 
1851 
1852 
1853 
1854 
1855 
1856 
1857 
1858 
1859 
1860 
1861 
1862 
1863 

Note. — The amount given as the net cost of the respective years, is not 
strictly correct in every instance, as the Accounts against the Commonwealth 
have in some instances been disallowed by the State Auditor, and a part of 
them subsequently allowed by the Legislature. 



Average No. inmates. 


Whole No. admitted. 


Net cost. 


120 


410 


$5,586.15 


187 


762 


9,751.95 


242 


710 


6,052.40 


216 


627 


9,207.40 


240 


628 


8,229.08 


227 


630 


8,478.96 


185 


507 


6,737.49 


155 


356 


7,227.14 


52 


292 


7,776.21 


25 


90 


4,543.92 


25 


112 


5,491.64 


25 


228 


6,064.50 


25 


407 


5,547.72 


30 


363 


7,525.36 


36 


344 


9,694.19 


45 


547 • 


8,829.16 


55 


250 


9,212.61 


36 


175 


9,845.70 



POPULATION OF EOXBUEY AT DIFFEEENT PEEIODS. 


1765 
1790 








1,487 
2,226 


1800 








2,765 


1810 








3,669 


1820 








4,135 


1830 








5,247 


1840 
1850* 








9,087 
18,316 


1855 

1860 








18,477 
25,138 



* Including West Roxbury. 



CATALOGUE 



OF THE 



§i)tenment d i\t Citg of ^fl;eterg, 



FROM ITS 



INSTITUTION IN 1846 TO 1864. 



38 



298 PAST MEMBERS OP 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 Keitli. 



COMMON COUNCIL. 

Francis G. Shaw, President. 



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

Wakd 2, 
Abraham G-. Parker, 
George S. Griggs, 
Esdras Lord. 

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

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



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

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

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

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



TREASURER. 

Joseph W. Dudley. 

CITY CLERK. 

Joseph W. Tucker. 

CLERK OF COMMON COUNCIL. 

Joshua Seaver. 



PAST MEMBERS OF THE CITY GOVERNMENT. 

1847. 



299 



MAYOR. 

HENRY ALEXANDER SCAMMEL DEARBORN. 



ALDERMEN, 



Elijah Lewis, 
William Keith, 
Richard Ward, 



Calvin Young, 



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



COMMON COUNCIL. 

Linus B. Comins, President. 



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

Wakd 2. 
Abraham G. Parker, 

George S. Griggs, 
Esdras Lord. 

Wakd 3. 
William J. Reynolds, 
William G. Eaton, 
William A. Crafts. 

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



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

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

Ward 7. 
John Dove, 
Anso^ Dexter, 
James E. Forbush. 

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



TREASURER. 

Joseph W. Dudley. 

CITY CLERK. 

Joseph W. Tucker. 

CLERK OF COMMON COUNCIL. 

Joshua Seaver. 



300 



PAST MEMBERS OP THE CITY GOVERNMENT. 



1848 



MAYOR. 

HENRY ALEXANDER SCAMMEL DEARBORN. 



ALDERMEN, 



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



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



COMMON COUNCIL. 

Linus B. Comins, President. 



Ward 1. 

Daniel Jackson, 
Simeon Litchfield, 
Ebenezer Chamberlain. 

Wakd 2. 
Abraham G. Parker, 
George S. Griggs, 
Esdras Lord. 

Wakd 3. 
William J. Reynolds, 
William G. Eaton, 
William A. Crafts. 

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



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

Ward 6. 

Franklin Fearing, 
Atkins A. Clark, 
Enoch Nute. 

Ward 7. 
Theodore Dunn, 
Stephen M. Allen, 
Ebenezer 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. 

18 4 9. 



301 



MAYOR. 

HENRY ALEXANDER SCAMMEL DEARBORN. 



ALDERMEN.. 



Francis 0. Head, 
Richard Ward, 
William B, Kingsbury, 
Calvin Young, 



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



COMMON COUNCIL. 



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

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

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

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



William A. Grafts, Presideiit. 

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

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



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

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



TREASURER. 

Joseph W. Dudley. - 

CITY CLERK. 

Joseph W.. Tucker. . 

CLERJC OF COMMON COUNCIL, 

Joshua .Seater,, 



302 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, 
William Mackintosh, 
Daniel Jackson. 



COMMON COUNCIL. 



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

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

Wakd 3. 
William J. Eeynolds, 
William A. Crafts, 
William Gaston. 

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



William A. Crapts, President. 

Ward 5. 
Aaron D. Williams, Jr., 
Hiram Hall, 
Robert W. Parker. 



Ward 6. 
Jonas Barnard, 
Hosea B. Stiles, 
John P. 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. 



PAST MEMBERS OF THE CITY GOVERNMENT. 

1851. 



30^ 



MAYOR* 

HENRY ALEXANDER SCAMMEL DEARBORN.* 



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



ALDERMEN. 



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



COMMON COUNCIL. 



William A. 



Wakd L 
Daniel P. Upton, 
John R. Howard, 

Reuben Winslow. 

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

Wakd 3. 
William A. Crafts, 
William Gaston, 
Joseph Crawshaw. 

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



Crafts, President. 

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

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

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

Wakd 8. 
Charles G. Mackintosh, 
Cornelius Cowing, 
James W. Was on. 



treasurer. 
Joseph W. Dudley. 

CITY CliEKK. 

Joseph W. Tucker. 

CLERK OE COMMON COUNCIL. 

Joshua Seaver. 



* Deceased in July, and Samuel Walker elected by the City Council to fill the vacancy. 



304 



PAST MEMBERS OP THE CITY GOVERNMENT. 



18 52. 

MAYOR. 

SAMUEL WALKER. 



ALDERMEN. 



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



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



COMMON COUNCIL. 

William Gaston, President. 



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

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

Charles Hickling, 
William S. Leland, 



Wakd 5. 



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

Wakd 4. 
George Lewis, 
Joseph N. Brewer, 
Frederick Guild, 
George Davenport. 

William D. Adams, 
Isaac S. Burrell, 



TREASURER. 

Joseph W. Dudley. 

CITY CLERK. 

Joseph W. Tucker. 

CXEEK or COMMON COUNCIL. 

Joshua Seaver. 



PAST MEMBERS OP THE CITY GOVERNMENT. 



305 



185 3. 

MAYOR. 

SAMUEL WALKER. 



ALDERMEN, 



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



Alvah Kittredge, 
Horace Williams, 
John S. Sleeper, 
Charles Hickling. 



COMMON COUNCIL. 

William Gaston, President. 



