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THE
MUNICIPAL REGISTER,
CONTAINING THE
CITY OHAETER, LAWS AND OEDIMNOES,
AND RULES OF ORDER
OF THE
CITY COUNCIL,
AND A
FOR THE YEAR
1866.
ROXBUR Y:
GEORGE H. MONROE, PRINTER, GUILD ROW.
1866 .
itu of |l0^bMrs.
In Boakd op Aldeemen, May 28, 1866.
Okdeked, That the Committee on Printing be and they are
hereby authorized to print three hundred copies of the Municipal
Register of the present year, the expense thereof to be taken from
the contingent fund.
Sent down for concurrence.
JOSEPH W. TUCKER, City Clerk.
In Common Council, May 28, 1866.
Concurred.
FRANKLIN WILLIAMS, Clerk.
CITY CHARTER.
COMMONWEALTH OF MASSACHUSETTS
In the Year One Thonsnud Dight Hundred nnd Forty-Six*
An Act to Establish the City of Koxbury.
Be it enacted by 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«o^huryto
be a cily.
Koxbury shall continue to be a body politic and
corporate, under the name of the City of Kox-
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, Adminisira-
lion lo be
prudential and municipal affairs of said City,^^^^,'"
with the government thereof, shall be vested in^jitic.mmon
one principal officer, to be styled the mayor ;
4 CITY CHARTER.
one council of eight,* to be called the board of
aldermen ; and one council of twenty -four,f to
be called the common council ; which boards,
in their joint capacity, shall be denominated the
city council, and the members thereof shall be
sworn to the faithful performance of the duties
of their respective ojQ&ces. A majority of each
board shall constitute a quorum, for doing busi-
To serve ^noss, aud no member of either board shall re-
^^lthout pay '
ceive any compensation for his services.
pdlvldlThe Sect. 3. It shall be the duty of the select-
wards men of the town of Roxbury, as soon as may be
after the passage of this act, and its acceptance
by the inhabitants, as hereinafter provided, to
divide said town into eight wards, J 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 consti-
tuting the second parish one ward ; second, by
drawing a line in the same manner between the
first and third parishes, and dividing the third
parish into two wards, to contain, as nearly as
may be convenient, an equal number of inhabi-
tants ; and, third, by dividing the first parish
into five wards, as nearly equal in number of in-
habitants as may be consistent with convenience
in other respects.
Jveryhvi'"'^ Aud It shall be the duty of the city council,
cowlciu * once in five years, to revise, and, if it be needful,
to alter said wards in such manner as to preserve,
* One Alderman from each Ward and three at large. Amdt. of
1852, sec. 3.
t Council of twenty. Ibid.
I Five Wards. Amdt. of 1852, sec. 1.
CITY C H ARTER. O
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 constitute
at least two wards, without any addition of
territory to either.
Sect. 4. On the second Monday in March,* ffi'^^^es
annually, there shall be chosen by ballot, in eachai'dcieik,
of said wards, a warden, clerk, and three uons?^^'^°
inspectors of elections, residents of wards in
which they are chosen, who shall hold their
office for one year,f and until others shall have
been chosen in their places, and qualified to act.
It shall be the duty of such warden to preside at
all ward meetings, with the power of moderators
of town meetings. And if at any meeting the
warden should not be present, the clerk of such
ward shall call the meeting to order, and preside
until a warden pro tempore shall be chosen by
ballot. And if at any meeting the clerk shall
not be present, a clerk pro tempore shall be
chosen by ballot. The clerk shall record all the
proceedings and certify the votes given, and
deliver over to his successor in office all such
records and journals, together with all other
documents and papers held by him in said
capacity. And it shall be the duty of the inspec-
tors of elections to assist the warden in receiving?
assorting and counting the votes. And the war-
den, clerk and inspectors so chosen, shall respec-
tively make oath or affirmation, faithfully and
* Second Monday of December. Amdt. 1850, sec. 1.
t And until others are chosen. Amdt. 1850, sec. 7.
b C IT Y C H ARTER.
impartially to discharge their several duties, rela-
tive to all elections, which oath may be adminis-
tered by the clerk of such ward, to the warden,
and by the warden to the clerk and inspectors, or
by any justice of the peace for the county of
Norfolk,
fl^-^wal-d All warrants for meetings of the citizens for
meciings. muuicipal purposes, to be held either in wards
or in general meeting, shall be issued by the
mayor and aldermen, and shall be in such form,
and shall be served, executed and returned in
such manner, and at such times, as the city
council may by any by-law direct.
?f MavM Sect. 5. The mayor and eight aldermen, one
Council! 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
of&cers 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.
a^twa'd"^' 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
« One from each Ward and three at large. Amdt. of 1852, sec. 3.
t Tour from each Ward. Ibid,
J First Monday of January. Amdt. of 1850, sec. 1.
§ Second Monday in December. Ibid.
II So much as relates to Warden, &c., repealed by Amdt. of 1850,
Bee. 2.
meetings.
CITY CHARTER. 7
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,
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 S-e'SoS.
after such election, shall deliver to the persons
elected members of the common council certifi-
cates of their election, signed by the warden and
clerk, and by a majority of the inspectors of elec-
tions, and shall deliver to the city clerk a copy
of the records of such election, certified in like
manner ; provided, however, that if the choice
of common councilmen cannot be conveniently
effected on that day, the meeting may be ad-
journed 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
issue their warrants for a new election, and the
same proceedings shall be had as are hereinbefore
provided, for the choice of mayor, and repeated
from time to time, until a mayor is chosen.
* Other vacancies filled in like manner. Amdt. of 1850, sec. 3.
5 ^ CITY CHARTER.
va"elno?\^a Ih crsg of tliG decGasG, resignation or absence
the office of ,..,.,. „ it-
Mayor of the Hiayor, or his mabinty to perform the duties
of his office, it shall be the duty of the board of
aldermen and the common council, in convention,
to elect a mayor for the time being, to serve until
another is chosen, or until the occasion causing
the vacancy is removed.
jmd^Aider- j^^^ •£ ^^ gj^^^ appear that the whole number
* of aldermen have not been elected, the same
proceedings shall be had as are hereinbefore
provided for the choice of mayor. Each alder-
man shall be notified, in writing, of his election,
by the mayor and aldermen for the time being.
Ma^yor'8 rj^j^^ ^^^-^ prcscrlbed 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
in the forenoon, meet in convention, when the oath
required by this act shall be administered to the
members of the two boards present, by the mayor
or by any justice of the peace for the county of
Norfolk, and a certificate of such oath having been
taken, shall be entered on a journal of the mayor
and aldermen, and of the common council, by
their respective clerks.
convenuon ■^^^ wheucver it shall appear that no mayor
MayoMs has bccu elected previously to the said first Mon-
chosen. ■»■ •'
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
♦ rirst Monday of January. Amdt. of 1850, sec. 1.
CITY C H ARTER. 9
at the opening of the convention to be held as
aforesaid.
After the oath has been administered as afore- uoTorfhe
Common
said, the two boards shall separate; and the '^'"^"'=*'-
common council shall be organized by the choice
of a president and a clerk, to hold their office
during the pleasure of the common council, and
to be sworn to the faithful performance of their
duties.
In case of the absence of the mayor elect, onf?^^'^^^^;;^^
the first Monday of April,* the city governmentmeeiiug.
shall organize itself in the manner hereinbefore
provided, and may proceed to business in the
same manner as if the mayor were present, and
the oath of office may be administered to the
mayor at any time thereafter in a convention of
the two branches.
In the absence of the mayor, the board ofviayor
pro tern.
aldermen may choose a chairman pro tempore, who
shall preside at joint meetings of the two boards.
Each board shall keep a record of its own pro- Each Board
ceedings, and judge of the election of its ownmh^own
, , . , members,
members ; and in failure of election, or in cases*^''-
of vacancy, may order new elections. And in
case of any such vacancy declared by either
board, the mayor and aldermen shall order a new
election.
Sect. 7. The mayor thus chosen and quali- Jl^'^'j^*^^
fied, shall be the chief executive officer of said
city.f It shall be his duty to be vigilant in
* First Monday of January. Amdt. of 1850, sec. 1.
fTo hold office until another is chosen. Amdt. of 1850, sect. 7,
and amdt. of 1852, sec. 3.
2
10 CITY CHARTER.
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,
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- Thc Salary of the mayor for the first year in
which this charter shall take effect shall be six
hundred dollars, and no more ; his salary shall
afterwards be fixed by the city council, but
neither increased nor diminished during the year
for which he is chosen ; and he shall have no
Mav be
comm'i^- other compensation : provided^ however, that the
Highways, clty couucll sliall have power to appoint the
mayor commissioner of highways, when, in their
opinion, such an office is necessary, and allow
him a suitable compensation therefor.
power\'irthe Sect. 8. Thc exccutivo power of said city
Aidemeii. generally, and the administration of the police,
with all the powers heretofore vested in the select-
men of Roxbury, shall be vested in the mayor
and aldermen, as fully as if the same were herein
specially enumerated.
CITY CHARTER. 11
*And the mayor and aldermen shall have MlP^|fg«„
and exclusive power to appoint a constable and
assistants, or a city marshal and assistants, with
the powers and duties of constables, and all other
police officers ; and the same to remove at
pleasure.
And the mayor and aldermen may require any S'^",;'!**'''^*'
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 thei^'<=°'"*
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 T';,|"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 bepuuucf
public, and all sittings of the mayor and alder-
* Further powers. Act of 1851, ch. 162.
12 CITY CHARTER.
men shall also be public, when they are not
engaged in executive business.
The city council shall take care that no moneys
be paid from the treasury, unless granted or
appropriated ; shall secure a just and proper
accountability, by requiring bonds, with sufficient
penalties and sureties, from all persons trusted
with the receipt, custody or disbursement of
money ; shall have the care and superintendence
of the city buildings, with power to let or to sell
what may be legally sold ; and to purchase 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.
M^te. Sect. 9. In all cases in which appointments
are directed to be made by the mayor and alder-
men, the mayor shall have the exclusive power
of nomination ; such nomination, however, being
subject to be confirmed or rejected by the board
cnycomidi of aldermen : provided, however, that no person
not eligible _ -^ -^
Imohimem. shall bc eligible to any office of emolument, the
salary of which is payable out of the city
treasury, who, at the time of such appointment,
shall be a member of the board of aldermen or of
the common council.
cuyclerk Sect. 10. Tho clty clerk shall also be clerk
of the board of aldermen, and shall be sworn to
the faithful performance of his duties. He shall
CITY CHARTER. 13
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
qualified in his place ; but may be at any time
removed by the city council.
Sect. 11. The qualified voters of each ward,o^;^^^«^^^^^o^
at their respective annual ward meetings for the
choice of officers, shall elect by ballot one person
in each ward to be an overseer of the poor, who
shall be a resident of said ward ; and the persons
thus chosen, together with the mayor, shall con-
stitute the board of overseers of the poor, and
shall have all the power, 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 school
^ Commilteo
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 timeA^|«'^am^
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
* Vacancies, how filled. Act of 1857, ch. 266.
14 CITY CHARTER.
property taxable in their respective wards, and
they shall be sworn to the faithful performance of
their duty.
Assessors. The persons to be chosen by the city council as
assessors shall constitute the board of assessors,
and shall exercise the powers and be subject to
the duties and liabilities of assessors in towns.
mTmake ^^^ taxcs shall bc assessed, apportioned and
vision'^^air collected in the manner prescribed by law relative
colleouou -■- •'
of laxes. j.^ town taxes : provided, however, that it shall be
lawful for the city council to establish further and
additional provision for the collection thereof.
howfiita.' Should there fail to be a choice of overseers of
the poor, members of the school committee, or
assistant assessors in any ward, the vacancy or
vacancies shall be filled by the city council in
convention, in the same manner that is provided
for filling vacancies in the senate of this Com-
monwealth.
Highways. Sect. 12. Tho city 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.
Appeal to And any person dissatisfied with the decision of
County '' ^
the city council in the estimate of damages, may
make complaint to the county commissioners of
the county of Norfolk, at any meeting held within
one year after such decision ; whereupon the
same proceedings shall be had as are now pro-
Cominis
Eioiiei
CITY CHARTER. 15
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.
Sect. 13. All power and authority now by^^*^"^-
law vested in the board of health for the town of
Roxbury, or in the selectmen of said town, shall
be transferred to and invested in the city council,
to be carried into execution in such manner as
the city council shall deem expedient.
Sect. 14. The city council shall have author- Common
ity to cause drains and common sewers to be laid
down through any street or private lands, payings
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 Jfj^^^i^*;",,
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, ^;;;;^^^-
accruing for the breach of any by-laws of the city ojiTLaws,
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 recov-
ered 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 prosecuted,
16 CITY CHARTER.
, the right of appeal to the court of common pleas,
then next to be held in the county of Norfolk,
from the judgment and sentence of any justice of
the peace.
And the appeal shall be allowed on the same
terms, and the proceedings be conducted therein
in the same manner, as provided in the one hun-
dred and thirty-eighth chapter of the Kevised
Statutes of this Commonwealth.
And it shall be sufficient in all such prosecu-
tions to set forth in the complaint the offence
fully, plainly, substantially, and formally, and it
shall not be necessary to set forth such by-law,
ordinance, or order, or any part thereof.
All fines, forfeitures and penalties so recovered
and paid, shall be paid to the treasurer of the city
of Koxbury, 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 mean time 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
CITY CHARTER. 17
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
continue in force after this act shall go into
operation.
Sect. 16. It shall be the duty of the city^X^^"'^-
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. 17. All elections for County, State, ^.T.S?
and United States officers, who are voted for byfJ^^y/i'^'o*"
the people, shall be held at meetings of the citi-fvciemi"
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
18 CITY CHARTER.
said returns, and make out a certijficate of the
result of such elections, to be signed hy the mayor
and a majority of the aldermen, and also by the
city clerk, which shall be transmitted or delivered
in the same manner as similar returns are by law
directed to be made by selectmen of towns. And
in all elections for representatives to the General
Court, in case the whole number proposed to be
elected shall not be chosen by a majority of the
votes legally returned, the mayor and aldermen
shall forthwith issue their warrant for a new
election, conformably to the provisions of the
Constitution, and the laws of the Common-
wealth
List of Sect. 18. Prior to every election the mayor
voters. •' ^
and aldermen shall make out lists of all the citi-
zens of each ward qualified to vote in such elec-
tions, in the manner in which selectmen of towns
are required to make out lists of voters ; and
for that purpose they shall have full access to the
assessors' books and lists, and be entitled to the
assistance of all assessors, assistant assessors, and
the city officers, and they shall deliver said lists,
so prepared and corrected, to the clerks of said
wards, to be used at such elections ; and no person
shall be entitled to vote whose name is not borne
on such list.
1?ecSs! Sect. 19. General meetings of the citizens
qualified to vote may, from time to time, beheld,
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
I City GoT-
ernmeiit.
CITY CHARTER. 19
the Constitution of tliis Commonwealth. And
such meetings may and shall be duly warned,
hy the mayor and aldermen, upon the requisition
of fifty qualified voters.
Sect. 20. For the purpose of ora-anizina; thepirst organi.
^ J- o o zatiou of the
system of government hereby established, ande
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 officers 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 ineeting a list of voters in each ward, pre-
pared and corrected by the selectmen for the time
20 CITY CHARTER.
being, shall be delivered to the clerk of each ward
when elected, to be used as hereinbefore provided.
And the selectmen shall appoint such time for the
first meeting of the city council as they may judge
proper, after the choice of city officers as aforesaid,
or a majority of the members of both branches, in
the year one thousand eight hundred and forty-
six, and shall also fix upon the place and the hour
of said first meeting, and a written notice thereof
shall be sent by said selectmen to the place of
abode of each of the city officers chosen, as 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 daty 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.
Power ofthe Sect. 21. Tho clty council shall have power
By'^awl ^^ make all such salutary and needful by-laws
CITY CHARTER. 21
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
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 thcAnnuai town
meeiiiigsus-
town of Roxbury, which by law is required to be|;,';;]^{;^,^;,f^'=-
held in the month of March, or April, is hereby h"w'<ive?.
suspended, and all town ofi&cers now in office
shall hold their places until this act shall go into
operation ; and in case this charter shall not be
accepted in the manner and form as hereinafter
provided, then the selectmen shall issue their
warrant according to law, for holding the annual
town meeting of the inhabitants, in which all the
proceedings shall be the same as if this act had
not been passed.
Sect. 23. All officers of the town of Roxbury, Delivery,
'' etc, of
having the care and custody of any records, cfiy^uVrk.
papers or property belonging to the said town,
shall deliver the same to the city clerk, within
one week after his entering upon the duties of
his office.
22 CITY CHARTER
&,ni°ent Sect. 24. All such acts, and parts of acts, as
proviMoiis. ^^^ inconsistent with the provisions of this act,
shall be and the same are hereby repealed.
Legislature Sect. 25. NotMng In this act contained shall
may aller ,
thiiaS.*"'^ be so construed as to prevent the Legislature from
altering or amending the same, whenever they
shall deem it expedient.
Act to be Sect. 26. This act shall be void unless the
geWied'"' inhabitants of the town of Roxbury, at a legal
iuhabuants. ^^^^ 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.
When to Sect. 27. This act shall sjo into operation
take effect. *-
from and after its passage.
[Passed March 12, 1846.]
AMENDMENT.
COM.MON.WE ALTH OF MASSACHUSETTS.
la the Year One Thousand Eight Hundred and Fiftyi
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.
24 AMENDMENT.
Sect. 4. The list of jurors in tlie 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
revision or amendment.
Sect. 5. The said mayor and aldermen, and the
clerk of the city, shall severally have and exercise all
the powers and duties, with regard to the drawing of
jurors in the city of Roxbury, and all other matters
relating to jurors therein, which are, in the ninety-fifth
chapter of the Revised Statutes, required to be performed
by the selectmen and town clerks in their respective
towns ; and all venires for jurors to be 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.]
AMENDMENT.
COMMONWEALTH OF MASSACHUSETTS.
lu the Year One Thousand Eis;ht Hundred and FifiT-lwo.
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
4
26 AMENDMENT.
from the city at large, shall be elected annually, by the
qualified voters of the city at large, voting in their
respective wards, and four common councilmen shall be
elected annually from and by the voters of each ward, who
shall be residents of the wards in which they are elected ;
all of said officers shall be chosen by ballot, and shall hold
their offices for one year from the first Monday of January,
and the mayor until another shall be elected and qualified
in his place ; all of said officers shall be elected on the
second Monday of December annually, and shall enter
upon the duties of their respective ofi&ces 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 ofi&cers 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. 27
Sect. 5. This act shall be void, unless the inhabi-
tants of Roxbury, at any general meeting, duly warned
by public notice, of at least seven days, by the mayor
and aldermen, shall, (within thirty days from the passage
hereof,) by written vote, adopt the same.
Sect. 6. All acts, or parts of acts, inconsistent here-
with, are hereby repealed.
Sect. 7. This act shall take effect from and after its
passage.
[Approved by the Governor, Feb. 11, 1852.]
CITY ORDINANCES.
[No. 1.]
An Ordinance prescribing the manner of Recording and
Promulgating the Ordinances of the City.
Be it ordained by the City Council of the CityofRoxhury,
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. 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.
Sect. 3. All the ordinances of the City Council shall
be published and promulgated by causing the same to be
inserted three weeks successively in such newspaper or
newspapers printed and published in this city, 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 City Clerk may
designate.
Sect. 4. Every Ordinance which does not expressly
prescribe the time when it shall go into operation, shall
take effect from and after its passage.
[Passed May 21, 1866.]
30
CITY ORDINANCES.
[No. 2.]
An Ordinance to establish the City Seal.
Be it ordained^ ^c, as follows :
That the following be the device of the City Seal, as
suggested by B. E. Cotting, M. D., to wit : On the right
of the centre of the foreground, a young matron, seated,
resting her left arm upon a shield, on which are inscribed
the Arms of the State ; holding in her extended right
hand a Mural Crown, as in the act of presenting it ; —
on the centre and left of the background, a view of the
City ; in front of which, on the middle ground, a train
of railroad cars passing towards the metropolis ; above,
on a scroll, the word ROXBURY ; beneath, CONDITA,
A. D. 1630. In the lower semi-circle of the border,
CIVITATIS REGIMINE DONATA, A. D. 1846; and
in the upper, the motto, SAXETUM DEXTRIS
DEOQUE CONFIDENS.
[Passed May 21, 1866,
CITY ORDINANCES. 31
[No. 3.]
An Ordinance concerning the Form of Warrants, and
the Service and Return thereof.
Be it ordained, SfC, as follows :
Sect. 1. The form of warrants for calling meetings
of the citizens of the several Wards shall be as follows,
viz.:
§ L. s. ^ City op Roxbury.
To either of the Constables of the City of Roxhury,
Greeting : In the name of the Commonwealth of Massa-
chusetts, you are hereby required, forthwith, to warn the
inhabitants of Ward No. , qualified as the law
directs, to assemble at , on the day of ,
at o'clock, M., then and there to .
Hereof fail not, and have you there then this Warrant,
with your doings thereon.
Witness , Mayor of our said City of
Roxbury, the day of , in the year of our
Lord one thousand eight hundred and .
By order of the Mayor and Aldermen.
, City Clerk.
Sect. 2. All warrants for calling meetings of the
citizens of the several Wards, which shall be issued by
the Mayor and Aldermen, shall be served by any
Constable of the City, and returned to the Wardens of
the several Wards in the said city, on or before the time
of meeting of the citizens of said Ward, therein specified.
Sect. 3. The form of warrants for calling meetings
of the inhabitants of the City of Roxbury shall be as
follows, to wit :
32 CITY ORDINANCES.
5 L. s. 5 City of Roxbury.
To the Constables of the City of Roxbury, Greeting :
In the name of the Commonwealth of Massachusetts, you
are hereby required forthwith to warn the inhabitants of
the City of Roxbury, qualified • as the law directs, to
assemble at , on the day of , at
o'clock, M., then and there to .
Hereof fail not, and have you then and there this
Warrant, with your doings thereon.
Witness , Mayor of our 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. 4. All warrants which shall be issued by the
Mayor and Aldermen, for calling meetings of the inhabi-
tants 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 Al-
dermen to fix the time when the poll shall close, as well
as the time for the opening thereof, in the election of all
officers, except ward officers, and insert the same in any
warrantand notification to the inhabitants of such election.
Sect. 6. Each inhabitant, being a legal voter in said
city, shall be notified at his place of residence.
Sect. 7. All warrants for convening the legal voters
of the city shall be issued at least seven days before the
time of holding said meeting, and it shall be the duty
of the Constable warning said meeting to make return
thereof one day before the holding said meeting.
[Passed May 21, 1866.]
CITY ORDINANCES. 33
[No. 4.]
An Ordinance establishing the Name of the Rural
Cemetery.
Be it ordained, ^c, as follows :
Sect. 1. The Rural Cemetery recently established by
the City Council shall be called and known by the name
of " Forest Hills."
[Passed May 21, 1866.]
[No. 5.]
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 Cem-
etery have prepared a form for the conveyance of lots in
said Cemetery, hereinafter set forth, and have advised
that the same be approved and adopted by the City
Council, therefore.
Be it ordained, 8fC., as follows :
Sect. 1. The form of the deeds to be executed for
the conveyance of lots in Forest Hills Cemetery, by the
Commissioners of said Cemetery, shall be as follows, viz.:
Know all Men by these Presents, That the City of
Roxbury, in the County of Norfolk, and Commonwealth
of Massachusetts, in consideration of dollars, paid
to it by , the receipt whereof is hereby
acknowledged, 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
5
S4. CITY ORDINANCES.
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, superintendence and
management thereof, and may be inspected by the said
grantee, his heirs and assigns, at all reasonable times.
To have and to hold the aforegranted premises unto the
said , heirs and assigns forever ; but subject to the
restrictions, limitations and conditions, and w^ith 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 th6 consent of the said Commis-
sioners.
Third. That the proprietors of said lot shall have
the 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 there-
of 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
CITY ORDINANCES. 35
become in any way detrimental to tlie adjacent lots or
avenues, or dangerous and inconvenient, it shall be the
duty of said Commissioners for the time being to enter
into said lot and remove said trees or shrubs, or such
parts thereof as are thus detrimental, dangerous or
inconvenient.
Sixth. That if any monument or efiSgy, 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
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
36 CITY ORDINANCES.
other sufficient cause, another designation shall become
necessary ; and in making such designation said Com-
missioners shall, as far as they conveniently may, give
the preference to males over females, and to proximity
of blood and priority of age ; having due regard, how-
ever, to proximity of residence.
Tenth. The said lot shall be holden subject to all by-
laws, rules and regulations made and to be made by the
said Board of Commissioners, in pursuance of authority
granted to them in and by any act or acts of the Com-
monwealth 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 afore-
granted 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 aforesaid, and will warrant
and defend the same unto the said , heirs and
assigns forever.
In Witness whereof, the said City of Roxbury hath
caused these presents to be signed by , the
Chairman of the said Board of Commissioners, 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 ORDINANCES. 37
City of Roxbury. City Clerk's Office, — , 18 — .
I hereby certify that the foregoing Deed has been re-
ceived, 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.
[Passed May 21, 1866.]
[No. 6.]
An Ordinance relative to the Finances of the City.
Be it ordained, ^c, as follows:
Sect. 1. There shall be elected annually, in the
month of January, a Committea of Accounts, to consist
of two members of the Board of Aldermen and three
members of the Common Council ; which Committee
shall meet once, at least, each month, and carefully
audit all accounts and claims against the city which
shall be laid before them, and if the same be justly due,
and accompanied by a certificate of the proper certifying
officer that the bill or account is correct, they shall be
allowed and passed for payment.
Sect. 2. Said Committee shall keep a book, wherein
they shall enter the date and amount of each and every
claim they shall allow, the name of the person to whom
38 CITY ORDINANCES.
the same shall be allowed, and designating tlie fund or
appropriation from which the same shall be paid.
Sect. 3. No money shall be paid out of the City
Treasury except on orders drawn and signed by the
Mayor, designating the fund or appropriation from which
said orders are to be paid. And the Mayor is hereby
authorized to draw orders on the Treasurer for the pay-
ment of all accounts, claims and demands allowed by
the Committee of Accounts ; and he shall not draw on
the Treasury for the payment of any account, claim or
demand, unless the same shall have been allowed by the
Committee of Accounts, nor shall he draw any order for
services rendered or materials furnished for any depart-
ment beyond the sum appropriated by the City Council
for the expenses of that department. Provided, how-
ever, that he is hereby authorized to draw from the
Treasury, without action on the part of the Committee
of Accounts, for the payment of any sum due on the
principal or interest due on any note or other security of
the city, or for any judgment of any judicial Court ; or
for an advance on contracts made, or for work begun and
not completed, provided the said advance is accompanied
by a certificate of the chairman of the committee having
the work in charge that such advance is necessary.
Sect. 4. There shall be elected annually, in the
month of January, a Committee on Finance, consisting
of the Mayor, two members of the Board of Aldermen,
and five members of the Common Council, which Com-
mittee shall negotiate all loans to the city that shall be
authorized by the City Council, and shall report the
amount to the City Treasurer.
Sect. 6. The Committee on Finance shall, in the
month of March, annually, prepare and lay before the
CITY ORDINANCES. 39
City Council an estimate of the amount of money neces-
sary to be raised for the ensuing financial year, under
the various heads of appropriation, and the ways and
means of raising the same ; and shall also, in the month
of May, annually, prepare and lay before the City
Council a statement of all the receipts and expenditures
of the preceding financial year, giving in detail the
amount of appropriation and expenditure of each de-
partment ; and said statement shall be accompanied by
a schedule of the property, real and personal, belonging
to the city.
Sect. 6. The Committee on Finance shall, at the
close of each municipal year, and as much oftener as
they shall deem it expedient, examine and audit the
accounts of the City Treasurer ; and for that purpose
shall have access to all books and vouchers in his posses-
sion, or in possession of any other officer of the city.
The said Committee shall not only compare said accounts
with the vouchers therefor, but shall ascertain whether all
moneys due the city have been collected and accounted
for ; they shall also examine all notes and securities in
his hands belonging to the city, and make report thereof
to the City Council.
Sect. 7. The City Treasurer shall make up his an-
nual accounts to the thirtieth day of April ; and the
financial year shall begin on the first day of May, and
end on the thirtieth day of April, in each year.
Sect. 8. The City Treasurer and Collector shall give
bonds, with sufficient sureties, to the satisfaction of the
Mayor and Aldermen, in the sum of forty thousand
dollars, for the faithful performance of the duties of his
office.
Sect. 9. It shall be the duty of the Treasurer to
40, CITY ORDINANCES.
keep in a neat and methodical style and manner a
complete set of books, under the direction of the Com-
mittee of Accounts, wherein shall be stated, among
other things, the appropriation for each distinct object
of expenditure, to the end that whenever the appropria-
tions 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.
Sect. JO. It shall be the duty of the Treasurer and
Collector to collect and receive all accounts and other
demands against persons indebted to the city, 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 direc-
tions as they may deem it for the interest of the city to
prescribe. The report of the City Treasurer, and the
directions of the Mayor and Aldermen, in every such
case, shall be made in writing, and attested copies of
the same shall be furnished to the Committee of Ac-
counts by the City Clerk.
Sect. 11. It shall be the duty of the Collector of
Taxes, as soon as the polls are ascertained, to collect or
secure the tax of all such persons as are assessed a poll
tax only.
Sect. 12. 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 dis-
count will be allowed ; and on the first day of November,
the Collector is directed to issue his summons to those
who are then delinquent, that if there taxes are not paid
within ten days from the date of said summons, with
twenty cents for said summons, the Collector will then
CITY ORDINANCES. ^ 41
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. 13. The Collector shall be provided by the
City Council with an office in some suitable and con-
venient place, which shall be kept open every day
(Sundays and legal holidays excepted) from eight
o'clock, A. M., to four o'clock, P. M.
Sect. 14. 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 all 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.
[Passed May 21, 1866.]
[No. 7.]
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
42 CITY ORDINANCES.
■
them to grant such license, and complying in all re-
spects with the conditions of such license.
Sect. 2. The Mayor 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 he shall deem to be safe and proper.
Sect. 3. Whenever any street, lane, alley, sidewalk,
or other public place in the city, shall, under any
license granted, as provided in the preceding section,
be dug up, obstructed, encumbered, or otherwise ren-
dered thereby unsafe or inconvenient for travellers, the
person so licensed shall put, and at all times keep up a
suitable railing or fence round the section or parts of
any street, lane, alley, or other public place, so dug up,
obstructed or encumbered, so long as the same shall be
or remain unsafe or inconvenient as aforesaid ; 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 reasonable time
as the Mayor shall direct, amend and repair such street,
lane, alley, sidewalk, or public place, to the acceptance
of the Board of Aldermen.
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-
CITY ORDINANCES. 43
ment, heretofore constructed, or which may hereafter
"be constructed, in any street, lane, alley or sidewalk,
to rise above the even surface of such street, lane,
alley or sidewalk ; and every such entrance or passage-
/ way shall be at all times kept covered by a suitable
and substantial platform or grate; or in case it shall
be kept open, it shall be guarded and protected by
a sufficient railing, on both sides thereof, at least two
feet and a half high, and well lighted at night. No
person shall permit or suffer his well, cistern or drain,
in any street, lane, alley or sidewalk, in the city, to
be or remain open or uncovered, unless the same shall
be enclosed by a strong and safe curb, guard or fence.
Sect. 5. If any person shall dig or sink, or cause to
be sunk, any well, cellar, cistern, drain or other cavity in
the ground, near to or adjoining any street, lane or alley
in the city, he shall put up and at all times keep up, so
long as it shall be necessary for the purpose, a railing or
fence, on or near the line of such street, lane or alley,
sufficient to guard and protect travellers and passengers
from falling into, or being injured thereby.