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

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

William S. Leland, 
William D. Adams, 



Ward 5. 



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

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

Isaac S. Burrell, 
William B. May. 



TREASURER. 

Joseph W. Dudley. 

€Ity clerk. 

Joseph W. Tucker, 

clerk of common council. 

Joshua Seaver. 



39 



306 



PAST MEMBERS OP 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. 



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

Waed 2. 
John M. Hewes, 
Joseph Houghton, 
Phineas Colburn, 
Henry Basford. 

William D. Adams, 
William B. May, 



Wakd 5. 



Wakd 3. 
Charles B. Bryant, 
Horace King, 
Obed Rand, 
Alden Graham. 

Ward 4. 
Henry Davenport, 
Joseph B. Wheelock, 
Geor2:e W. Tuxbury, 
John R. Hall. 



Walden Porter, 
James M. Keith. 



treasurer. 
Joseph W. Dudley. 

CITY CliEKK. 

Joseph W. Tucker. 

CLEKK OF COMMON COTJKCIIi. 

Joshua Seaver. 



PAST MEMBERS OP THE CITY GOVEENMENT. 



307 



185 5. 

MAYOR. 

JAMES RITCHIE. 



ALDERMEN. 



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



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



COMMON COUNCIL. 

William Ellison, President. 



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

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

Henry P. Shed, 
Joseph W. Bobbins, 



Ward 5. 



Ward 3. 
Bobert Simpson, 
Robert W. Molineux, 
William R. Huston, 
Joseph H. Swain. 

Ward 4. 
Samuel A. Shurtleff, 
William Ellison, 
Ebenezer W. Bumstead, 
Clark I. Gorham. 



John W. Wolcott, 
James W. Cushino;. 



TREASURER. 

Joseph W. Dudley. 

CITY CLERK. 

Joseph W. Tucker. 

CI/ERK OF COMMON COXTNCIL, 

Joshua Seaver. 



308 



PAST MEMBERS OP THE CITY GOYEENMEXT, 



1856. 

MAYOR. 

JOHN SHERBURNE SLEEPER. 



ALDERMEN. 



Nelson Curtis, 
Benjamin Thompson, 
Charles E. Grant, 
Joseph G-. Torrey, 



George S. Griggs, 
Nahum Ward, 
Jonathan P. Robinson, 
Charles C. Nichols. 



COMMON COUNCIL, 



John W. May, President. 



Wakd 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, 



Waed 5. 



Wakd 3. 
John W. May, 
John E. Gowen, 
William E. Dunning, 
Samuel Little. 

Wakd 4. 
Ebenezer W. Bumsteacl, 
Samuel A. Shurtleff, 
Daniel W. Glidclen, 
Alonzo W. Eolsom. 



John T. Ellis, 
William K. Lewis. 



TREASURER. 

Joseph W. Dudley. 

CITY CliEKK. 

Joseph W. Tucker. 

CLEKK OF COMMON COUNCIL, 

Joshua Seaver. 



PAST MEMBERS OP THE CITY GOVERNMENT. 



509 



1857. 

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. 



Wakd 1. 
Franklin Williams, 
William Morse, 
Albert Brewer, 
George J. Lord. 

Wakd 2. 
Alvin M. Robbins, 
William P. Fowle, 
Thomas L. D. Perkins, 
Phineas Colburn. 

Henry P. Shed, 
Robert C. Nichols, 



Waed 3. 

John W. May, 
Alfred G. Hall, 
Samuel Little, 
John Bowdlear. 

Ward 4. 
John R. Hall, 
Samuel A. Shurtle£F, 
William Graham, 
James A. Tower. 



Wakd 5. 



William Barton, 
William K. Lewis. 



TKEASUEER. 

Joseph W. Dudley. 

CITY CLEKK. 

Joseph W. Tucker. 

CLERK OF COMMON COUNCIL. 

Joshua Seaver. 



310 



PAST MEMBERS OP THE CITY GOVERNMENT. 



1858. 
MAYOR. 

JOHN SHERBURNE SLEEPER. 



ALDERMEN 



George Lewis, 
William S. Leland, 
John C. Clapp, 
Samuel Pearson, 



Benjamin S. Noyes, 
Uriah T. Brownell, 
Samuel A. Slmrtleff, 
Ivorj 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 OE COMMON COUNCIL. 

Franklin Williams. 



PAST MEMBEES OF THE CITY GOVERNMENT. 



;ii 



1859. 

MAYOR. 

THEODORE OTIS. 



ALDEEMEN, 



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



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



COMMON COUNCIL. 

Ebenezee W. BuMSTEAD, President. 



Waed 1. 
William Morse, 
Allen Putnam, 
Benjamin F. Campbell, 
Asa Wyman. 

Wakd 2. 
Gideon B. Richmond, 
Albert Batchelder, 
John M. Marston, 
Thatcher F. Sweat. 

Ebenezer W. Bumstead, 
Thomas Farmer, 



Wakd 3. 
Alfred G. Hall, 
Patrick H. Rogers, 
William H. Ward, 
Malcom McLaughlin. 

Waed 4. 
John R. Hall, 
Hartley E. Woodbridge, 
John H. Bufford, 
Francis Freeman. 



Wakd 5. 



John T. Ellis, 
John Dove. 



TKEASUKEE. 

Joseph W. Dudley. 

CITY CLEKK. 

Joseph W. Tucker. 

CliEKK OE COMMON COUNCIL. 

Franklin Williams. 



312 



PAST MEMBERS OF THE CITY GOVERNMENT. 



1860. 



MAYOR. 

THEODORE OTIS. 



ALDERMEN 



William B. May, 
Joshua B. Fowle, 
Jeralimeel C. Pratt, 
William Curtis, 



Gideon B. Richmond, 
John C. Clapp, 
Alonzo W. Folsom, 
George Frost. 



COMMON COUNCIL. 

Ebenezer W. Bumstead, President. 



Wakd 1. 
Benjamin F. Campbell, 
Asa Wyman, 
L. Foster Morse, 
Charles Stanwood. 

Wakd 2. 
Thatcher F. Sweat, 
John M. Marston, 
Albert Batchelder, 
Edward Lang, Jr. 

Ebenezer W. Bumstead, 
Charles D. Swain, 



Ward 5. 



Wabd 3. 
George B. Faunce, 
Patrick R. Guiney, 
William H. Ward, 
Malcom McLaughlin. 

Wakd 4. 
Hartley E. Woodbridge, 
Phineas B. Smith, 
Moses H. Day, 
Frederick A. Brown. 



Oliver J. Curtis, 
William H. Mcintosh. 



TKEASTJKEK. 