Sect. 6. No person shall continue any cart, carriage
or vehicle of any description, with or without a horse,
horses, or other animal or animals attached thereto, in
any street or way, so as to obstruct the same, after hav-
ing been requested by any person having occasion to
use such street or way, or after having been ordered
by any member of the Police department, to remove
such obstruction.
Sect. 7. No person shall wheel, drive, draw, or pass
with any hand-cart, wheel-barrow, hand-sled, or any
other carriage of burthen or pleasure, or permit any
horse, ox or other beast, under his care, to go upon any
44 CITY ORDINANCES.
sidewalk in the city, or otherwise occupy, obstruct or
encumber the same, by any trunk, bale, barrel, box,
crate, cask, or any package, article or thing whatsoever,
or in any way obstruct any street, lane, alley or side-
walk, so as to interfere with the convenient use of the
same by all passengers. No person shall stop his team
or carriage, or unnecessarily place any obstruction on
any flagging stones laid, or that shall hereafter be laid,
in or across any street, lane or alley in the city ; and
in streets where there are no raised sidewalks, five feet
in width next adjoining the lands of the abuttors on
each side of such street shall be deemed and taken to
be the sidewalks of the same, within the meaning of
this Ordinance.
Sect. 8. No person shall ride any horse, or drive
any horse or horses attached to a carriage of any des-
cription, either of burthen or pleasure, or cause the
same to be rode or driven in any street, lane or alley,
or over any bridge in the city, at an immoderate gait,
so as to endanger or expose to injury any person stand-
ing, walking or riding in or on the same. And every
person having any truck, cart, wagon or other team of
burthen under his care, shall, when driving or passing
in or upon any street, lane, alley or bridge in the city,
hold the reins of his horse or horses in his hand, or be
in such position, and so near the team 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,
CITY ORDINANCES. 45
clam, or lobster shells, dung, offal, stones, brick, masons'
or bricklayers' rubbish, or any other kind of rubbish,
except in such place and in such manner as the Mayor
and Aldermen shall prescribe.
Sect. 10. No person shall suffer his firewood, coal,
or other fuel, in any quantity, to remain unnecessarily
on any sidewalk, or in any street, lane or alley, in the
city, over night, or after twilight, in the evoDing. 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 pas-
senger.
Sect. 12. No person shall move, or assist in moving,
any house, shop, or other building, through any street,
lane or alley, or over any bridge, in the city, unless a
written license shall have been obtained to remove the
same, as provided in the second section of this ordi-
nance.
Sect. 13. Any person who shall throw or put, or
cause to be thrown or put, any snow or ice into any
street, lane or alley, in the city, shall cause the same
to be broken up and spread evenly over the surface of
such street, lane or alley.
Sect. 14. No person shall swim or bathe in any of
the waters within or surrounding the city, so as to be
exposed to the view of passengers or other persons
46 CITY ORDINANCES.
passing or being in any street, lane, alley or house, or
upon any railroad within the city.
Sect. 15. No person shall expose, in or upon any
street, lane, alley, public place, common or sidewalk, in
the city, any table or device of any kind, by or upon
which any game of hazard or chance can be played ;
nor shall any person play any such game, at such table
or device, in or upon any street, lane, alley, public
place, common or sidewalk in the city. No person
shall place or keep any table, stall, booth, or other erec-
tion, in any street, lane, alley, or public place, or on
any sidewalk in the city, for the sale of fruit or other
thing, without permission from the Mayor and Alder-
men.
Sect. 16. No person shall, except in the perform-
ance of some duty required by law, discharge any gun,
pistol, or other fire-arm, loaded with balls or shot, or
with powder only, within the city, or in or upon any
street, lane, alley, public place or wharf, or within fifty
rods thereof, or within fifty rods of any building in the
city, in any yard, garden or field therein.
Sect. 17. No person shall fire any squib, cracker,
serpent, or other preparation whereof gunpowder is an
ingredient, or which consists wholly of the same, or
make any bonfire in or upon any street, lane or public
place, or wharf within the city.
Sect. 18. No person shall behave himself in a rude
or disorderly manner, or use any indecent, profane or
insulting language, in any street, lane, alley or other
public place in the city, or near any dwelling-house or
other building therein ; or coast or course upon any
sled or sleds, in any street, lane, alley, or other public
place, in the city, or be or remain upon any sidewalk,
CITY ORDINANCES. 47
or upon any door-step, portico or other projection from
any such house or other building, to the annoyance or
disturbance of any person. No person shall make any
indecent figures, nor write any indecent or obscene
words, upon any fence, building or other public place
within the city. No person shall by any noise, ges-
tures or other means, wantonly and designedly frighten
or drive any horse, in any street or other public place
in the city. No person shall use or shoot with bows
and arrows, or play at any unlawful game, or at ball,
with marbles, dice, cards, paw-paws, coppers, cents or
other coin, or fly any kite or balloon, or throw any
stones, clnbs, 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,
except a good and sufficient light be constantly kept at
the entrance of such passage.
Sect. 20. No »person shall injure, deface or destroy
any guide-post or guide-board, any lamp-post or lamp
or lantern thereon, heretofore erected, or which shall
be erected in the city ; or any tree, building, fence
post or other thing, set, erected or made, for the use or
ornament of the city.
Sect. 21. No person shall erect any post or posts in
any street or public place in the city, except by per-
mission of the Mayor ; 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
48 CITY ORDINANCES.
from the Mayor and Aldermen ; and the Mayor and
Aldermen are hereby expressly authorized to remove
any post or posts standing in any street or public
place.
Sect. 22. No person shall place or keep in front of
any building, any awning or shade less than seven feet
and a half in height at the lowest part thereof; nor
shall such awning or shade extend beyond the line of
the sidewalk.
Sect. 23. No horse shall be turned out loose, or suf-
fered to go at large, or to go to water in the city, with-
out a suitable person to lead or drive him. No person
. shall permit any horse, swine, goat, cow or other neat
cattle, belonging to him, or under his control, to graze
in any street, lane or alley, or on any common in the
city, nor to go at large therein.
Sect. 24. No person shall 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. 25. 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. 26. The Mayor and Aldermen may 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. 27. Three or more persons shall not stand in a
group, or near each other, on any sidewalk, in such a
manner as to obstruct a free passage for foot passengers,
CITY ORDINANCES. 49
for a longer time than ten minutes, nor more than two
minutes after a request to move on, made by any Police
officer.
Sect. 28. No person or persons shall in any manner
remove snow or ice from any street, or from any part,
except the sidewalk, of any street to another part of the
same street, within the limits of said city, without leave
in writing first had and obtained from the Superintend-
ent of Streets.
Sect. 29. No person or persons shall throw, sprinkle,
deposit, or in any way apply in or upon snow or ice
lying in any of the streets of the city, or in any part of
the same except the sidewalk, salt, pickle, brine or any
other article, ingredient, or ingredients, calculated to
dissolve, melt, liquefy, or remove such snow or ice,
without leave in writing first had and obtained of the
Superintendent of Streets.
Sect. 30. No person shall be prosecuted or tried for
any breach of the provisions of this Ordinance, unless
the complaint for the same shall be commenced within
one month from the time of committing such breach.
Sect. 31. Any person who shall offend against any
of the provisions of this Ordinance, shall forfeit and pay
for each and every offence a sum not less than one dollar,
nor more than twenty dollars.
[Passed May 21, 1866.]
[No. 8.]
An Ordinance relative to Nuisances, Sources of Filth,
and Causes of Sickness within the City of Roxbury,
Beit ordained, ^-c, as follows:
Sect. 1. The Mayor and Aldermen shall constitute
7
50 CITY ORDINANCES.
the Board of Health of the city. And it shall he 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 superin-
tendence of the City Marshal, whose duty it shall be to
enforce all laws, ordinances, regulations and orders
relating to all causes of sickness, nuisance and sources
of filth existing within the city, subject always to the
direction, authority and control of the Board of Health
for the time being ; and he shall perform all services
that may be required of him by said Board. And he
may, under the direction of said Board, or of any
committee thereof, abate any nuisance, when the person
or persons whose duty it is to abate the same have been
legally notified to abate it and have neglected so to do,
after the time fixed therefor in the notice served on said
person or persons. And he shall abate any nuisance
forthwith, under the direction of the Mayor, when in
his judgment the exigency for the immediate abatement
thereof is so great that delay for the action of the
Board would be dangerous to the public health.
Sect. 3. In the month of April 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, Board of Health, 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
CITY ORDINANCES. 51
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. Each and every tenement within the City
of E-oxbury that is or may hereafter be used as a
dwelling-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 tene-
ment, which vault and drain shall be in common and
subject to the use of all said inhabitants. And all
vaults or privies shall be so constructed that the in-
side of the same shall be at least two feet distant from
the line of every adjoining lot, unless the owner of said
adjoining lot shall otherwise agree and consent ; and
also two feet distant from any street, lane, alley, court,
square or public place, or private passageway. And
every vault shall be made tight, so that the contents
thereof cannot escape therefrom. And for any offence
against the provisions of this section, the owner or
owners of each and every tenement so used as 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. 5. Said City Marshal shall keep a record of all
his proceedings under the direction of the Board of
Health, and shall enter, in books to be kept for that
purpose, all expenses caused by the abatement of
nuisances and work done in relation thereto under 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
52 CITY ORDINANCES.
pay tlie same, and shall deliver said bills to the City
Treasurer for collection. And the said Treasurer shall
forthwith demand payment of said bills ; and in case
any bills, dues, or assessment of expense under this
ordinance shall remain unpaid at the expiration of
three months after demand for payment as aforesaid,
the said Treasurer shall cause the same to be collected
by a resort to the proper legal process. If at any time
the Mayor shall be satisfied that the interests of the
city require it, he may cause legal proceedings to be
had at any time before the expiration of said three
months after demand as aforesaid.
Sect. 6. No person or persons, without leave of
the Mayor, shall throw or deposit, or cause to be thrown
or deposited, in any street, court, square, lane, alley,
wharf, public square, or vacant lot, or into any pond,
creek, or river, any dirt, sawdust, soot, ashes, cinders,
shavings, hair, shreds, manure, oysters, lobster or clam
shells, waste water, rubbish or filth of any kind, or any
animal or vegetable matter or substance whatever.
Nor shall any person or persons throw or cast any
dead animal, or any foul or offensive ballast, into any
dock or other of the waters within or adjoining the
city, not shall any person land any foul or offensive
animal or vegetable substance within the city.
Sect. 7. 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 sh Jl have been thrown or car-
ried, as the occupant thereof and the person who actu-
ally threw or carried the same, or who caused the same
CITY ORDINANCES. 53
to be thrown, carried or left, shall severally be held
liable for such violation of this ordinance. And all
such substances shall be removed from the street, lane,
alley, court, square, public place or vacant lot, by and
at the expense of the owner or occupant of the house
or other place whence the same were thrown or car-
ried, within two hours after personal notice in writing
to that effect given by the Mayor and Aldermen, or
City Marshal.
Sect. 8. 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 provi-
sion, or any meat which has been blown, raised, or
stuffed, or any diseased or measly pork.
Sect. 9. No person or persons shall keep any swine
or goat within the limits of the City of Roxbury, with-
out a permit signed by the City Marshal of said city.
Sect. 10. The City Marshal, or any person author-
ized by the Mayor, or any of the regular police of the
City of Roxbury authorized by the City Marshal, shall
and may, at any time between sunrise and sunset, enter
into any building within the city for the purpose of
examining into, destroying, removing, or preventing
any nuisance, source of filth, or cause of sickness there-
in, or in any cellar belonging thereto. And if any
person shall refuse to admit such officer or other per-
son so authorized into said building, the City Marshal
shall make complaint according to the statute in such
case made and provided, and shall thereupon proceed
according to law to examine such building or other
place, and to destroy, remove, or prevent any nuisance,
source of filth, or cause of sickness that may be found
64 CITY ORDINANCES.
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, cesspool, 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. 11. Any person offending against any of the
provisions of this ordinance to which a particular pen-
alty is not annexed, and in relation to which a penalty
is not prescribed by the laws of the Commonwealth,
shall forfeit and pay a sum not less than five dollars
nor more than twenty dollars for each offence.
[Passed May 21, 1866.]
[No. 9.]
An Ordinance establishing the Office of Commissioner
of Streets, and defining the duties thereof.
Be it ordained, §"C., as follows :
Sect. 1. There shall be appointed annually in the
month of January by the Mayor and Aldermen, a
Commissioner of Streets, who shall continue in office
until removed, or until a successor be appointed. He
shall receive such compensation for his services as
the Mayor and Aldermen shall establish, and shall be
removable at the pleasure of the Mayor and Aldermen ;
and in case said office shall become vacant by death,
resignation, or otherwise, a successor shall forthwith be
appointed.
CITY ORDINANCES. 55
Sect. 2. It shall be the duty of the Commissioner
of Streets, under the general care and direction of the
Mayor and Aldermen, to superintend the general state
of the streets, roads, sidewalks, lanes, bridges, public
walks and squares of the city ; to attend to the making,
widening or alteration of the same ; to cause the same
to be kept in good, sufficient and suitable repair ; and,
when so ordered, to make all contracts for the supply of
labor and the materials therefor ; and he shall give notice
to the Mayor, or to such person as he may direct, in case
of nuisance, obstruction or encroachment in or upon any
of the streets, roads, sidewalks, bridges, public walks or
squares of the city. And the city shall not be responsi-
ble 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 allowance, at
least once in each month, and at such other times as the
said Mayor and Aldermen may direct. And he shall,
56 CITY ORDINANCES.
on or before the last Monday in January, annually, make
and render to the City Council a report containing a
general statement of the expenses of his department
during the preceding year, and specifying as near as
may be the amounts expended upon different streets for
sidewalks, number of feet of edgestones laid, number of
yards of paving and costs of same, and such other infor-
mation as he may consider desirable, together with a
schedule in detail of the property under his charge
belonging to the city.
[Passed May 21, 1866.]
[No. 10.]
An Ordinance establishing the Office of Superintendent
of Public Buildings.
Be it ordained, SfC, as follows :
Sect. 1. There shall be chosen annually in the month
of February, and whenever a vacancy occurs, by concur-
rent vote of the two branches of the City Council, a
Superintendent of Public Buildings, 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 Superintendent shall, under the
direction of the Committee on Public Property, have
the care and custody of all the buildings, and other
structures, belonging to the city, except as otherwise
provided, and shall provide all the labor and purchase all
the material necessary or requisite for repairing .the same,
and shall superintend all repairs ordered thereon. lie
CITY ORDINANCES. 57
shall also, under such direction, render such other and
further service relative to such buildings, structures and
other property as shall be required by the said committee,
and shall annually, in the month of January, make
report to the City Council, showing their condition, the
nature and amount of his expenditures, and generally
his doings relative thereto.
Sect. 3. The said Superintendent shall, under the
direction of the Committee on Lamps, have the care and
custody of the street lamps and fixtures, and cause the
same to be kept clean and in good order. He shall also
prepare the lighting lists, shall employ suitable persons
to light and extinguish the said lamps, and shall be
responsible for the faithful performance of their duties.
Sect. 4. The said Superintendent shall, under the
direction of the Committee on Lamps, purchase articles
used in their department. He shall superintend the
erection of all posts, lamps, and fixtures located by
the City Council, and shall keep an accurate account of
the number of lamps which burn gas, fluid, or any
other material, and the cost of the same, the number of
men employed and the wages given, the kind and quality
of fixtures, and shall annually, in the month of January,
make return of the same to the Mayor and Aldermen.
Sect. 5. The said Superintendent shall, when directed
by the Committee on Fuel, confer with the proper officers
of each branch of the public service in reference to the
quantities of fuel required for the use of their several
departments for the term of one year, and report the
same to the chairman of the said committee in writing.
Sect. 6. The said Superintendent shall from time to
time, by written order, authorize the delivery of fuel to
such branches of the public service, for which contract
58 CITY ORDINANCES.
was made "by the Committee on Fuel, in such quantities
as may be required therefor. He shall also see that the
proper quantity and quality of fuel is delivered, and
certify all bills for the same to be correct previously to
the payment thereof.
Sect. 7. The said Superintendent shall, whenever
desired by any committee of the City Council, or by
any co-ordinate branch of the public service, make all
purchases and sales authorized by the City Council or
by the said branches of the public service ; and no
purchase made by the said Superintendent shall be
passed for payment by the Committee on Accounts un-
less the same shall have been approved by him in writing.
Sect. 8. When the said Superintendent shall sell
any article or materials belonging to the city, or shall do
or cause to be done any work for any person or corpora-
tion from which money shall become due to the city, he
shall enter in books to be kept for that purpose all such
sales and work done, with the price thereof, and shall
forthwith make out bills for the same, and deliver them
to the City Treasurer for collection.
Sect. 9. The said Superintendent, before entering
upon the duties of his office, shall give bond with one or
more sureties, to the approbation of the Board of Alder-
men, in the sum of five thousand dollars, with condition
that he will not directly or indirectly for himself, nor
shall any other person, in trust for him or on his,
account, stipulate for, accept, have or receive any pecu-
niary interest, commission, or advantage in or from any
contract, agreement, or service made or rendered, having
relation to any matter or thing pertaining to the duties
of his office.
[Passed May 21, 1866.]
CITY ORDINANCES. 69
[No. 11.]
An Ordinance establishing the Office of City Messenger.
Be it ordained, Sfc, as follows :
There shall annually in the month of April be elected
by the Board of Aldermen, and sent down for its con-
currence or rejection, to the Common Council, a suitable
person, to be styled City Messenger, who shall receive,
deliver and execute, all notifications, issued by the City
Clerk, the Mayor, the President of the Common Council,
by the City Council or either branch thereof, or by the
Chairman of any Committee of the same. 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 shall provide fuel, lights, and
other things necessary for the accommodation of both
branches of the City Council, or any Committee thereof.
He shall have the superintendence of the City Hall, and
see that it is in good condition. He shall receive for his
services such compensation as the City Council shall
annually, or from time to time, allow.
[Passed May 21, 1866.]
[No. 12.]
An Ordinance establishing the Office of City Solicitor.
Be it ordained, Sj-c, as follows :
Sect. 1. There shall be elected annually, in the
month of February, and whenever a vacancy in the
office may occur, by 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
60 CITY ORDINANCES.
Courts of the Commonwealth, and who shall be remov-
able at the pleasure of the City Council.
Sect. 2. It shall be the duty of said Solicitor to draft
all legal instruments which may be required of him, by
any ordinance or order of the Mayor and Aldermen, or
of the City Council, or which may be requisite to be
made by the City of Roxbury, and any person contract-
ing 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. It shall be the duty of the City Solicitor to
commence and prosecute all actions and suits to be com-
menced, and to prosecute all actions already commenced
by the city before any tribunal in this Commonwealth,
and also to appear in, defend and advocate the rights
and interests of the city, or any of the of&cers of the
city, in any suit or prosecution for any act or omission
in the discharge of their official duties, wherein any
estate, right, privilege, ordinance, or acts of the City
Government, or any breach of any ordinance, may be
brought in question. And said Solicitor shall also ap-
pear before the Legislature of the Commonwealth, or
any Committee thereof, or any Board of Commissioners
or Referees appointed by law, and there represent, de-
fend and advocate the interests of the city, whenever the
same may be in any way affected, whether to prosecute
or defend the same ; and he shall, in all matters, trans-
act all professional business incident to the office, which
may be required of him by the City Government, or by
any Committee thereof; and he shall, when required,
furnish the Mayor and Aldermen, the Common Council,
or any Committee of either or both branches, or any
member thereof, or any officer of the City Government
CITY ORDINANCES. 61
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
he given in writing whenever required.
Sect. 4. In full compensation for all the services of
said Solicitor, 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 ex-
penses shall be allowed him ; and in suits and prosecu-
tions he shall be entitled to receive and retain for his
own use, the legal taxable costs which may be recovered
of the adverse party, where the city shall recover the
same, according to the usag6 and practice in the Courts.
Sect. 5. The said Solicitor shall enter upon the dis-
charge of the duties of his office upon the first of March
annually.
[Passed May 21, 1866.]
[No. 13.]
An Ordinance establishing the Office of City Physician.
Be it ordained, Sfc, as follows :
Sect. 1. There shall be chosen 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 remov-
able at the pleasure of the City Council, and shall re-
ceive such compensation as the City Council shall from
time to time determine.
Sect. 2. The said physician shall attend, at his
62 CITY ORDINANCES.
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 purpose of
proving the effect of the vaccination, or of renewing the
supply of virus for the use of said physician.
Sect. 3. The said City Physician shall always have
on hand, as far as practicable, a sufficient quantity of
virus, and he shall supply the Consulting Physicians of
the city, and the physicians of the Koxbury Dispensary,
with the same, without charge.
Sect. 4. He shall keep a record of all cases of small-
pox, or other malignant diseases, attended by him under
this Ordinance, and make a report thereof to the City ,
Council, 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 by the Mayor and
Aldermen ; and shall likewise perform such duties as
CITY ORDINANCES. 63
are required in "An Act to secure the general vaccina-
tion" as tlie Mayor and Aldermen may direct.
Sect. 7. The said City Physician shall attend to all
cases of disease that may occur among prisoners in the
" Lockup," and perform such other professional services
as may be required at the aforesaid place, when called
upon by any of the Police.
[Passed May 21, 1866.]
[No. 14.]
An Ordinance relating to the Election and Duties of
Harbor Master.
Be it ordained, ^c, as follows:
Sect. 1. Any person who may be elected Harbor
Master under the provisions of an Act of the Common-
wealth of Massachusetts, passed in the year eighteen
hundred and fifty-nine, entitled an "Act relating to a
Channel called the Roxbury Canal," shall in 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, quanti-
ty, and value of the merchandise so discharged.
Sect. 2. The said Harbor Master shall be elected
annually in the month of April by concurrent vote of the
City Council, and he shall enter upon the discharge
of the duties of his office upon the first day of May
annually.
Sect. 3. The City Council may at any time remove
from ofi&ce such Harbor Master, and may at any time
64 CITY ORDINANCES.
fill any vacancy in such office, occasioned by such
removal or otherwise.
Sect. 4. The said Harbor Master shall receive such
compensation as the City Council shall from time to time
determine.
[Passed May 21, 1866.]
[No. 15.]
An Ordinance regulating the Fire Department of the
City of Roxbury.
Be it ordained, 8fc., as follows :
Sect. 1. There shall be appointed annually in the
month of January a Committee on the Fire Department,
to consist of three members of the Board of Aldermen,
and five members of the Common Council.
Sect. 2. The Fire Department of the City of Rox-
bury shall consist of a Chief and as many Assistant
Engineers as the City Council may appoint, and also as
many Engine, Hose, and Hook-and-Ladder men, as the
fire apparatus belonging to the City may from time to
time require for efficient service.
Sect. 3. The Engineers shall be chosen annually in
the month of April by joint ballot of the City Council
in convention, and shall hold their office for one year,
from the first day of May next ensuing, and until their
successors shall be elected, unless sooner removed. They
shall be removable at the pleasure of the City Coancil,
and all vacancies may be filled at any time for the
unexpired term. Provided, however, that no Assistant
Engineer shall hold over in case three of the new Board
are elected, and in case of holding over preference shall
CITY ORDINANCES. 65
be given to seniority of rank, which rank shall be
determined by the Board of Aldermen.
Sect. 4. The Engineers, immediately on their elec-
tion, shall constitute a Board, of which the Chief En-
gineer shall be chairman, and shall choose a Secretary
from their own number, whose duty it shall be to per
form the usual duties of a Clerk to the Board, and also
such other clerical daties as the Chief Engineer may
from time to time direct.
Sect. 5. A majority of the whole Board shall be
necessary to constitute a quorum. They shall make
such rules and orders for their government as they may
see fit, subject to the approval of the Board of Alder-
men. They shall be responsible for the discipline, good
order, and proper conduct of the whole department, and
for the care of all houses, engines, hose and hook-and-
ladder carriages, horses, furniture, and apparatus thereto
belonging. And they may make such rules and regula-
tions for the good order of the department, and for the
extinguishment of fires, as they may from time to time
think expedient: subject to the approval of the Board
of Aldermen.
Sect. 6. 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 badge of their office ; to take proper
measures that the several engines and other apparatus
be arranged in the most advantageous situations, and
duly worked for the effectual extinguishment of the fire.
It shall also be their duty to cause order to be preserved
in going to, working at, or returning from fires, and at
all other times when companies attached to the depart-
ment are on duty.
66 CITT ORDINANCES.
Sect. 7. It shall be the duty of the Board of En-
gineers to report from time to time to the Board of
Aldermen the names of such officers or members of the
department as in their judgment should be removed or
discharged, with their reasons therefor ; and whenever,
from any cause, a vacancy shall occur in the department,
which is to be filled by the Board of Aldermen, the said
Board of Engineers shall recommend to them for their
consideration the name of some person to fill the same.
Sect. 8. The Board of Engineers, whenever in their
judgment it may be expedient, may employ or permit to
stay or sleep in the house wherein a hose or hook-
and-ladder carriage is kept, one member from the same
company, in addition to the driver.
Sect. 9. The Chief Engineer shall have the sole
control at fires over all the other Engineers and mem-
bers of the Fire Department. It shall be his duty to
examine into the condition of the property of the city
instrusted to the care of the Board of Engineers, and of
the companies attached to the said department, and
annually, or whenever requested by the Board of Alder-
men or the Committee on the Fire Department, make
report in writing showing the condition thereof, with
such details as may be by them or either of them desired.
And it shall be 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, and all other communications
relating to the affiiirs of the Fire Department ; to keep,
or cause to be kept, fair and exact rolls of the respec-
tive companies, specifying the time of admission and
discharge of each member, and also a record of all fires,
and the amount of loss sustained thereby, which may
CITY ORDINANCES. 67
happen within the city, with the causes thereof, as well
as can be ascertained, and the number and description
of the buildings destroyed or injured, together with the
names of the owners or occupants, and report the same
once in each year to the City Council 5 or whenever
requested by the Board of Aldermen.
Sect. 10. In the absence of the Chief Engineer, the
Engineer next in rank, who may be present, shall
execute the duties of his office, with full powers.
Sect. 11. Whenever any fire occurs in either of the
adjoining cities or towns, only such of said Engineers
shall repair thither as shall have been previously desig-
nated for such purpose by the Chief Engineer.
Sect. 12. No person under the age of twenty-one
years shall be employed as a member of the Fire Depart-
ment ; 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,
by the City Clerk.
Sect. 13. No member of the Fire Department 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, return
to the Chief Engineer a certificate of the service of each
member of their respective companies.
Sect. 14. Every officer and every member of the
Fire Department shall sign the following agreement, to
be deposited with the board of engineers : " I, A B,
having been appointed a member of the Roxbury Fire
Department, hereby signify my agreement to abide by
68 CITY ORDINANCES.
all the ordinances of the City Council, and the rules and
regulations of the Board of Engineers relating thereto."
And any of&cer or member who shall neglect or refuse to
sign the same, shall not be entitled to any compensation
whatsoever.
Sect. 15. Each engine company shall consist of an
Engineer, Fireman, Driver for the Engine, and also a
Driver for the hose-carriage attached to the engine, who
shall act as Clerk of the company, and also as many
Hosemen as the Board of Aldermen may from time to
time direct ; all of whom shall be approved by the said
Board. The said Enginemen, Firemen and Drivers,
shall be at all times in or about the Engine house, except
when absent with consent of the Chief Engineer.
Sect. 16. Every Engine, Hook-and-Ladder and Hose
Company shall have a Foreman, Assistant Foreman and
Clerk, and also such other officers and members, as the
Board of Aldermen may from time to time direct, all of
whom shall be approved by the said Board. All of the
said officers shall be nominated annually in the month of
May, or whenever a vacancy occurs, by the members of
the respective companies from among their own number,
and a return of the same made to the Board of Engi-
neers ; and in case of rejection by them, the name of
the person so rejected shall be returned to the company,
who shall select another person for approval ; and when-
ever any person so nominated shall be approved by the
Board of Engineers, his name shall be sent to the Board
of Aldermen for approval or rejection, and in case of
rejection another person shall be nominated as aforesaid,
before the next regular meeting of the Board of Alder-
men, and the like proceedings had as before ; and these
officers, when approved, shall receive notice of appoint-
CITY OKDINANCES. 69
merit, signed by the City Clerk, and shall hold their
places until removed, or others shall be appointed in
their stead. If, upon rejection by the Board of Engi-
neers or Board of Aldermen of any person nominated
and returned as aforesaid, a suitable person is not
nominated and returned by the company as aforesaid,
within one week from the date of the reception of notice
of such rejection, the Board of Engineers shall them-
selves send to the Board of Aldermen, for their approval
or rejection, the name of some suitable person for the
place, to be selected from the same company. And if
any hook-and-ladder company shall not have a driver, a
suitable person shall be nominated and selected in the
same manner as the Foreman.
Sect. 17. Any officer or member of the Fire Depart-
ment, except the Chief and Assistant Engineers, may at
any time be discharged from the department by the
Board of Aldermen.
Sect. 18. In all cases of removal from the depart-
ment, the name of the party removed, with a statement
of the reasons therefor, shall be entered on the records
of the Engineers, and a copy of the same shall be trans-
mitted to the Board of Aldermen before their next
regular meeting.
Sect. 19. It shall be the duty of the men per-
manently employed in the Fire Department to keep the
several reservoirs and hydrants in the City free from
obstructions, and perform such other duties as may be
required by the Chief or Assistant Engineers.
Sect. 20. There shall be paid to each officer and
member of the department such sum and at such times
as the City Council may from time to time determine.
Sect. 21. Any officer or member of the Fire Depart-
70 CITY ORDINANCES.
ment, except the Chief and Assistant Engineers, who
shall wilfully neglect or refuse to perform his duty, or
who shall be guilty of disorderly conduct or disobedience
to his superior in office, shall for such offence, on written
complaint of the Board of Engineers, be dismissed or
suspended from the department by the Mayor.
Sect. 22. Neither the members nor the officers of
any of the companies shall assemble in any of the
engine or other houses belonging to the department,
except as herein prescribed, and for taking the engine
or other apparatus on any alarm of fire, and of return-
ing the same to the house, and taking necessary care of
said apparatus after its return.
Sect. 23. All officers and members of the Fire
Department shall, when on duty, wear such badges as
the Board of Aldermen shall from time to time direct,
the same to be furnished at the expense of the City ;
and no other person shall at any time be permitted to
wear the same, except under such restrictions and
regulations as the Mayor and Board of Aldermen may
direct.
Sect. 24. No company shall leave the city, in case
of fire in the neighboring cities and towns, except by
the express order of the Chief or one of the Assistant
Engineers.
Sect. 25. Whenever the City Council shall have
authorized the purchase of any new engine, hook-and-
ladder or hose carriage, or of any apparatus for the use
of the Fire Department, the same shall be purchased by
the Chief Engineer, under the direction of the Commit-
tee on the Fire Department, or of such person as the
said Committee may designate.
Sect. 26. All repairs necessary on the engines, hook-
CITY ORDINANCES. 71
and-ladder and hose carriages, or on the apparatus
connected therewith, and also all purchases (except
fuel) necessary for the efficiency of the Fire Depart-
ment, shall be made by the Chief Engineer, provided
the amount so expended shall not exceed the sum of
fifty dollars in any one instance. All expenditures
necessary for the objects above named, in excess of
fifty dollars, shall be made by the Chief Engineer under
the direction of the Committee on the Fire Department,
or of such person as the said Committee may designate.