Joseph W. Dudley. 

CITY CLEKK. 

Joseph W. Tucker. 

CLEKK OF COMMOK COTJNCIL. 

Franklin Williams. 



PAST MEMBERS OP THE CITY GOVERNMENT. 



313 



18G1. 

MAYOR. 

WILLIAM GASTON. 



ALBERMEN 



Samuel Little, 
Isaac S. Burrell, 
Jerahmeel C. Pratt, 
Charles Stanwood, 



Gideon B. Richmond, 
Robert Hale, 
Samuel C. Cobb, 
Oliver J. Curtis. 



COMMON COUNCIL. 

George B. Faunce, President. 



Wakd 1. 
L. Foster Morse, 
Lewis F. Whiting, 
Patrick E. Reed, 
Thomas C. Norton. 

Ward 2. 
Thatcher F. Sweat, 
James T. Buswell, 
Alvin M. Robbing, 
John Stanton. 

Charles D. Swain, 
William H. Mcintosh, 



Waed 5. 



Wakd 3. 
George B. Faunce, 
Malcom McLaughlin, 
John McElroy, 
True Russell. 

Wakd 4. 
Henry P. Shed, 
Moses H. Day, 
Roland Worthington, 
Edward Wise. 

David J. Foster, 
John F. Newton. 



TREASUKEK. 

Joseph W. Dudley. 

CITY CLEKK. 

Joseph W. Tucker. 

CLEEK OF COMMON COUNCIL. 

Joshua Seaver, 
4t) 



314 



PAST MEMBEES OP THE CITY GOVERNMENT. 



1862. 
M A YOE. 

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. 



Waed 1. 
L. Foster Morse, 
Lewis F. Whiting, 
Michael W. Dolan, 
Thomas C. Norton, 



MosES H. Day, President. 

Wakd 3. 
John McElroy, 
Stephen H. Williams, 
Gotlieb F. Burkhardt, 
William Whitney. 



Wakd 2. 
Alvin M. Robbins, 
Thomas P. Sweat, 
Square G. Brooks, 
Georse Onion. 



Charles D. Swain, 
Franklin Curtis,t 



Wakd 5. 



Ward 4. 
Henry P. Shed, 
Moses H. Day, 
Roland Worthington, 
George Putnam, Jr. 



David J. Foster, 
John F. Newton. 



TREASUREK. 

Joseph W. Dudley. 

CUT CLERK. 

Joseph W. Tucker. 

CLERK OF COMMON COUNCIL. 

Joshua Seaver. 



* Chosen in place of Ariel Low, resigned. f In place of Wm. H. Mcintosh, resigned. 



PAST MEMBERS OF THE CITY GOVERNMENT. 



315 



1863. 

MA Y R. 

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. 



Wakd 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 5. 



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. 

John F. Newton, 
William C. Hardins;. 



TREASURER. 

Joseph W. Dudley. 

CITY CLERK. 

Joseph W. Tucker. 

CLERK OF COMMON COUNCIL. 

Joshua Seaver. 



316 



PRESENT MEMBERS OP THE CITY GOVERNMENT. 



1864. 
MAYOR. 

GEORGE LEWIS. 



ALDERMEN. 



Samuel Little, 
Ivory Harmon, 
Phineas B. Smith, 
James E. Adams, 



William Seaver, 
Richard Holmes, 
Moses H. Day, 
John F. Newton. 



COMMON COUNCIL. 

Roland Worthington, President. 



Wakd 1. 
L. Foster Morse, 
George H. Pike, 
Augustus L. Litchfield, 
Alvin G. Bartlett. 

Ward 2. 
Alvin M. Robbins, 
Thomas P. Sweat, 
George Onion, 
William Bacon, Jr. 

Franklin Curtis, 
Mitchell Leavitt, 



Wakd 5. 



Wakd 3. 
Horace H. White, 
James C. Eagan, 
Joseph M. Pike, 
Thomas Feely. 

Waed 4. 
Roland Worthington, 
Henry N. Farwell, 
George Putnam, Jr., 
Francis W. Welch. 

John J. Merrill, 
Christopher Tilden, Jr. 



TKEASIJKEK. 

Joseph W. Dudley. 

CITY CI-EKK. 

Joseph W. Tucker. 

CLEEK OF COMMON COUNCIL. 

Franklin Williams. 



HISTORICAL LIST OP MEMBERS, 

SINCE THE ADOPTION OF THE CITY CHAETEK. 



MAYORS. 

John Jones Clarke, 1846. 

Henry Alexander Scammel Dearborn, 1847, 48, 49, 50, 51.* 

Samuel Walker, 1852, 53. 

Linus Bacon Comins, 1854. 

James Kitchie, 1855. 

John Sherburne Sleeper, 1856, 57, 58. 

Theodore Otis, 1859, 60. 

William Gaston, 1861, 62. 

George Lewis, 1863, 64. 

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. 

WiUiam 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. i 

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. 

* 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. 



18 HISTORICAL LIST OF MEMBERS. 

John Sherburne Sleeper, 1853. 

Charles Hickling, 1853, 54. 

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 HoAvs 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. 

TJriah Tompkins Brownell, 1858. 

Samuel Atwood Shurtleff, 1858. 

Ivory Harmon, 1858, 63, 64. 

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, 63. 

Samuel Little, 1861, 62, 63, 64. 

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, 64. 

John Henry Lester, 1862, 63. 

Ariel Low, 1862,* 

Moses Henry Day, 1863, 64. 

James Edson Adams, 1863, 64. 

William Seaver, 1864. 

Richard Holmes, 1864. 

John Franklin Newton, 1864. 

* Kesigned, and Ivory Harmon was chosen to fill the vacancy. 



HISTORICAL LIST OP MEMBERS. 319 



PRESIDENTS OF THE COMMON COUNCIL. 

Francis George Shaw, 1846. 
Linus Bacon Comins, 1847, 48. 
William Augustus Crafts, 1849, 50, 51. 
William Gaston, 1852, 53. 
James Monroe Keith, 1854. 
William Ellison, 1855. 
John Wilder May, 1856. 
Henry Pinkham Shed, 1857, 58. 
Ebenezer Waters Bumstead, 1859, 60. 
George Burrill Faunce, 1861. 
Moses Henry Day, 1862. 
Roland Worthington, 1863, 64. 

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, 1852. 

Daniel Putnam Upton, 1851, 52, 53. 

Reuben Winslow, 1851. 

John Reed Howard, 1851.* 

George JefFerds Lord, 1852, 53, 57. 

Franklin Williams, 1853, 54, 55, 56, 57. 

Joseph Houghton Chadwick, 1853, 54. 