Sect. 27. The Board of Engineers shall severally
examine into all places where shavings and other com-
bustible materials may be deposited or collected, and
shall cause the same to be removed by the owners or
occupants of any such places, and at their expense,
whenever, in the opinion of said Board, or a committee
thereof, the security of the city against fire shall require
it. And in case of such owner or occupant's neglect or
refusal so to do, or cause the same to be removed, he
shall be liable to a penalty of not less than two nor more
than twenty dollars for such neglect or refusal ; and any
person who shall obstruct the Engineers, or any of them,
in carrying out the provisions of this section shall also
be liable to a penalty of not less than two nor more than
twenty dollars.
[Passed May 21, 1866.]
[No. 16.]
An Ordinance prescribing the Duties of the City Marshal.
Be it ordained, ^c, as follows:
Sect. 1. The City Marshal shall have precedence
and command over all the officers of the Police Depart-
72 CITY ORDINANCES.
ment, and all other Constables of tlie City when engaged
in the same service, or when directed thereto by the
Mayor and Aldermen ; and before entering upon the
duties of his office, shall be sworn to the faithful per-
formance of its duties, by the Mayor, and shall also give
bonds to the Treasurer of the City of Roxbury, in the
sum of Five Hundred Dollars, with sufficient sureties, to
be approved by the Mayor and Aldermen, for the faithful
performance of the duties of said office.
Sect. 2. It shall be the duty of the City Marshal
from time to time to pass through the streets, lanes,
alleys and courts of the City, to observe all nuisances,
obstructions, and impediments therein, to the end that
the same be removed or prosecuted according to law ; to
notice all offences against the laws and against the
ordinances of the City, taking the names of the of-
fenders, to the end that the same may be prosecuted.
It shall also be his duty to receive all complaints of the
inhabitants, made for any breach of the laws or ordi-
nances of the City. It shall 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, with sufficient force, 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 power 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.
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 and thing in which the City shall be in
anywise concerned or interested. It shall also be his
duty to prosecute all offenders as soon as may be, and
CITY ORDINANCES. 73
attend, in behalf of the City, the trial of all offences
which may be prosecuted, and to use all lawful means
for the effectual prosecution and final conviction of
offenders. It shall also be his duty to keep full and
complete records of the business of his department, and
annually in the month of December, and whenever else
required by the Mayor, make written report thereof. It
shall also be his duty to collect, receive and pay over
to the Treasurer of the City, all fees received by him-
self, or any member of the Police Department, or for
service of criminal processes, or for services in behalf
of the City, and further to perform all such other and
additional duties, and to comply with all such regula-
tions, as may at any time be prescribed to him by the
Mayor and Aldermen, or the Board of Health.
Sect. 3. The City Marshal shall also be the Health
Officer, whose duty it shall be, and he shall have power
to enforce all laws, ordinances, regulations and orders,
relating to all causes of sicknesses, nuisance, and sources
of filth, existing within the City ; subject always to the
directions and control of the Mayor and Aldermen, or
Board of Health.
Sect. 4. The office of the City Marshal shall be
open at all suitable times, under the direction of the
Mayor and Aldermen, for the purpose of receiving
complaints respecting offences against the laws and
ordinances.
Sect. 5. All members of the Police department shall
receive in full for all their services respectively such
compensation as the City Council may from time to
time determine, together with all necessary charges for
travel, and all necessary implements for carrying out the
purposes of the said department.
10
74 CITY ORDINANCES.
Sect. 6. The Board of Aldermen may make, from
time to time, sucli rules and regulations for the govern-
ment of the Police as they may deem expedient.
Sect. 7. All duties heretofore required by the laws
of the Commonwealth, or the Laws and Ordinances of
the City, or orders of the Mayor or Board of Aldermen,
to be performed by the Day Police or Night Watchmen,
shall be performed by the policemen who are detailed for
day or night duty.
[Passed May 21, 1866.]
[No. 17.]
An Ordinance concerning Main Drains and Common
Sewers.
Be it ordained, Sfc, as follows :
Sect. 1. At the commencement of the Municipal
Year, there shall be chosen by ballot, viz : —
A Committee on Sewerage, to consist of the Mayor,
two Aldermen, and five members of the Common
Council.
Sect. 2. 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. 3. 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. 4. All particular drains Avhich shall hereafter
enter into any common sewer shall be built of such
CITY ORDINANCES. , 75
materials, dimensions and descriptions, and with such
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 Al-
dermen, as in their judgment the public health or
convenience may require.
Sect. 5. The Mayor and Aldermen shall have power
to cause every owner of land adjoining any street
through which a common sewer shall be laid, or his
agent or tenant, to make a 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
Roxbury, before any court proper to try the same.
Provided, 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, provided 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 writing
76 CITY ORDINANCES.
from the Mayor and Aldermen or Superintendent of
Common Sewers, hereinafter mentioned, shall forfeit and
pay the sum of twenty dollars, and shall also be liable
to pay all such damage, by way of indemnification, 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
January, by the concurrent vote of the City Council,
(to be first acted upon by the Mayor and Aldermen,) a
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 fiUed 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.
Sect. 11. It shall be the duty of the Mayor and
CITY ORDINANCES. 77
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. No permit shall be given by the said
Superintendent for liberty to enter any particular drain
into any common sewer until the assessment levied, or
the sum of money determined by the Board of Aldermen
for said liberty, is paid.
[Passed May 21, 1866.]
78 CITY ORDINANCES.
[No. 18.]
An Ordinance establishing a Committee on Fuel, and
defining the duties thereof.
Be it ordained, Sfc, as follows :
Sect. 1. There shall be appointed annually, in the
month of January, a Committee on Fuel, to consist of
two members of the Board of Aldermen, and three
members of the Common Council.
Sect. 2. It shall be the duty of the said Committee,
between the months of May and September annually,
to contract for all the fuel required by the several
departments of the public service, in such quantities as
the Superintendent of Public Buildings indicates in
writing will be required therefor, for the term of one
year from the date of said contract or contracts.
Sect. 3. Said Committee shall advertise in such
newspapers printed in this city, and in such other public
manner as they may deem expedient, for proposals for
furnishing said fuel, ten days at least prior to making
any contract for the same, which proposals shall contain
the terms for which each particular description of fuel
will be furnished, separately and distinctly. Said pro-
posals shall be sealed, and shall not be opened unless in
committee actually assembled, and all proposals shall be
rejected by the said Committee, if they consider it for
the interest of the city so to do. All contracts made
by them shall provide for the delivery of said fuel, at
such times, in such places, and in such quantities, as the
Superintendent of Public Buildings may direct.
Sect. 4. All fuel which shall be contracted for shall,
previously to its delivery, be weighed or measured by a
weigher or measurer appointed for that purpose by the
CITY ORDINANCES. 79
city, on the City Scales. The contractor shall not
deliver any fuel without a written order of the said
Superintendent of Public Buildings.
[Passed May 21, 1866.]
[No. 19.]
An Ordinance establishing a Committee on Public
Property, and defining the duties thereof.
Be it ordained, Sfc, as follows :
Sect. 1. There shall be appointed annually, in the
month of January, a Committee on Public Property, to
consist of three members of the Board of Aldermen, and
five members of the Common Council.
Sect. 2. Said Committee shall have the care and
custody of all the buildings belonging to the city, and
of the erection, alteration and repair thereof, under
such rules and orders as the City Council may from time
to time adopt, except as otherwise provided.
Sect. 3. 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 on Public Property, when directed by
the City Council, shall purchase land for that purpose,
and shall also provide rooms and furnish the same for
the use of schools, whenever such rooms and furniture
shall be necessary, provided that the expense thereof
shall not exceed the sum of one hundred dollars in any
one instance.
Sect. 4. The said Committee on Public Property
80 CITY ORDINANCES.
may cause to be made all necessary repairs on any
building or grounds attached thereto belonging to the
city, when the same be not otherwise ordered. Provided,
the expense thereof shall not exceed the sum of one
hundred dollars in any one instance.
Sect. 6. Whenever the City Council shall have
authorized the erection, alteration or repair of any
building, the expense of which shall exceed the sum of
one thousand dollars, it shall be the duty of the said
Committee on Public Property, unless otherwise ordered,
to cause plans and specifications of the same to be
prepared ; to give public notice of the time and place
of the exhibition thereof, and the time during which
proposals for doing the work will be received.
Sect. 6. No proposals shall be received by the said
Committee on Public Property from any person offering
to contract for such work unless the same is sealed. No
such proposals shall be opened except in Committee
actually assembled, and the said Committee shall reject
any or all proposals offered whenever they may consider
it for the interest of the city so to do.
Sect. 7. In all cases where a contract is made to
which the city is a party, the same shall not be altered
in any particular without the consent of the Committee
having the work in charge, and such alteration shall be
endorsed on the contract.
[Passed May 21, 1866.]
CITY ORDINANCES. " 81
[No. 20.]
An Ordinance relating to the Election of certain City
Officers.
Be it ordained, Sj-c, as follows :
The mode of electing the following officers, to wit :
Surveyors of Highways, Surveyors of Lumber, Measurers
of Wood and Bark, Public Weighers, Weighers of Hay,
Coal and Beef, Sealers of Weights and Measures, Field
Drivers, Fence Viewers, Pound Keeper, Sealers of
Leather, 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 or rejection.
[Passed May 21, 1866.]
[No. 21.]
An Ordinance in relation to Burial Grounds and the
Interment of the Dead.
Be it ordained, 8fc., as follows :
Sect. 1. The Board of Mayor and Aldermen shall
appoint two or more persons to act as Undertakers, who
may hold the office until removed by the said Board.
And in case of a vacancy, caused by removal or other-
wise, it shall be the duty of the Mayor and Aldermen
to supply said vacancy by a new appointment.
Sect. 2. 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 shaU be
assigned to them in their appointment ; to detect and
prosecute trespassers, and generally to exercise all the
power and authority vested in the City Council in rela-
tion to burfal grounds. It shall also be their duty,
11
82 CITY ORDINANCES.
whenever requested, and without delay, to take the
personal charge and oversight of all necessary arrange-
ments for the removal and burial of the body of the
deceased, and for the funeral procession ; subject to
such directions as they may at any time receive from
the Mayor and Aldermen. It shall also be their duty,
within one day after the burial or removal from the city
of the body of any deceased person, to deliver to the
City Clerk a certificate, stating the date of the death,
the name and surname of the deceased, the sex, condi-
tion, (whether single or married,) age, occupation, place
of death, place of birth, names of the parents, and
disease or cause of death.
Sect. 3. 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. 4. Fees not exceeding the following shall be
collected and paid for the services of the Undertakers,
viz.: For opening and closing a tomb for the reception
of a corpse, one dollar ; 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, /owr dollars, and of a
child not over ten years of age, three dollars; for re-
moving a body from a grave to a tomb, four dollars,
and from a tomb to a tomb, two dollars and twenty -five
cents; for attending funerals of deceased persons brought
from other places into this city for interment 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. 5. Whenever any person shall decease within
the limits of the city, it shall be the duty of the nearest
i
CITY ORDINANCES. 83
relative, or of the person in whose house the person may
have died, or any other person who may have first be-
come informed of the event, to cause the same to be
made known to the Undertaker as ^oon as practicable.
Sect. 6. No person, except an Undertaker or one
appointed by authority in his place, shall bury or remove
the body of any deceased person, or undertake the
management of a funeral.
Sect. 7. All funerals shall take place between sun-
rise and sunset, unless otherwise permitted or directed
by the Mayor.
Sect. 8. No tomb shall be constructed, or grave
dug, nor shall any dead body be buried in a grave,
within the city.
Sect. 9. Any person who shall be guilty of a vio-
lation of any of the provisions of this Ordinance, or
any of the regulations which may be prescribed by the
Mayor and Aldermen in conformity thereto, shall forfeit
and pay a sum of not less than two or more than twenty
dollars.
[Passed May 21, 1866.]
[No. 22.]
An Ordinance concerning the removal of House Offal
and Night Soil from the City.
Be it ordained, ^c, as follows :
Sect. 1. All house offal, .whether consisting of animal
or vegetable substances, shall be deposited in convenient
vessels, and kept in some convenient place, to be taken
away by or under the direction of the person or persons
appointed by the Mayor and Aldermen for that purpose ;
which shall be done not less than twice in each week.
84 CITY ORDINANCES.
Sect. 2. No vault or privy shall be emptied except
under the direction of the person or persons appointed
by the Mayor and Aldermen, and conformable to such
regulations as the Mayor and Aldermen shall make on
the subject, and always at the expense of the owner,
agent, occupant, or other person having charge of the
tenement in which such vault is situated.
Sect. 3. No persons, except such as shall have been
appointed by the Mayor and Aldermen for that purpose,
or their 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 may annually,
or whenever a vacancy occurs, appoint a suitable person,
or persons, whose duty shall be to take charge of the
removal of night soil, and the person or persons so
appointed shall, at his or their 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 shall
also furnish and provide, at their own expense, all other
necessary and suitable utensils and means for the proper
performance of said business, and of all duties under
this Ordinance. Such person or persons so appointed,
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 October, November, December, January,
February and March, and the sum of four dollars, and
CITY ORDINANCES. 85
no more, for each, and every such load removed as afore-
said for such applicant during the remainder of the year.
And no vault of any privy shall be opened for the pur-
pose of cleaning the same, in any day, between the hour
of five of the clock in the forenoon and the hour of ten
of the clock in the afternoon in the same day, unless by
the written consent of the Mayor. The person or
persons so appointed shall conform to all such orders
and regulations as the Mayor and Aldermen shall make
in relation to the removal of night soil, and shall be held
responsible for any unnecessary damage he may cause to
property while in the performance of such business. The
Mayor and Aldermen may, at any time, remove any
person or persons appointed as aforesaid.
Sect. 5. 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, or to any persons who may be ordered by
the Board of Health to abate a nuisance.
Sect. 7. Any person offending against any of the
provisions of this Ordinance shall be punished by a fine
not exceeding twenty dollars.
[Passed May 21, 1866.]
86 CITY ORDINANCES.
[No. 23.]
An Ordinance concerning Dealers in Junk, Old Metals,
and Second-Hand Articles.
Be it ordained, ^c, as follows :
Sect. 1. No person shall be a dealer in or keeper
of a shop for the purchase, sale, or barter of junk, old
metals, or second-hand articles in this city, unless he is
duly licensed therefor by the Mayor and Aldermen.
Sect. 2. Every person dealing in said articles, or
keeping such a shop, shall keep a book, in which he
shall record, at the time of every purchase by him of
either of the articles mentioned in the ^preceding section,
a description of the article so purchased, the name, age,
and residence of the person from whom, and the day
and hour when he so received it ; and that book shall at
all times be open to the inspection of any member of
the Police department.
Sect. 3. No keeper of such shop shall, directly or
indirectly, either purchase, or receive by way of barter
or exchange, any of the articles aforesaid, of any minor
or apprentice, knowing or having reason to believe him
to be such ; and no article purchased by such shopkeeper
shall be sold by him until a period of at least one week
from its purchase or receipt by him shall have elapsed.
Sect. 4. Every keeper of such shop shall put in
some suitable and conspicuous place on his shop a
sign, having his name and occupation legibly inscribed
thereon in large letters. And every such shop and all
articles of merchandise therein may be examined at all
times by any member of the Police department.
Sect. 5. No keeper of such shop shall have the same
open for the transaction of business except during the
CITY ORDINANCES. 87
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 less
than ten nor more than twenty dollars for each offence.
Sect. 8. All the provisions of this Ordinance shall
be incorporated into every license which shall be granted
under it.
[Passed May 21, 1866.]
[No. 24.]
An Ordinance relating to Pawnbrokers.
Be it ordained, ^c, as follows:
Sect. 1. No person shall carry on the business of a
pawnbroker in this city unless he is duly licensed therefor
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
person from whom and the day and hour when he so
received it ; and said book shall at all times be open
to the inspection of 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 ;
88 CITY ORDINANCES.
and all articles so taken or held by any pawnbroker shall
be exhibited to some member of the Police department,
whenever a demand shall be made 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 less
than twenty nor more than 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.
[Passed May 21, 1866.]
[No. 25.]
An Ordinance in relation to the Acceptance of Streets
in the City of Roxbury.