Joseph Gendell Torrey, 1854. 

Thomas Farmer, 1854. 

William Morse, 1855, 56, 57, 59. 

George Harris Pike, 1855, 56, 64. * 

Asa Wyman, Jr., 1855. 

Samuel Pearson, Jr., 1856. 

Albert Brewer, 1857, 58. 

Ebenezer Ryerson, 1858. 

Joel Gay, 1858. f 

Chester Morse Gay, 1858. 

Benjamin Franklin Campbell, 1859, 60. 

Asa Wyman, 1859, 60. 

Lemuel Foster Morse, 1860, 61, 62, 63, 64. 

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. 

Augustus Lafayette Litchfield, 1864. 

Alvin Gardner Bartlett, 1864. 



* Besigned, and John Parker was elected to fill the vacancy, 
f Resigned, and William Morse was elected to till the vacancy. 



320 HISTOEICAL LIST OP MEMBERS. 



Ward 2. 

Abraham Gearfield Parlser, 1846, 47, 48. 

George Smith Griggs, 1846, 47, 48. 

EsdrasLord, 1846, 47, 48. 

Thatcher Sweat, 1849, 50, 51. 

"Uriah Tompkins Brownell, 1849, 50, 51. 

AVilliam Seaver, 1849, 50, 51. 

John Milton Hewes, 1852, 53, 54. 

Arial Ivers Cummings, 1852, 53. 

Joseph Houghton, 1852, 53, 64. 

AVilder Beal, 1852. 

Phineas Colburn, 1853, 54, 66, 57. 

Henry Basford, 1854. 

John Morrill Marston, 1855, 59, 60. 

Alvin Mason Eobbins, 1856, 67, 61, 62, 63, 64. 

William Hyde Palmer, 1855. 

Benjamin Simons Noyes, 1865. 

Timothy Bicker Nute, 1856. 

William Parker Fowle, 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, 64. 

Square Gage Brooks, 1862, 63. 

George Onion, 1862, 63, 64. 

William Bacon, Jr., 1864. 

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, 61, 52, 53. 

Joseph Crawshaw, 1851. 

True Russell, 1862, 61, 

John Wells Parker, 1852, 53. 

Calvin Barstow Faunae, 1852, 53. 

William Lewis Hall, 1853. 

Charles Bayley Bryant, 1854. 

Horace King, 1854. 

Obed Rand, 1854. 

Alden Graham, 1854. 

Robert Simpson, 1865. 

Robert Webb Molineux, 1855. 

AVilliam Ricker Huston, 1855. 

Joseph Henry Swain, 1855. 

John Wilder May, 1856, 57. 

John Emery Gowen, 1856. 

William Francis Dunning, 1856. 

Samuel Little, 1856, 57. 

Alfred Gowen Hall, 1857, 58, 59, 

John Bowdlear, 1857. 



HISTORICAL LIST OP MEMBERS. 321 



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 Faunce, 1860, 61. 
Patrick Robert Guiney, 1860. 
John McElroy, 1861, 62, 63. 
Gotlieb Frederick iJUrkhardt, 1862. 
Stephen Henry Williams, 1862. 
William Whitney, 1862. 
James Calvert Eagan, 1863, 64. 
Horace Homer White, 1863, 64. 
Joseph Moody Pike, 1864. 
Thomas Feely, 1864. 

Ward 4. 

Alvah Kittredge, 1846, 47, 48, 49, 50, 61. 

Joseph Nathaniel Brewer, 1846, 47, 48, 49, 50, 61, 52, 63. 

James Guild, 1846. 

Nathaniel Mayhew, 1847, 48, 49, 60. 

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 Tuxburv, 1854. 

John Roulstone Hall, 1854, 67, 58, 59, 

Samuel Atwood Shurtleff, 1855, 56, 57. 

William Ellison, 1855. 

Clark Ide Gorham, 1856. 

Ebenezcr Waters Bumstead, 1855, 66. 

Daniel Wingate Glidden, 1856. 

Alonzo Williams Folsom, 1856. 

William Graham, 1857, 58. 

James Augustus Tower, 1867, 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, 64. 

Edward Wise, 1861. 

George Putnam, Jr., 1862, 63, 64. 

Henrv Newton Farwell, 1863, 64. 

Francis W. Welch, 1863, 64. 

W^ARD 5. 

Linus Bacon Comins, 1846, 47, 48. 
Stephen Hammond, 1846, 48, 49. 
Samuel WY-ld, 1846, 47. 
Thomas Lord, 1847. 
Samuel Walker, 1848, 49, 51. 

41 



322 HISTORICAL LIST OF MEMBERS. 



Aaron Davis Williams, Jr., 1849, 50, 51. 

Hiram Hall, 1850. 

Kobert 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 Robbins, 1855. 

John Wesley Wolcott, 1855. 

James William Gushing, 1855, 56. 

Robert Cofield Nichols, 1856, 57, 68. 

John Thomas Ellis. 1856, 59. 

William King Lewis, 1856, 57. 

William Barton, 1857, 58. 

Ebenezer Waters Bumstead, 1858, 59, 60. 

Thomas Farmer, 1859. 

John Dove, 1859. 

Charles Davis Swain, 1860, 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, 64. 

Nathaniel Oliver Hart, 1863. 

William Curtis Harding, 1863. 

John Jay Merrill, 1864."" 

Christopher Tilden, Jr., 1864. 

Mitchell Leavitt, 1864. 

Ward 6.* 

George James, 1846, 1847. 
Joseph Richards Weld, 1846. 
Calvin Young, 1846. 
Franklin Fearing, 1847, 48. 
George Henry Williams, 1847. 
Atkins Augustus Clark, 1848, 49. 
Enoch Nute, 1848. 
John Flavel Jenkins Mayo, 1849, 50. 
Jonas Barnard, 1849, 50. 
Hosea Ballou Stiles, 1850, 61. 
William Henry Gray, 1851. 
John Richardson, 1851. 

Ward 7. 



John Dove, 1846, 47. 
Anson Dexter, 1846, 47. 
Theodore Dunn, 1846, 48, 50. 
James Eri Forbush, 1847. 
Stephen Merrill Allen, 1848, 49, 50. 



* Wards G, 7 and 8, with parts of Wards 4 and 5, were set off and incorporated, by Act of 
the Legislature, May 24, 1851, into the town of West Roxbury. 



HISTORICAL LIST OP MEMBERS. 323 



Ebenezer Whitten Stone, 1848, 49. 
Ephraim Washington Bouve, 1849. 
Jacob Phillips George, 1850, 51. 
John Carroll Pratt, 1851. 
William Davis Ticknor, 1851. 

Ward 8. 

Francis George Shaw, 1846. 

George Washington Mann, 1846. 

Ebenezer Dudley, 1846, 47. 

Chauncy Jordan, 1847, 48, 49, 50. 

George Brown, 1847, 48, 49, 50. 

Benjamin Guild, 1848. 

Charles Gideon Mackintosh, 1849, 50, 51. 

Cornelius Cowing, 1851. 

James W. Wason, 1851. 



INDEX. 



[A reference to an Ordinance is to the number of the Ordinance ; otherwise 
the reference is io page. 1 



ABSENTEES from school, Ord. 70. 

ACCEPTANCE of streets, Ord. 54. 

ACCOUNTABILITY of city officers, touching city expenditures, Ord. 6. 

ACCOUNTS, committee of, their duties, Ord. 6. 

names of, 261. 

committee of aldermen on, 264. 
AID of families of seamen in U. S. navy, 104, 122. 
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, 53. 

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 ways, 14. 

rules of, 243. 

names of, for current year, 259. 

standing committees of, 264. 
ALMSHOUSE, joint committee on, 262. 

superintendent and physician of, 266. 
AMENDMENTS TO CITY CHARTER, 24, 27. 

acceptance of, 26, 30. 



326 INDEX. 

ANATOMICAL SCIENCE, promotion of, 68. 
ANNEXATION of parts of Roxbury to Boston, 36, 45. 
APPOINTMENT of city officers, modes and times of, 284. 
APPROPRIATIONS of money for certain purposes, 97. 

illegal, by cities and towns, punishment of. 111. 
ASSESSORS, how elected, 11. 
powers and duties of, 14. ■ 
names of, for current year, 266. 
compensation, 11. 
ASSISTANT ASSESSORS, how elected, 13. 
duties of, 14. 

vacancies, how filled, 14, 24. 
names of, and compensation, 266. 
AWNINGS, not to obstruct sidewalk, Ord. 13, § 22. 
BARK, measurement and sale of, 15, Ord. 28. 

names of measurers of, 272. 
BILLIARD tables and bowling alleys, license for, 94. 
BLASTING OF ROCKS, Ord. 13, § 25, Ord. 74. 

penalty for violation of license, Ord. 74, § 1. 
BOUNDARY between Roxbury and Boston altered, 36, 45. 
BOUNDARIES of highways and other public places, 82, 
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. 26. 
joint committee on, 263. 
superintendent of, 269. 
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, 267. 
CERTIFICATES of elections, 7. 
CHEMICAL LABORATORIES, Ord. 7. 
CHIEF ENGINEER, see Fire Department. 
CHILDREN, employment of, 76. 
CITIES, powers and duties of, 52. 

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. 



INDEX. 327 

CITY COUNCIL, to consist of mayor, aldermen and common council, 3. 

how to be organized in absence of maj'or 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 lay out streets and estimate damages ; but with appeal allowed to 
county commissioners, 14. 

shall have powers of a board of health, 15, 56. 

may 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, Ord. 43. 

shall elect city physician, Ord. 48. 

may elect harbor-master, 43, Ord. 58. 

rules of, 253. 

members of, for the current year, 259, 260. 
CITY DEBT, Ords. 50, 68. 

how created, 258. 

affirmative vote of two-thirds of city council necessary, 258. 

amount of, present, and in past years, 292. 
CITY MARSHAL, and his assistants, election, powers and duties, Ords. 

45, 55. 
names of, and compensation, 270. 
CITY MESSENGER, how appointed, his duties, Ord. 5. 

name and salary, 265. 
CITY OFFICERS, modes and times of their appointment, 284. 
CITY OF ROXBURY', first organization of its government, 19. 

division into wards, 4, 27. 

present government of, 259, 260. 
CITY PHYSICIAN, how appointed, his duties, Ord. 48. 

name and salary, the current year, 266. 
CITY SEAL, device of. Ord. 18. 

to be affixed to certain legal instruments, Ord. 20. 
CITY SOLICITOR, election, duties, and compensation, Ord. 43. 

name of, for current year, 263. 
CLAIMS, joint committee on, 262. 
CLERK OF CITY, shall be clerk to board of aldermen, 13. 

how elected, 11. 

his oath of office, 13. 



328 INDEX. 

CLERK OF CITY, 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, for current year, 265. 
CLERK OF COMMON COUNCIL, election of, 9. 

name and salary, for current year, 265. 
CLERKS OF ENGINE COMPANIES, see Fike Djepaktment. 
CLERKS OF ENGINEERS, see Fike 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. 

names of, for current year, 277. 
COAL, sale and measurement of, 15. 

•\veigher of, name, 272. 
COLLECTOR OF TAXES, how elected, 11. 

duties of, 47, 48, Ord. 8. 

name of, the current year, 266. 
COMMISSIONER OF STREETS, how appointed, Ord. 40. 

duties of, Ords. 40, 65. 

name of, for current year, 265, 
COMMISSIONERS OF FOREST HILLS CEMETERY, how appointed, 31, 

powers and duties of, 32, 33, 38. 

names of, for current year, 267. 
COMMITTEE OF ACCOUNTS, their duties, Ord. 6. 
COMMITTEES, STANDING, of city council, 261, 262, 263, 264. 

of aldermen, 264. 

of common council, 264. 
COMMON COUNCIL, with aldermen, 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, 53. 

sittings to be public, 12. 

rules of, 245. 

names of present members, 260. 

standing committees of, 264. 
COMMON SEWERS, see Drains (Main) and Common Sewers. 
CONSTABLES, appointed by mayor and aldermen, 11. 

their bonds, 11. 

names of, for curreni year, 271. 



INDEX. 329 

CONVENTION of aldermen and common council, 8, U. 
CORONERS, names of, for current year, 271. 

COUNTY COMMISSIONERS, appeals allowed to, for damages, from the 
decision 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. 

DEALERS IN JUNK, old metals, and second-hand articles, 106. 
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. 
DOCK at Roxbury Point, city authorized to fill up, 46. 
Dogs, act concerning, 123. 

not to go at large, unless licensed, Ord. 63. 

troublesome or mischievous, to be removed or destroyed, Ord. 63. 
DRAFTED MEN, aid of families of, 115. 
DRAINS, may be built by order of city council, 15. 
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 

aldermen, § 4. 
mayor and aldermen to cause owners of land, or their agents, to make 

sufficient 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. 
EDGE-STONES, 45, 80. 
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. 
42 



330 INDEX. 

ELECTIONS, of city treasurer and collector, city clerk, assessors, and other 
subordinate officers, 11, 284, Ord. 3. 

of engineers, 11, 284, Ord. 34, § 2, 

of foremen of fire engine 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, 
284, Ord. 3. 

of city messenger, 284, Ord. 5. 

instructions for ward officers concerning elections, 280, 283. 
ELECTIONS IN CITIES, 112. 
ELECTORS, qualification of, 49. 
ENACTING STYLE of City Ordinances, Ord. 19. 
ENGINEERS, see Fire Department. 