Be it ordained, ^c, as follows :
Sect. 1. No street already laid out and not built
upon, or which shall hereafter be laid out, shall be
accepted by the City Council, unless the same shall be
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 abutters on
said street, shall have been deposited with the Mayor.
Sect. 3. No street shall be accepted by the City
CITY ORDINANCES. 89
Council, until tlie grade of such street shall have been
first made, at the expense of the abutters, to correspond
with the plan of the Surveyor.
[Passed May 21, 1866.1
[No. 26.]
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 alterations
therein from time to time.
[Passed May 21, 1866.]
[No. 27.]
An Ordinance to establish Regulations for the Removal
of Buildings in the City of Roxbury.
Be it ordained, Sj-c, as follows :
All persons are prohibited from transporting 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, or some person
designated by them ; 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, or by any person so designated, with sufficient
sureties, holding said party or parties to pay such
12
90 CITY ORDINANCES.
damage as may accrue from such removal to the high-
ways, sidewalks or trees in or near the streets, or to any
other property whatsoever belonging to the city or to
other individuals.
[Passed May 21, 1866.]
[No. 28.]
An Ordinance in relation to Numbering Houses and
other Buildings.
Be it ordained, ^c, as follows :
The Mayor and Aldermen shall have power to cause
numbers of regular series to be affixed to all dwelling-
houses and other buildings, fronting on any street, lane,
alley or public court within the City of Roxbury, at their
discretion ; and shall also have power to 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 May 21, 1866. J
[No. 29.]
An Ordinance providing for the Execution of Deeds,
Leases, and other Legal Instruments, in behalf of the
City.
Be it ordained, Sfc, as follows :
Sect. L All deeds, conveyances, leases, and other
instruments, which shall be given by the city, and which
to be valid in law must be signed, sealed, and acknowl-
edged, shall be signed and acknowledged by the Mayor,
CITY ORDINANCES. 91
on behalf of the city, and shall be by him sealed with
the common seal of the city.
Sect. 2. Whenever the amount due and payable on
any mortgage belonging to the city shall be paid to the
City Treasurer, he shall certify the same to the Mayor,
■who shall thereupon discharge the mortgage ; or, by
and with the consent of the Board of Aldermen, may
assign the same ; and for that purpose, the Mayor shall
execute and deliver all necessary deeds and instruments.
[Passed May 21, 1866.]
[No. 30.]
An Ordinance relating to the Expenditures for Schools.
Be it ordained, 8fC., as follows :
Sect. 1. The appropriations made by the City
Council for the salaries of the teachers of the Public
Schools shall be expended under the direction of the
School Committee, but said Committee shall not fix the
salaries of said teachers at such rates that the aggregate
amounts of all salaries shall in any financial year exceed
the sum appropriated for that purpose.
Sect. 2. All bills and accounts contracted by the
School Committee for books, maps, stationery, and
scientific apparatus, shall, when approved by the Chair-
man or Secretary of the said Committee, and audited
by the Committee on Accounts, be paid from the city
treasury.
Sect. 3. The School Committee may provide all
articles necessary for the use of the schools, with the
exception of fuel, whenever such articles shall not
exceed the sum of fifty dollars in any one instance.
[Passed May 21, 1866.]
92 CITY ORDINANCES.
[No. 31.]
An Ordinance relative to the Blasting of Rocks.
Be it ordained, SfC, as follows:
Sect. 1. No person shall blast any rock or other
substance with gunpowder or other material at any
place within fifty yards of any public place or highway
in the city, without license from the Mayor and Alder-
men, or some person designated by them in writing,
specifying the terms and conditions on which such
license is granted : provided, however, that the remedy
of any person injured by the blasting of rocks shall not
be affected by this ordinance, nor shall it be consid-
ered as applying to the Surveyors of Highways in the
discharge of their official duties.
Sect. 2. Anyperson who shall either by himself, his
servant, or agent, or by any person in his employ, 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, nor
more than twenty dollars.
[Passed May 21, 1866.]
[No. 32.]
An Ordinance in relation to Truant Children, and
Absentees from School.
Be it ordained, Sfc, 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
CITY ORDINANCES. 93
ignorance, between the ages of seven and sixteen years,
shall, upon conviction thereof, be punished by a fine not
exceeding twenty dollars, or, instead thereof, by being
committed to the Almshouse of said City of Roxbury
and situated therein, at the discretion of the Judge of
the Police Court of said city having jurisdiction of the
case, for such time as said Judge may determine, not
exceeding two years : 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 Common-
wealth 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 assigned and
provided as the institution of instruction, house of refor-
mation, or suitable situation, provided for the purpose of
receiving such minors or children convicted and committed
as aforesaid.
Sect. 3. The Mayor and Aldermen shall forthwith,
after the passage of this Ordinance, and hereafter in the
month of January, annually, appoint three or more 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 exe-
cution 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,
94 CITY ORDINANCES.
and no ordinance which has been heretofore repealed
shall be revived by the repeal herein contained.
Sect. 5. This Ordinance shall take efTect from and
after its passage and approval by the Superior Court,
sitting in any County of the Commonwealth.
[Passed May 21, 1866.]
[No. 33.]
An Ordinance in relation to the Removal of Snow and
Ice from Sidewalks.
Be it ordained, ^c, 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 removed from
any sidewalk, as aforesaid, shall forfeit and pay a sum
not less than one dollar, nor more than three dollars ;
and for each and every twenty-four hours thereafter that
the snow, as aforesaid, shall remain on such sidewalk,
such owner or tenant shall forfeit and pay a sum not less
than one dollar, nor more than five dollars.
Sect. 2. The provisions of the preceding section
shall also apply to snow falling from any building on any
sidewalk, as aforesaid.
Sect. 3. Whenever any sidewalk, as aforesaid, shall
wholly or in part be encumbered with ice, it shall be the
duty of the owner or tenant, as mentioned in section 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
CITY ORDINANCES. 95
substance ; and in case such owner or tenant shall neglect
so to do for the space of twenty-four hours after such
sidewalk shall be encumbered as aforesaid, he shall forfeit
and pay a sum not less than one dollar, nor more than
three dollars, and the sum of two dollars for every day
that the same shall be so encumbered.
[Passed May 21, 1866.]
[No. 34.]
An Ordinance concerning Dogs.
Be it ordained, Sfc, 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 manner,
disturb the quiet of any person or persons whomsoever 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, dis-
turbed 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
96 CITY ORDINANCES.
to do, it shall be the dutj 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.
[Passed May 21, 1866.]
[No. 35.]
An Ordinance relative to Contracts and Expenditures.
Be it ordained, Sj-c, as follows :
Whenever any Committee or Board is authorized to
make any contract, by the City Council, or either branch
thereof, or to expend any moneys appropriated by the
City Council, or either branch thereof, for any purpose,
and the estimates for such contract or expenditure
shall exceed in amount the appropriation made there-
for, or the sum appropriated for any purpose shall
have been expended by them, and for either reason a
further appropriation is necessary for the accomplish-
ment of the undertaking, such Committee or Board
shall report to the City Council, or the branch thereof
from which their authority is derived, the fact of such
deficiency of appropriation, with a detailed statement of
the cause or causes thereof, and an estimate of the
amount necessary to be added to such appropriation ;
and the Committee or Board shall not conclude such
contract, or make further expenditure in the premises,
until they shall be authorized so to do by the City
Council, or the branch from which their authority is
derived.
[Passed May 21, 1866.]
CITY ORDINANCES. 97
[No. 36.]
An Ordinance relating to Notices and Placards.
Be it ordained, Sj-c, as follows:
Sect. 1. No person shall post or affix in any manner
any bill, placard, or notice, either written or printed,
upon the fences, walls, or upon any part of any building
in the city, without the previous consent of the occupants
thereof, or, if there be no occupants, without the previ-
ous consent of the owners thereof ; nor upon any build-
ing belonging to the city, without the previous consent
of the Mayor.
Sect. 2. Any person who shall either by himself, his
servant or agent, or by any person in his employ, violate
any of the provisions of this ordinance, shall forfeit and
pay a sum of not less than five nor more than twenty
dollars.
[Passed May 21, 1866.]
13
RULES RESPECTING GUNPOWDER.
Rules and Regulations made and established by the
Board of Aldermen of the City of Roxbury, relative
to the Sale, Storage, Safe-keeping and Transportation
of Gunpowder in said City, in conformity with a law
of this Commonwealth, made and passed on the twenty-
first day of April, A. D. 1848.
Sect. 1. No ship or other vessel, on board of which
Gunpowder shall be laden, shall lie at any wharf in the
City of Roxbury, nor within two hundred yards of any.
wharf or landing place, except as hereinafter provided.
Sect. 2. No gunpowder shall be landed at any
wharf, quay, or place, in said city, without a written
permit from one or more Engineers of the Fire Depart-
ment. But in no case shall powder be allowed to remain
on a wharf for a longer time than is necessary for its
removal.
Sect. 3. All boats employed in the conveyance of
gunpowder shall be examined and approved by the
Chief Engineer, and shall have displayed at the stern
or bow a red flag, so long as there is any gunpowder on
board. And all powder so conveyed shall be 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-
RULES RESPECTING GUNPOWDER. 99
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.
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 approved
by the Chief Engineer, and marked on each side, in
capitals, with the words, "Approved Powder Carriage,"
excepting, however, that a quantity not exceeding 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 "Gunpowder," 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 conveyed
through the city, for shipment, when ice renders it impos-
sible 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 conveyance and
shipment of the same ; and provided also that the vehi-
cle 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
100 RULES RESPECTING GUNPOWDER.
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.
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 persons
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 maybe 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, Avhich 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 consis-
tent 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
RULES RESPECTING GUNPOWDER. lOl
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
powder be allowed to be opened by any person or firm
holding such license.
Sect. 10. Any person or firm, who shall be licensed
to sell by "wholesale or retail," shall be allowed to keep
on hand three-quarter casks of gunpowder, at any one
time, of twenty-five pounds each and no more, which
shall always be deposited and kept as provided in section
9th ; provided^ however, that such person or firm may
be allowed to keep on hand, in addition to the above,
such quantity as is required for retailing, which shall
not exceed, at any one time, twenty-five pounds, which
shall be kept in tin or copper canisters, with a top or
cover fastened thereto, which canister shall always be
kept in the copper chest, together with the 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 — "Licensed
TO Keep and Sell Gunpowder."
Sect. 12. No gunpowder shall be kept otherwise
than as before provided for licensed dealers, at any place
within the city, except in Williams' Magazine in South
Bay, and such other places as shall be from time to
time designated, and which are hereby established as
placQs 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
102 RULES RESPECTING GUNPOWDER.
Board of Aldermen on the last Monday in December
annually.
Sect. 14. The City Clerk shall keep a record of ^all
licenses granted, and renewals thereof, and of the place
designated for keeping and selling gunpowder, which
place shall not be altered or changed, unless by 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 Eules and Regulations,
and report the same to the Chief Engineer.
[Adopted by the Board of Aldermen, July 27, 1863.]
CJtB of llojburB.
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 ; mean-
ing by the orders of the day, the business remaining
unfinished at the previous meeting, and such communi-
cations as may have been subsequently sent up from the
Common Council.
5. New business may be introduced by any member
of the Board.
11. Every Ordinance shall pass through the following
stages before it shall be considered as having received
the final action of this Board, viz.: first reading, second
104 Rules and Orders of the Board of Aldermen.
reading, passage to be enrolled, passage to be ordained ;
and every joint resolution shall have two several readings
before the question shall be taken on its jftnal passage.
III. An Ordinance may be rejected at either stage
of its progress, but shall not pass through all its stages
in one day.
lY. Standing Committees shall be appointed on the
Police of the City, on Licenses, on Bills and Accounts
presented for payment, and on Enrolment ; each of said
Committees to consist of three members.
V. No member shall be interrupted while speaking,
but by a call to order, or for the correction of a mistake;
nor shall there be any conversation among the members
' jyhile a paper is being read or a question stated from the
Chair.
VI. All Committees shall be appointed and announced
by the Mayor, except such as the Board of Aldermen
shall determine to elect by ballot.
VII. The above rules and orders of business shall
be observed in all cases, unless suspended by a vote of
two-thirds of the members present, for a specific purpose.
RULES AND ORDERS
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 quo-
rum, shall cause the minutes of the preceding meeting
to be read, and proceed to business. In the absence of
the President, any member present can call the Council
to order, and preside until a President ^ro tempore shall
be chosen by ballot. If, upon a ballot for President pro
tempore, no member shall receive a majority of votes, the
Council shall proceed to a second ballot, in v^hich 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 mem-
bers ; and shall decide all questions of order, subject to
an appeal to the Council, on motion of any member
regularly seconded.
Sect. 3. He shall declare all votes ; but if any
member doubt the vote, the President, without further
debate upon the question, shall require the members
14
106 Rules and Orders of the Common Council,
voting in the af&rmative and negative to arise and stand
until they are counted, and lie shall declare the result ;
but no decision shall be declared, unless a quorum 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 deter-
mine to go into Committee of the Whole, the President
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 pending.
But the President may state facts and give his opinion
on questions of order, without leaving his place.
Sect. 6. On all questions and motions, the President
shall take the sense of the Council by yeas and nays,
provided one-third of the members present shall so
require.
Sect. 7. In all cases the President may vote.
Sect. 8. He shall propound all questions in the order
in which they are moved, unless the subsequent motion
shall be previous in its nature ; except that in naming
sums and fixing times, the largest sum and longest time
shall be put first.
Sect. 9. After a motion is stated by the President,
it shall be disposed of by vote of the Council, unless the
mover withdraw it before a decision or amendment.
Sect. 10. When a question is under debate, the
President shall receive no motion, but to adjourn, to lay
In the City of Eoxbury,for 1866. 107
on the table, for the previous question, to postpone to
a day certain, to commit, to amend, or to postpone
indefinitely ; which several motions shall have precedence
in the order in which they stand arranged.
Sect, 11. He shall consider a motion to adjourn as
always first in order ; and that motion and the motion
to lay on the table, or to take from the table, shall be
decided without debate.
Sect. 12. He shall put the previous question in the
following form: — " 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, except
on appeal ; and on such appeal, no member shall be
allowed to speak more than once without leave of the
Council.
Sect. 14. When two or more members happen to rise
at once, the President shall name the member who is
first to speak.
Sect. 15. All Committees shall be appointed and
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.
108 Rules and Orders of the Common Council,
Eights, Duties and Decorum of Members.
Sect. 16. When any member is about to speak in
debate, or deliver any matter to the Council, he shall
rise in his place, and respectfully address the presiding
officer ; shall confine himself to the question under
debate, 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 mem-
ber, he shall not be permitted to speak, unless by way
of excuse for the same, until he has made satisfaction.
Sect. 19. No member shall speak more than twice
to the same question, 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. <^0. 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 Roxhuryjor 1866. 109
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 Council
when a question is put shall vote, unless for special
reasons excused.
Sect. 25. The division of a question may be called
for when the sense will admit of it.
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.
110 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 J 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 instrument.
Sect. 31. Standing Committees of this Council shall
be appointed on the following subjects, viz.: On Election
and Returns, and on Enrolled Ordinances and Resolu-
tions, each to consist of three members.
Sect. 32. No Committee shall sit during the sitting
of the Council, without special leave.
Sect. 33. The rules of proceedings in Council shall
be observed in Committee of the Whole, so far as they
may be applicable, excepting the rules limiting the time
of speaking ; but no member shall speak twice to any
question, until every member choosing to speak shall
have spoken.
Sect. 34. When Committees of the Council, chosen
by ballot, or Committees consisting of one member from
each Ward, have been appointed or elected, whether
joint or otherwise, the first meeting thereof shall be
notified by the Clerk, by direction of the President, and
they shall organize by the choice of Chairman, and report
In the City of Roxhury,for 1866. Ill
to the Council ; and when 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 Messenger.
Sect. 36. All ordinances, resolutions and orders shall
have two several readings before they shall be finally
passed by this Council ; and all ordinances after being
so passed shall be enrolled.
Sect. 37. No ordinance, order or resolution, imposing
penalties or authorizing the expenditure of money, except
orders for printing, by either branch of the City Council,
shall have more than one reading on the same day, if
one-third of the members present object.