ENGINE HOUSES, unauthorized persons not to enter, Ord. 56. 
ENGINEMEN, see Fire Department. 
ENGINE, STEAM FIRE, see Fire Department. 
ENROLMENT, committee of aldermen on, 264. 

committee of common council on, 264. 
EXPENDITURES for schools authorized, Ord, 22. 

for schools incurred in past years, 293. 

for support of poor in past years, 295, 

for support of fire department in past years, 294. 

for repairs of highways in past years, 292. 

for police and watch in past years, 293. 

for common sewers in past years, 291, 

for lighting the city in past years, 294. 
FEES of undertakers, Ord, 27 ; of hackmen, Ord, 69, § 15. i 

FENCE VIEWERS, Ord, 3 ; names of, 272, 
FIELD DRIVERS, Ord, 3; names of, 272, 
FINANCE, joint committee on, names of, 261. 
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, 294. 

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, 



INDEX. 



331 



FIRE DEPARTMENT— 

committee on, to expend certain appropriations, Ord. 34, § 6. 
to direct as to repairs, Ord. 3-1, § 6. 

may call for rolls and records from foremen, Ord. 34, § 14. 
names of, for current year, 267. 
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, for current year, 267. 
See Engineers. 
clerks of fire companies, see Officees of Eire 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. 
to 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, 
may suspend a member from duty, Ord, 51. 
powers in relation to gunpowder, 35, 
have the authority of fire wards, 41. 
names, &c,, for current year, 267, 
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 Officeiis 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 the 
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. 



332 INDEX. 

FIRE DEPARTMENT— 

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, 268. 
names of members of committee on fire department, 262. 
of chief and assistant engineers, 267. 
of foremen of companies, 268. 
of engines, 268. 
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, 268. 
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. 
secretary of board of engineers, Ord. 34, § 3. 

compensation, 267. 
steward, engineers to appoint, and his duty, Ord. 34, § 17. 

compensation, 268. 
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 
governed by the regulations of the fire department, § 5. 
names of officers and their compensation, 268. 
FOREST HILLS, see Ce*ietery, Public. 
FtTEL, joint committee on, 262. 
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, 259, 260. 
historical catalogue of, 298-323. 
GRADE OF STREETS, Ord. 54. 



INDEX. 333 

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. 
rules respecting, 238. 
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, 44. 

penalty for obstructing him in his duties, 44. 
duties of, Ord 58, 
name and salary of, 267. 
HAY, weighers of, Ord. 3, name, 272. 
HEALTH, BOARD OF, statute concerning, 57. 
powers of, vested in city council, 14, 57. 
public, preservation of, 57. 

shall make regulations respecting nuisances, &c., 58. 
mayor and aldermen shall perform the duties of, 57. 

may prohibit keeping of swine and goats, Ord. 73. 
concerning removal of nuisances or causes of sickness, 56, Ord. 73, 

chemical laboratories and lead manufactories, Ord. 7. 

offensive trades, 66. 

vaccination, 64, 76. 

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, Ord. 73. 
city marshal, or other person authorized by mayor, may examine build- 
ing, for the purpose of investigating or removing nuisances, Ord. 73. 
consulting physicians may be appointed, Ord. 73. 
present officers of the health department, 269. 



334 ■ INDEX. 

HIGHWAYS, see Streets. 

present surveyors of, 265. 

repairs of, 292. 
HO SEMEN, see Fire Department. 

HOUSE OFFAL AND NIGHT SOIL, removal of, Ord. 60. 
HOUSES, numbering of, Ord. 25. 

INNHOLDERS, mayor and aldermen may license, 11. 
INSPECTORS OF ELECTIONS, election, duties, and term of office, 5, 7. 

names of, for current year, 277. 
INSTRUCTION, PUBLIC, joint committee on, 261. 
INSTRUCTIONS for ward officers, 280-283. 
INTELLIGENCE OFFICES, 86. 
JUNK DEALERS, regulations concerning, Ord. 71. 

no person to be such without license, § 1. 

dealer to record circumstantially every purchase, — books subject to in- 
spection, § 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. 

licenses for sale of junk, old metal, &c., 87. 
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, 263. 

expenditures for, in past years, 294. 
LEAD, white and red, manufacture of, Ord. 7. 
LIBRARIES, town and city, 73. 
LICENSES, for dogs, 123, Ord. 63. 

for billiard tables and bowling alleys, 94. 

for theatrical exhibitions, shows, &c., 95. 

for sale of gunpowder, 34. 

for intelligence offices, 86. 

for sale of junk, &c., 87. 

for stables, 88. 

for steam engines, furnaces, and boilers, 88. 

for rockets, gunpowder, &c., 92. 

to innholders, &c., mayor and aldermen may grant, 11. 

to city criers, Ord. 37. 

to pawnbrokers, 87. 

and municipal regulations of police, 86. 

committee of aldermen on, 264. 
LICENSED HOUSES, mayor and aldermen may license innholders, &c., 11. 
LIST OF JURORS, to be prepared, 25. 



INDEX. 335 

LIST OF VOTERS, to be prepared, 18, 50. 

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. 

vv-hen appointed, — shall give bonds, — authority and duties of, Ords. 45, 
55. 

name and compensation, 270. 

assistants, 270, 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, 259. 

may be commissioners of highways, 10. 

has power of nomination in appointments, subject to confirmation by 
aldermen, 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, 259. 
MAYOR AND ALDERMEN, with common council, to have the govern- 
ment of the city, 3. 

mode of election, 6. 

shall issue warrants for public meetings for municipal purposes, 6. 

executive power and administration of police vested in them, 10. 

may appoint and remove police officers, 11, 52. 

may require bonds of constables, 11. 

may license innholders, victuallers, and retailers, 11. 

sittings of, to be public, except, &c., 12. 

shall prepare list of voters previous to elections, 18, 50. 

shall prepare list of jurors, 25. 

shall warn public meetings on requisition of fifty voters, 19. 

to receive evidence of qualifications of voters, 50, 51. 

their powers and duties, touching fire department, see Fire Department. 

have the powers and duties of selectmen, 52. 

may hold other offices, except those of emolument, 54. 

may make regulations for carriages, 54. 

may grant licenses for sale of gunpowder, and make rules for its storage 
and transportation, 34. 

may construct sidewalks, the abuttors to pay for the materials, 45. 

shall appoint and may remove city marshal, Ord. 45. 

shall appoint watchmen, 56, Ords. 11, 31. 



336 INDEX. 

MAYOR AND ALDERMEN— shall appoint undertakers, Ord. V2. 
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 present aldermen, 259. 
names of the standing committees, 264. 
MAYOR AND ALDERMEN OF BOSTON, their duties in relation to ter- 
ritory set off from Roxbury to Boston, 37. 
MEASURERS OF WOOD AND BARK, Ord. 3 ; names of, 272. 
MEASURES AND WEIGHTS, sealer of, Ord. 3 ; name of, 272. 
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, 265. 
MILITARY AFFAIRS, joint committee on, 263. 
MONEYS, PUBLIC, see Treasury. 

city council may require bonds of persons receiving, keeping, or dis- 
bursing, 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 board 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 

vacated, § 4. 
every tenement to be furnished by the owner with suiRcient drains and 

vaults, — penalty, § 5. 
owners of tenements having insufficient drains or vaults to be notified to 
construct, &c., — in default, mayor and aldermen to supply at ex- 
pense of owner, &c., § 6. 
obstructed or offensive vaults or drains to be cleared or repaired by 
owner or occupant, — in default, city marshal to repair, &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 al- 
dermen 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 10, § 11. 



INDEX. 337 

NUISANCES— 

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. 

contagion, &c., 58. 
NUMBERS to be affixed to dwelling-houses, &c., Ord. 25. 
OBSTRUCTION OF WAYS, Ords. 13, 57. 
OFFAL, removal of, Ord. 60. 
OFFENSIVE TRADES, 66. 
OFFICERS OF CITY, names of present, 259-272. 

names of former, 298-323. 

subordinate, elected by city council, 11. 

modes and times of their appointment, 284. 
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 ez-officio one of this board, 13. 

powers and duties, 13. 

vacancies, how to be filled, 14. 

names of the present board, 266. 
PARKS AND SQUARES, joint committee on, 264. 
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 articles 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. 

license for, 87. 
PENALTIES AND FINES, how to be recovered, 15, 16, 44. 

for giving false name or false answer, 51. 

power of city council to impose, 21, 54. 
PHYSICIAN, CITY, election and duties of, Ord. 48. 

name and salary of, 269. 

consulting, appointment of, Ord. 14, § 2. 

names of, for current year, 269. 
POLICE COURT, name of justice of, and his salary, 270, 

special justices, their names, 270. 

name and salary of clerk, 270. 
43 



338 INDEX. 

POLICE DEPARTMENT, administration of, in mayor and aldermen, 11. 

police officers appointed and removed by mayor and aldermen, 11. 

names of present members of, 270, 271. 

payments for support of, in past years, 293. 
POLLS, number of, in past years, 291. 
POOR, overseers of, 266 ; see Overseers of Poor. 

payments for support of, in past years, 295. 
joint committee on, 262. 
POPULATION OF ROXBURY, at different times, 295. 
POUND KEEPER, Ord. 3 ; name of, 272. 
PRESIDENT of common council, 9, 260. 
PRINTING, joint committee on, 263. 
PUBLIC CEMETERY, 31, 32, 33, 38, 39, 41. 
PUBLIC INSTRUCTION, joint committee on, 261. 
PUBLIC PROPERTY, joint committee on, 261. 

their duties, Ord. 22. 
QUALIFICATIONS OF ELECTORS, 49. 
QUORUM, a majority shall constitute a, 4. 
RECORD OF STREETS, Ord. 17. 

RECORDS, preservation, transcription, and use of, 69-73. 
RECRUITING, see Enlistments. 

towns and cities authorized to raise money for, 119, 121. 
REMOVAL OF BUILDINGS, regulations for, Ord. 52. 
REPRESENTATIVES, number how determined, 17. 

mode of election, 17. 
ROADS, see Streets or Ways. 
ROCKETS, SQUIBS, &c., Ord. 13, § 17. 
ROCKS, blasting of, Ord. 13, § 25. 

gunpowder, and other explosive substances, license for, 92. 
ROXBURY, see City of Roxbury. 

canal, not to be obstructed, 42. 

creek, bridge over, 40. 
RULES AND ORDERS, of board of aldermen, 243. 

of common council, 245. 

of city council, 253. 
RULES respecting storage, safe-keeping and transportation of gunpowder, 

238. 
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, 273. 



INDEX. 339 

SCHOOLS, shall be under superintendence of school committee, 13 . 

attendance of children at, 74. 

truant children and absentees, 107. 

religious services in, 100, 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, 273-276. 

expenditures for, in past years, 293. 
SEALERS, of leather, Ord. 3 ; names of, 272. 

of -weights and measures, Ord. 3 ; names of, 272. 
SEAL OF CITY, Ord. 18. 

to be affixed to certain legal instruments, Ord. 20. 
SEWERS, COMMON, may be constructed by order of city council, 15. 

and drains, 85. 

superintendent of, name of, 265. 

joint committee on, names of, 261. 

and squares, amount paid for, 291. 

see Drains (Main) and Common Sewers. 
SHEEP and other domestic animals, protection of, 123. 
SIDEWALKS, acts concerning, 45, 80. 

snow and ice to be removed from, Ord. 64. 

not to be obstructed by groups of persons, Ord. 57. 
SNOW AND ICE on the roofs of buildings, 110. 

to be removed from sidewalks, Ord. 64. 
SOLICITOR, CITY, see City Solicitor. 
SQUARES, amount paid for grading, &c., 291. 
STABLES, license for, 88. 
STATE OFFICERS, how to be voted for, 17. 
STATIONARY' ENGINES, 103. 
STATUTES, GENERAL, 49-128. 
STATUTES, SPECIAL, 31-47. 

STEAM-ENGINES, furnaces and boilers, license for, 88. 
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. 



340 INDEX. 

STREETS— 

streets and sidewalks not to be encumbered with fuel, ib. §^ 10, 11. 

buildings not to be moved through streets Avithout 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 fruit, &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. 

lamp-posts, trees, fences, &c., not to be injured, ib. § 20. 

posts not to be erected in any street, &c., except, &e., 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, Avithout ascertaining bounds, ib. § 24, 

blasting of rocks, &c., forbidden, without license, ib. § 25. 

riding upon back of vehicles forbidden, ib. § 26, 

gates not to swing into street, Ord. 23. 

surveyors of highways, how elected, Ord. 3. 
names of, 265. 

commissioner of streets, appointment and duties, Ords. 40, 65. 
his name and salary, 265. 

joint committee on, their names, 262. 

expenditures for repairs of streets, in past years, 292. 
SUPERINTENDENT of almshouse, name and salary, 266, 

of sewers, name and salary, 265, 

of burial grounds, name, 269, 
SURVEYORS OF HIGHWAYS, election of, Ord. 3. 