Sect. 38. The seats of the members of the Council shall
be numbered, and determined by lot ; and no member
shall change his seat but by permission of the President.
Sect. 39. All Special Committees, unless otherwise
ordered, shall consist of three members. And no report
shall be received from any Committee, unless agreed to
in Committee assembled.
Sect. 40. The Clerk shall keep brief minutes of the
votes and proceedings of the Council, — entering thereon
all accepted orders 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 various Com-
mittees on the part of the Council of their election ; but
all accepted reports from Special Committees of this
Board shall be entered at length in a separate journal,
to be kept for that purpose, and provided with an index.
112 Rules and Orders of the Common Council.
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 proceeding shall be
conducted according to " Cushing's Manual of Parlia-
mentary Practice."
JOINT RULES AND ORDERS
CITY COUNCIL
Sect. 1. At the commencement of the Municipal
Year, the following Joint Standing Committees shall be
appointed, viz.: —
A Committee on Public Instruction, to consist of the
Mayor, two Aldermen, the President and four members
of the Common Council.
A Committee on Claims, to consist of three members
of the Board of Aldermen, 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 expedient, aijd 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 Military Affairs, 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 Aldermen, and five members of the
Common Council.
15
114 Joint Rules and Orders of the City Council.
A Committee on Printing, to consist of two members
of the Board of Aldermen, and three members 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 Aldermen, and three members
of the Common Council.
On all Joint Committees wherein it is provided that
the Mayor shall be a member, in case of the non-election,
decease, inability or absence of that officer, the Chair-
man 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 Standing
Committees, shall be chosen or appointed by their respec-
tive 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 resig-
nation or inability, the member of the same Board next
in order ; and after him the member of the Common
Council first in order shall call meetings of the Committee
and act as Chairman.
The. Mayor shall be ex-officio Chairman of any Joint
Special Committee of which he is a member. And
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.
Joint Rules and Orders of the City Council. 115
Sect. 2. In all cases of disagreement between, the
two Boards, when either Board shall request a conference
and appoint a Committee for that purpose, the other
Board shall also appoint a Committee to confer, which
Committee" shall forthwith meet, provided both branches
are then in session, — otherwise, as soon as convenient, —
and state to each other, either verbally or in writing,
as either shall choose, the reasons of the respective
Boards for and against the amendment, confer freely
thereon, and report to their respective branches.
Sect. 3. When either Board shall not concur in any
ordinance or other paper sent from the other Board, the
Board so non-concurring shall give immediate notice
thereof to the other branch by written message.
Sect. 4. All by-laws passed by the City Council
shall be termed Ordinances ; and the' enacting style
shall be, — " Be it ordained by the City Council of the
City of Roxbury."
Sect. 5. In all votes, when either or both branches
of the City Council express anything by way of com-
mand, the form of expression shall be " Ordered ;" 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 consul-
tation, 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
with, or purchase or authorize the purchase of any
article of any of its members..
116 Joint Rules and Orders of the City Council.
Sect. 9. No member of the City Council shall receive
compensation for services rendered the city, unless by
direct vote of the City Council.
Sect. 10. The reports of all Committees, agreed to
by a majority of the members, shall be made to the
Board in which the business referred originated. And
all Committees may report by ordinance, resolve, or
otherwise.
Sect. 11. All reports and other papers submitted to
the City Council shall be written in a fair hand, and no
report of any kind shall be endorsed on the 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
Chairman thereof.
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 respec-
tive Clerks, except Ordinances and Joint Resolutions in
their last stage, which shall be signed by the presiding
ofl&cers.
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
require, after which the question shall be on passing
the same to be enrolled ; and when the same shall have
passed to be enrolled, it shall be sent to the other Board
for concurrence ; and when such Ordinance shall have
so passed to be enrolled in each Board, the same shall
be enrolled by the Clerk of the Common Council, and
Joint Rules and Orders of the City Council. 117
examined by a Committee of that Board ; and on being
found by said Committee to be truly and correctly
enrolled, the same shall be reported to the Council, when
the question shall be on passing the same to be ordained;
and when said Ordinance shall have so passed to be
ordained, it shall be signed by the President of the
Common Council, and sent to the other Board, when a
like examination shall be made by a Committee of that
Board, and if found correctly enrolled, the same shall
be reported to the Board, and the question shall be on
passing the same to be ordained ; and when the same
shall have passed to be ordained, it shall be signed by
the Mayor.
Sect. 15. Every Order and Joint Resolution shall
have as many readings in each Board as the rules of
such Board require, after which the question shall be
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, a time to which both Boards will
adjourn.
Sect. 19. No business shall be transacted by the
City Council in convention, except such as shall have
been previously agreed upon.
118 Joint Rules and Orders of the City Council.
Sect. 20. After the annual appropriations shall have
been passed, no subsequent expenditure shall be author-
ized for any object, unless provisions for the same shall
be made by a specific transfer from some of the appro-
priations 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.
GOVERNMENT
OF THE
CITY OF ROXBURY,
FOR
1866.
MAYOR.
GEORGE LEWIS,
Highland
Street.
ALDERMEN.
SAMUEL LITTLE, . . .
Norfolk House,
At Large,
WILLIAM C. HARDING, .
Warren Street,
u
DANIEL JACKSON, . . .
Union Street,
u
JAMES E. ADAMS, . . .
Norfolk House,
Ward 1.
WILLIAM BACON, Jr., . .
Auburn Street,
" 2.
JOHN Mcelroy, . . .
Clay Street,
" 3.
JOHN FELT OSGOOD, .
Guild Street,
« 4.
JOHN F. NEWTON, . . .
Moreland Street,
" 5.
120
CITY OFFICERS.
COMMON COUNCIL.
JOHN BACKUP, President.
Auburn Street.
Ward 1.
Charles L. Kidder,
Augustus L. Litchfield,
Alvin G. Bartlett,
John A. Scott,
John Backup,
Lucius B. Wright,
George Richards,
Charles T. Lingham,
Patrick H. Rogers,
John Downey,
Michael Kelley,
James Short,
Freeman D. Osgood,
Isaac F. Atwood,
Francis Hunnewell,
James Tolman,
William Hobbs, Jr.,
Solomon A. Bolster,
Eben Alexander,
John J. Merrill,
Ward 2.
Ward 3.
Ward 4.
Ward 5.
Magazine Street,
Eustis Street,
Davis Street,
Cottao;e Street.
Auburn Street,
Tremont Street,
Cabot Street,
Ruggles Street.
Smith Street,
Dudley Street,
Parker Street,
Brooks Street.
Cedar Street,
Heath Street,
Beech Street,
Parker Street.
St. James Street,
Regent Street,
Walnut Street,
Bainbridge St.
CITY OFFICERS.
121
JOINT STANDING COMMITTEES OF THE €IT¥ COUNCIL.
ON FINANCE.
The Mayor,
Common Council.
Aldermen
Messrs. Scott,
Little,
Wright,
Newton.
Short,
Osgood,
Alexander.
ON ACCOUNTS.
Aldermen
Common Council.
Little,
Messrs. Tolman,
Osgood.
Bolster,
Hobbs, Jr.
ON SEWERAGE.
The Mayor,
Common Council
Aldermen
Messrs. Rogers,
Jackson,
Litchfield,
Adams.
Lingham,
Atwood,
Merrill.
ON
PUBLIC PROPERTY.
Aldermen
Common Council.
Little,
Messrs. Bartlett,
Harding,
Tolman,
Bacon, Jr.
Lingham,
Downey, .
Bolster.
ON
PUBLIC INSTRUCTION.
The Mayor,
Common Council.
Aldermen
Messrs. Backup, ex off.
Little,
Tolman,
Newton,
Kidder,
Short,
Hobbs, Jr.
16
122
CITY OFFICERS.
ON FUEL.
A Idermen
Common Council.
Newton,
Messrs. Bartlett,
Harding.
Hunnewell,
Hobbs, Jr.
ON CLAIMS.
Aldermen
Common Council.
Newton,
Messrs. Hunnewell,
Jackson,
Bolster,
McElroy.
Kidder,
Eichards,
Downey.
ON STREETS.
The Mayor,
Common Council.
Aldermen
Messrs. Litchfield,
Jackson,
Merrill,
Bacon, Jr.
Eogers,
Atwood,
Lingham.
ON
FIRE DEPARTMENT.
Aldermen
Common Council.
Adams,
Messrs. Scott,
Harding,
Eichards,
Osgood.
Kelley,
Atwood,
.
Alexander.
ON LAMPS.
Aldermen
Common Council.
Adams,
Messrs. Merrill,
Harding,
Bartlett,
Jackson.
Wright,
Kelley,
\
Osgood.
CITY OFFICERS.
123
ON FEINTING.
Aldermen ^ Common Council.
Newton,
Messrs. Litchfield,
Bacon, Jr.
Osgood,
Wright.
ON PAEKS AND SQUARES.
The Mayor,
Common Council.
Aldermen
Messrs. Tolman,
McElroy,
Rogers,
Osgood.
Hobbs, Jr.,
Kidder,
Richards.
ON WATERING STREETS.
Aldermen
Common Council.
Adams,
Messrs. Merrill,
McElroy.
Bartlett,
Downey.
ON MILITARY AFFAIRS.
The Mayor,
Common Council.
Aldermen
Messrs. Backup,
Little,
Scott,
McElroy.
Hunnewell,
Alexander,
Short.
STANDING COMMITTEES .OF BOARD OF ALDERMEN.
ON POLICE.
Aldermen Adams, Little and Osgood.
ON LICENSES.
Aldermen Jackson, Osgood and Bacon, Jr.
ON ENROLMENT.
Aldermen Jackson, McElroy and Osgood.
ON BILLS.
Aldermen Little, Adams and Newton.
124 CITY OFFICERS.
STANDING COMMITTEES OF THE COMMON COUNCIL.
ON ELECTIONS.
Messrs. Kellej, Litchfield and Bolster.
ON ENROLMENT.
Messrs. Hunnewell, Short and Richards.
CITY CLERK AND CLERK OF BOARD OP ALDERMEN.
JOSEPH W. TUCKER.
CLERK OF COMMON COUNCIL.
FRANKLIN WILLIAMS,
CITY MESSENGER.
WILLIAM N. FELTON.
SURVEYORS OF HIGHWAYS.
THE MAYOR AND ALDERMEN.
COMMISSIONER OP STREETS, AND SUPERINTENDENT OF SEWERS.
MOSES H. WEBBER.
SUPERINTENDENT OF PUBLIC BUILDINGS.
ALONZO W. FOLSOM.
TREASURY DEPARTMENT.
TREASURER AND COLLECTOR.
JOSEPH W. DUDLEY.
CLERK.
John W. Parker.
assessors.
Theodore Otis, Wm. Rumrill, Wm. H. Mcintosh.
CITY OFFICEES,
125
clerk to assessors.
Charles R. Todd.
assistant assessors.
Ward 1. Eliot Trask, | Ward 4. Isaac H. Meserve,
2. William Seaver, 5. John L. Stanton.
3. Henry Willis, I
OVERSEERS OF THE POOR.
The Mayor, Chairman.
Ward 1.
2.
William Morse,
Ira Allen,
Ward 4. George Curtis,
5. Charles D. Swain
3.
John Eagan,
Ira Alle
[Office, Gun Hous
N, Agent.
e, Putnam Street.]
THE ALMSHOUSE.
Ezra Young, Superintendent.
Geo. J. Arnold, M. D., Physician.
HOUSE OFFAL DEPARTMENT.
Ezra Young, Superintendent.
CEMETERY AT FOREST HILLS.
BOARD OP COMMISSIONERS.
Term expires.
Alvah Kittredge, Chairman,
. 1867
William C. Harding,
• • •
. 1868
Joseph H. Chadwick,
.
. 1869
George Lewis, Secretary,
.
. 1870
George Frost,
.
. 1871
Joseph W. Dudley,
Treasurer.
Joseph W. Tucker,
Register.
Oliver Moulton, Superintendent.
126 CITY OFFICERS.
HARBOR MASTER.
Franklin Winchester.
FIRE DEPARTMENT.
chief engineer.
James Munroe.
assistant engineers.
1. John Culligan, i 3. Francis Freeman,
2. Phineas D. Allen, } 4. George D. White.
CITY SOLICITOR.
John W. Mat.
HEALTH DEPARTMENT.
BOARD OF HEALTH.
The Mayor and Aldermen.
CITY physician.
Joseph H. Streeter, M. D.
consulting physicians.
Horatio G. Morse, M. D.
Ira Allen, M. D.
John S. Flint, M. D.
superintendent of burial grounds and undertaker.
John C. Seaver.
undertakers.
Joseph S. Waterman,
William Manning,
John Heintz,
John Haynes.
contractor for the removal of night soil.
W. H. H. Young, Office, Police Station, City Hall.
CITY OFFICERS.
127
POLICE DEPARTMENT.
POLICE COURT.
s.tanding justice.
Peter S. Wheelock.
CLERK.
Alfred Williams.
special justice.
Ira Allen.
City Marshal.
Isaac S. Burrell, Munroe Street.
constables, POLICEMEN AND NIGHT WATCHMEN.
Joseph Hubbard,
Samuel Mclntosli,
Matthew Clark,
Jeremiah M. Swett,
Hawley Folsom,
William E. Hicks,
William D. Cook,
Joseph Hastings,
Eben T. Hitchcock,
James Ball,
Joseph Parker,
Edward F. Mecuen,
Elbridge G. Cobb,
Thomas CuUigan,
Phineas B. Smith,
Moses N. Hubbard,
James Munroe,
Morrill P. Berry,
Arthur P. Anderson,
Silas M. Littlefield,
James G. Hooper,
Henry H. Perkins,
Sylvester E. Partridge,
Ebenezer H. Folsom,
Henry Morse,
John W. Chase,
Oliver P. Ricker,
Samuel Hitchcock,
Christopher C. Dow,
George R. Mathews,
George H. Bills,
Joseph Wiggin.
constables.
Edward H, Bowman,
Caleb S. Emery,
Elisha M. Davis.
128
CITY OFFICERS
TRUANT OFFICERS.
Hawley Folsom,
Joseph Hubbard,
William D. Cook,
Samuel Mcintosh,
James Ball,
Matthew Clark,
Jeremiah M. Swett,
William B. Hicks,
Joseph Hastings,
Eben T. Hitchcock,
Arthur F. Anderson.
SPECIAL POLICE AND NIGHT WATCHMEN.
James Munroe,
John CuUigan,
P. D. Allen,
John J. Brooks,
Lyman 0. Dow,
Graham Hall,
Eliot Trask,
Edward H. Bowman,
Ebenezer Stone,
Moses N. Hubbard,
William H. Mathews,
Orlando Austin,
William N. Hastings,
Jonas Pierce, Jr^
George W. Decatur,
Wm. Merrill.
CORONER.
Ira Allen.
SUBORDINATE OFFICERS.
FIELD DRIVERS.
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 Culligan,
Luke Vila,
Sylvester E. Partridge,
Ebenezer B. Rumrill,
Ebenezer T. Hitchcock,
Christopher C. Dow,
Elisha M. Davis,
James Ball.
CITY OFFICERS. 129
FENCE VIEWERS.
Moses Gragg, John Dove.
POUND KEEPER.
Thomas M. Cotton.
SEALERS OF LEATHER.
Eeuben M. Stackpole, | Joseph W. Winslow.
MEASURERS OF WOOD AND BARK.
Stephen Faimce,
William Seaver,
Henry Basford,
Francis Freeman,
Stephen Hammond,
Edwin A. Remick.
PUBLIC WEIGHER, AND WEIGHER OF HAY, COAL AND BEEF,
Andrew W. Newoian.
LIQUOR AGENT,
George B. Faunce.
ir
130
WARD OFFICERS.
WARD OFFICERS.
V/4.RD 1.
Warden.
William Morse.
Clerk.
James T. Pond.
Warden.
Anthony B. Shaw.
Clerk.
Georare F. Seaver.
Warden.