- names of, 265. 
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, 285-290, 
THEATRICAL EXHIBITIONS, public shows, masked balls, &c., license 

for, 95. 
TOMBS AND GRAVES, Ords. 12, 26, 29. 
TREASURER AND COLLECTOR, election of, 11. 

compensation fixed by city council, 11. 

shall collect and reeceive 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, 266, 
TREASURY, no money to be paid from, but on order of the mayor, Ord, 6. 

department, names of treasurer, assessors, &c., 266. 
TRUANT CHILDREN, statute concerning, 107. 

may be fined or committed to almshouse, Ord. 70. 



INDEX. 341 

"UNDERTAKERS, appointed by mayor and aldermen, Ord. 12. 

duties of, Ord, 12. 

fees of, Ord. 27. 

names of, 269. 
VACANCIES, in overseers of poor, school committee, and assistant asses- 
sors, how to be filled, 14. 
VACCINATION, statutes concerning, 64, 76. 
VALUATION OF ESTATES, total, in past years, 285-291. 
VAULTS, regulations concerning, Ords. 60, 73. 
VESSELS are not to obstruct Roxbury canal, 42. 
VICTUALLERS, mayor and aldermen may license, 11. 
VOLUNTEERS, statutes in aid of their families, 98, 101, 105, 108, 118. 
VOTERS, qualifications of, 49. 

lists of, to be prepared, 18, 60. 

see Elections. 
WARDEN, 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. 
WARD MEETINGS, how conducted, 5. 

may be adjourned, and when, 7. 

issue of warrants for, 6. 

form of warrants for, Ord. 2. 
WARD OFFICERS, their duties, 53. 

instructions for, 280-283. 
WARD ROOMS, where, 279. 
WARDS, division of the city into, 4, 27. 

boundaries of, 278. 

may be altered, if necessary, once in five years, 4, 27. 

names of present officers, 277. 
WARRANTS, for public meeting, 6, 

form of; service and return of, Ord. 2. 
WATCH AND WARD, 55. 
WATCHMEN, how appointed, 55, Ords. 11, 31. 

duties and powers of, 55. " 

compensation fixed by mayor and aldermen, 11. 

persons liable to watch and ward, 57. 

persons exempt, 57. 

names and pay of watchmen, 270, 271. 
WATERING STREETS, joint committee on, 264. 
WAYS, city council may lay out, &c., 14. 

dedication of, 78. 

see Streets. 
WEIGHERS OF HAY, Ord. 3. 

names of, 272. 
WEIGHTS AND MEASURES, sealing of, 116. 
WOOD AND BARK, sale and measurement of, 15, Ords. 3, 28. 

measurers of, 272. 



342 



INDEX. 



INDEX TO RULES AND ORDERS. 

[The figures refer to the page.] 



BOARD OF ALDERMEN. 
Committees appointed or elected, 244. 

standing committees, 244. 
Order of business, 243. 
Ordinances, their several stages, 243. 

rejection, 244. 
Suspension of rules, 244. 

COMMON COUNCIL. 
Committees, appointed or elected, 247. 
standing, 250. 
standing shall keep records of their 

proceedings, 252. 
organization of committees, 250. 
special committees to consist of three 
members, unless otherwise ordered 
251. 
committees to report within four weeks, 
or ask further time, 252. 
committee of the whole, 250. 
Communications, reception of, 250. 
Division of question may be called for, 249. 
Elections by ballot, 252. 
Members, rights and duties of, 248, 249, 2.50. 
shall observe decorum, 248. 
shall speak not more than twice to same 

question, until, &c., 248. 
shall speak but once on previous ques- 
tion, 248. 
shall vote, unless specially excused, 249 
not obliged to act on more than three 
standing committees, 250. 
Motions, order of, 246. 

shall be reduced to writing, if desired, 
249. 
Orders, passage of, 251. 
Ordinances, passage of, 251. 
President, rights and duties of, 245, 246, 247. 
proceedings in absence of, 245. 



Previous question, 247. 

Questions of different kinds, which to have 

precedence, 246. 
Reconsideration of vote, 249. 
Kesolutions, passage of, 251. 
Seats of members, how determined, 251. 

not to be changed, unless, &c., 251. 
Suspension of rules, 244. 
Votes, declaration of, 245. 

Yeas and nays, shall be called on demand of 
one-third of the members present, 246. 



CITY COUNCIL. 

Committees, joint standing, 253. 

' members of, to be chosen by 

their respective boards, 253. 
chairman of, 255. 
if chairmen neglect to call a 
meeting, what shall be done, 
255. 
shall report within four 
weeks, or ask further time, 
258. 
committees of conferrence, 255. 

proceedings in case of non- 
concurrence, 255. 
Debt, created by what vote, 258. 
Orders and resolutions, passage of in either 

board, 257. 
Ordinances, enacting style of, 2.56. 
titles of, to be prefixed, 257. 
proceedings in their passage, 257. 
Reports of committees to be made to the board 

where the business originated, 256. 
Votes, form of, "ordeked," or "resolved," 
256. 
no reconsideration of, unless, Sec, 258. 



BOSTON PUBLIC LIBRARY 

Illilllllllllllli 

3 9999 06660 794 4 



PUBLIC LIBRARY 

OF TUB 

CITY OF BOSTON. 



ABBREVIATED REGULATIONS. 

One volume can be taken at a time from the 
Lower IlalL and one from the Bates Ilall. 
Books can be kept out 11 clays. 

A tine of 2 cents for each volume vv'ill be 
incurred for each day a book is detained more 
than 11 clays. 

Any book detained more than a week be- 
j'ond the time limited, will be sent for at the 
expense of the delinquent. 

No book is to be lent out of the household 
of the borrower. 

The Library hours for the delivery and re- 
turn of books are from 10 o'clock, A. M., to 
8 o'clock, P. M., in the Lower Hall ; and from 
10 o'clock, A. JI., until one half hour before 
sunset in the Bates Hall. 

Every book must, under penalty of one dol- 
lar, be returned to the Libi'ary at such time 
in August as shall be publicly announced. 

The card must be presented Avhenover a 
book is returned. For renewing a book the 
card must be presented, together Avith the 
book, or with the shelf-numbers of the book.