James W. Ruth.
Clerk.
George M. Hobbs.
Warden.
John R. Withington.
Clerk.
Phineas B. Smith, Jr.
Wa?'den.
Herbert Wiswall.
Inspectors.
Thomas H. Litchfield,
Charles Erskine,
Wiliam H. Allen.
Ward 2.
Inspectors.
Henry B. Phelps,
James H. Curley,
Henry F. Thayer.
Ward 3.
Inspectors.
John J. Brooks,
John McGreevey,
Nicholas Eagan.
Ward 4.
Ward 5.
Clerk.
Samuel H. Hunneman, Jr.
Inspectors.
Roland C. Shaw,
Charles H. Plympton,
Pierpont P. Flint.
Inspectors.
Henry Basford,
Alton G. Reed,
Giles H. Rich.
PUBLIC SCHOOLS
131
PUBLIC SCHOOLS.
SCHOOL COMMITTEE.
Edwin Rat, Chairman. \ Franklin Williams, Secretary.
Elected at Large.
William A. Crafts, J. Warren Tuck, Horatio G. Morse.
Elected by Wards.
Ward 1. — ^Franklin Williams, James Morse.
" 2. — Benj. F. Bronson, George Warren.
" 3.— Timothy R. Nute, George M. Hobbs.
" 4. — George H. Monroe, James Waldock.
" 5. — Edwin Ray, Moody Merrill.
janitor.
Jonas Pierce, Jr.
latin and ENGLISH HIGH SCHOOL.
r This School is under the direction of a Board of Trustees, consisting o
the following gentlemen : —
George Putnam, President.
Charles K. Dillaway, Sec'y.
James Guild, Treasurer.
Theodore Otis,
Samuel P. Blake,
John S. Sleeper,
Joseph S. Ropes,
William S. Leland,
S. C. Thwing,
William C. Appleton,
James Ritchie,
John 0. Means.
WARDS. 133
WARDS,
As divided and established by the Board of Selectmen of the
Town of Roxbury, March 26, 1846.
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 ; thence
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.
134 WARDS.
WARD 4. Beginning at the division line between Roxbury
and Brookline on Washington Street ; thence on the southerly
side of Washington to the junction of Centre and Washington
Streets; thence crossing to Dudley Street on the southerly
side o"f 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
Leoiiurd Hyde's on Centre Street, being the division line be-
tween West Roxbury and Roxbury ; thence ia a direct line
to the division line between Brookline, Roxbury and West
Roxbury.
W^2D 5. Beginning at the Roxbury and Dorchester line
on Eustis Street ; theace 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 tarnpike to Seaver Street ; thence on the northerly side
of Seaver Street to Brush Hill Turnpike ; thence in a direct
line to Dorchester line.
WARD ROOMS.
Ward 1. Primary School House, Eustis Street.
" 2. Vestry Tremont Baptist Church, Ruggles Street.
" 3. Ward Room, Putnam Street.
" 4. Engine House, Centre Street.
" 5. School House, Winthrop Street.
nSTRUCTIOIS FOR WARD OFFICERS.
OF COUNTING VOTES.
1. Results of elections, how
determined.
2. Same subject.
3. Effect of i^Plurality Law.
To determine -. , ole num-
ber of ballots.
4. When an office is to be filled
by but one person, &c.
5. When an office is to be filled
by more than one per-
son, &c.
6. Whole nnraber of ballots*.
7. Same subject.
OF KEEPING WARD RECORDS.
1. Clerk to keep the records,
2. Warrant and return to be
copied and certii'ied. 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.
1. In order to determine the result of any electionResuits
•' of Elections,
of any civil ofiicer or officers of this Commonwealth, n°^ed'^^^''"
the whole number of persons who voted at such elec- ch^i'57, § i.
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 nmiiber 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^amesub-
•' ject, Ibid,
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.
136 INSTRUCTIONS FOR WAED OFFICERS.
piuraiuy ^' ^J ^liB establishing of the plurality law, in all
cases, in this Commonwealth, the difficulties which
formerly existed in determining the result of an elec-
mhie^whoie ^^^^ ^^^® ^^^^ almost entirely removed. Errors in
bX'tl.'"'^ regard to the whole number of ballots may, however
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.
^cl'isTo be 4. When an office is to be filled by but one person,
person, etc. as Govcmor, Lieutenant Governor, Register of Deeds,
County Treasurer, Mayor, Warden, Ward Clerk, &c.,
the whole number of ballots may be ascertained, cor-
rectly, after counting the votes for each candidate, by
addmg together all the votes cast for each candidate
for the same office.
When an 5. Whcu an offico is to be filled by more than one
office is to be
morei'^n porson, as Senators, Representatives, County Commis-
oiiepeison, gj^^gpg^ q^^^ Spccial Commissioncrs, 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
Setiators, 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.
INSTRUCTIONS FOR WARD OFFICERS. 137
6. The object of the law in ascertaining the whole ^y/'°|^ij^y.'"-
number of ballots, is to ascertain the whole number °'*'
of voters who vote for a candidate or candidates for
each office ; and therefore, if a person votes for only
one 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, same sub-
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 o?ie ballot for Aldermen, but not as a
ballot for Common Councilman, nor Inspectors of
Elections, &c., as frequently happens where the tickets
are taken as the ballots.
OF KEEPING WARD RECORDS.
1. It is the Clerk's duty to keep the records, and^^f^Jfg
they should be signed by him alone, and not by the '"'"'°'"'^'
Warden and Inspectors.
2. The warrant calling the meeting, and the ^fl^m
officer's return thereon, should be first copied on the and cenified!
book, and certified as true copies. The record should
then proceed in this form, varied to meet the circum-
stances of the case : —
" Pursuant to the foregoing warrant, the inhabitants S^^[l^fg°
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- p°"s
' " opened
ing was read by the Warden, who then called upon
the inhabitants of said Ward, qualified by law to vote,
to give in their ballots for the purposes expressed in
said warrant.
18
138 INSTRUCTIONS FOR WARD OFFICERS.
Polls closed, u _^t _ 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-
tions in the manner provided by law, the result was as
follows : —
"The whole number of ballots for Governor was ;
A. B. had ;
CD. had ;
Eiertion in ^The wholc uumbcr of ballots for Senators was ;
'^''''- E. F. had ;
G. H. had :"
[And so on through the whole list. When the
election is determined by each Ward alojie, as Com-
mon Councilmen, Warden, Inspectors, and Ward
Clerk, the record should be m,ade thus :)
^ng?i°wwd. "The whole number of ballots for Common Coun-
cilmen was ;
A. B. had ;
C. D. had ;
E. E. had ;
G. H. had -
7
And they are elected.
M.N. had ;
0. P. had ;"
(And so on through the list.)
Vote "The state of the ballots, as sorted, counted and
recorded as above m open Ward meeting, was de-
clared to the meeting by the Warden.
Kivld. " The meeting was then dissolved.
" A true record.
Clerk's X. Y. Z., Ward Clerk."
attestation. '
MODES OF APPOINTMENT OP CITY OPFICEES.
139
MODES ANDj TIMES OF APPOmXMENT
OF THE VARIOUS CITY OFFICERS.
City Clerk — in Convention,
Undertakers — Mayor and Aldermen.
Chief and Assistant Engineers — in Convention,
Commissioner of Streets — Mayor and Alder-
men, . . . . . .
Field Drivers, Fence Viewers, Pound Keeper,
Tj^hingmen, Sealers of Leather, Measurers
of Wood and Bark, Weigher of Hay, Sealer
of Weights and Measures, Weighers of
Cola, and Public Weigher, — Concurrent
vote, first acted upon by the Mayor and
Aldermen, ......
Officer to Complain of Truants — Mayor and
Aldermen, ......
Assessors — in Convention, ....
City Marshal, Policemen and Watchmen —
Mayor and Aldermen, ....
Constables — Mayor and Aldermen,
City Treasurer — in Convention,
Consulting Physicians — Concurrent vote of
both branches of the City Council, .
City Messenger — Concurrent vote,first elected
by the Mayor and Aldermen, »
Superintendent of Burial Grounds — Mayor
and Aldermen, .....
Superintendent of Public Buildings — Concur-
rent vote of both branches of City Council,
City Solicitor — Concurrent vote of both
branches of the City Council, .
City Physician — Concurrent vote of both
branches of the City Council, .
Harbor Master — Elected by City Council, .
January.
April.
January.
April.
January.
April.
January.
April.
January.
May or June.
April.
April.
February.
February.
May.
April.
140
VALUATION OF ESTATES
VALUATION OF ESTATES, AND NUMBER OF POLLS
IN ROXBURY, FROM 1836 to 1865.
1836
1837
1838
1839
1840
1841
1842
1843
1844
1845
1846
1847 ^
1.848
1849
1850
1851* •
1852
1853
1854
1855
1856
1857
1858
1859
1860
1861
1862
1863
1864
1865
$5,582,400
1,883
5,875,000
2,114
5,979,900
2,047
6,438,600
2,129
6,721,000
2,300
6,941,600
2,474
7,341,600
2,570
7,710,000
2,554
8,578,600
2,977
9,569,800
3,433
12,543,900
3,668
12,628,300
3,806
13,174,600
3,999
13,476,600
3,982
13,712,800
4,125
13,933,200
4,223
11,935,200
3,440
12,432,600
3,623
13,369,200
3,833
15,577,200
3,804
16,660,400
4,118
17,327,000
4,152
17,468,800
4,316
19,726,200
4,592
20,548,800
5,099
20,852,000
5,080
20,690,600
4,719
20,935,800
4,618
22,234,400
4,921
23,580,600
5,410
West Roxbury set off, 1851.
POPULATION OF
EOXBUEY, 141
POPULATION OF ROXBURY AT DIFFERENT PERIODS.
1765 .... 1,487
1790
2,226
1800
2,765
1810
3,669
1820
4,135
1830
5,247
1840
9,087
1850*
18,316
1855
18,477
1860
25,138
1865
28,426
* Including West Roxbury.
HISTORICAL LIST OF MEMBERS,
OF THE CITY COUNCII, OF EOXBTJUr SINCE THE ADOPTION OF
THE CITY CHAKTEK.
MAYORS.
John Jones Clarke, 1846.
Henry Alexander Scammel Dearborn, 1847, 48, 49, 50, 51.*
Samuel Walker, 1852, 53.
Linus Bacon Comins, 1854.
James Ritchie, 1855.
John Sherburne Sleeper, 1856, 57, 58.
Theodore Otis, 1859, 60.
William Gaston, 1861, 62.
George Lewis, 1863, 64, 65, 66.
ALDERMEN.
■- Elijah Lewis, 1846, 47.
Dudley Williams, 1846.
Laban Smith Beecher, 1846.
Moses Day, 1846.
Samuel Walker, 1846.
Samuel Jackson, 1846.
Prancis Chandler Head, 1846, 47, 48, 49, 50, 51.
William Keith, 1846, 47, 48.
Robert Gardner, 1847, 48.
Richard Ward, 1847, 48, 49, 50, 51.
William Bradbury Kingsbury, 1847, 48, 49, 50.
Calvin Young, 1847, 48, 49, 50, 51.
Nelson Curtis, 1847, 49, 50, 52, 53, 54, 56.
Benjamin Franklin Campbell, 1848, 52, 53.
Samuel Parkman Blake, 1848.
Daniel Jackson, 1849, 50, 65, 66.
John Lincoln Plummer, 1849, 50, 51.
William Mackintosh, 1849, 50.
George Curtis, 1851, 52, 53, 54.
Hiram Hall, 1851.
Theodore Dunn, 1851.
George Brown, 1851.
Abraham Gearfield Parker, 1852, 53.
Alvah Kittredge, 1852, 63.
Horace Williams, 1852, 53.
James Guild, 1852.
John Hunt, 1852.
John Sherburne Sleeper, 1853.
*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.
144 HISTORICAL LIST OF MEMBERS.
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 Howe Webber, 1855.
Francis Gardner, 1855.
William Davis Adams, 1855.
Benjamin Thompson, 1856, 57.
Charles Edward Grant, 1856, 57.
Joseph Gendell Torrey, 1856.
George Smith Griggs, 1856, 57.
Nahum Ward, 1856.
Jonathan Pratt Robinson, 1856.
Charles Carter Nichols, 1856, 57.
Walden Porter, 1857.
Joseph Houghton Chadwick, 1857.
Henry Willis, 1857. •
George Lewis, 1857, 58, 59.
William Sherman Leland, 1858.
John Codman Clapp, 1858, 59, 60.
Samuel Pearson, 1858.
Benjamin Simons Noyes, 1858, 59. ^
Uriah Tompkins Brownell, 1858.
Samuel Atwood Shurtleff, 1858.
Ivory Harmon, 1858, 63, 64.
William Bird May, 1859, 60.
Joshua Bentley Powle, 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, 65, 66.
Oliver Jenkins Curtis, 1861.
Isaac Sanderson Burrell, 1861.
Charles Stanwood, 1861, 62.
Robert Hale, 1861.
Samuel Crocker Cobb, 1861, 62.
A¥illiam Ricker Huston, 1862, 63.
Phineas Bean Smith, 1862, 63, 64.
John Henry Lester, 1862, 63.
Ariel Low, 1862.*
Moses Henry Day, 1863, 64, 65.
James Edson Adams, 1863, 64, 65, 66.
William Seaver, 1864, 65.
Richard Holmes, 1864, 65.
John Franklin Newton, 1864, 65, 66.
William Curtis Harding, 1865, 66.
William Bacon, Jr., 1866.
John McElroy, 1866.
Johh Felt Osgood, 1866.
'''Besigned, and Ivory Harmon was chosen to fill the vacancy.
HISTORICAL LIST OF MEMBERS. 145
PRESIDENTS OF THE COMMON COUNCIL.
Francis George Shaw, 1846.
Linas 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.
John Backup, 1865, 66.
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, 60, 59.
James Munroe, 1849, 50.*
Daniel Putnam Upton, 1851, 62, 53.
Reuben Winslow, 1851.
John Reed Howard, 1851.*
John Parker, 1852.
George Jefferds Lord, 1852, 53, 57.
Franklin Williams, 1853, 54, 55, 56, 67.
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, 1868.
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 Myers, 1863.
Roger Drury, 1863.
Augustus Lafayette Litchfield, 1864, 65, 66.
Alvin Gardner Bartlett, 1864, 65, 66.
* Resigned, and John Parker was elected to fill the vacancy,
t Eesijned, and William Morse was elected to fill the vacancy.
19
146 HISTORICAL LIST OP MEMBERS.
Joseph Moody Pike, 1865.
John Adams Scott, 1865, 66, •
Charles Lewis Kidder, 1866.
Waed 2.
Abraham Gearfield Parker, 1846, 47, 48.
George Smith Griggs, 1846, 47, 48.
Esdras Lord, 1846, 47, 48.
Thatcher Sweat, 1849, 50, 51.
Uriah Tompkins Brownell, 1849, 50, 51.
William Seaver, 1849, 50, 51.
John Milton Hewes, 1852, 53, 54.
Arial Ivers Cummings, 1852, 53.
Joseph Houghton, 1852, 53, 54.
Wilder Beal, 1852.
Phineas Colburn, 1853, 54, 56, 57.
Henry Basford, 1854.
John Morrill Marston, 1855, 59, 60.
Alvin Mason Robbins, 1855, 57, 61, 62, 63, 64.
William Hyde Palmer, 1855.
Benjamin Simons Noyes, 1855.
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, 65.
Square Gage Brooks, 1862, 63.
George Warren, 1862, 63, 64, 65.
William Bacon, Jr., 1864, 65.
John Backup, 1865, 66.
Lucius Banfield Wright, 1866.
Charles Theodore Lingham, 1866.
George Richards, 1866.
Wakd 3.
William James Reynolds, 1846, 47, 48, 49, 50.
William Greene Eaton, 1846, 47, 48.
John Landorff De Wolf, 1846.
William Augustus Crafts, 1847, 48, 49, 50, 51.
William Gaston, 1849, 50, 51, 52, 53.
Joseph Crawshaw, 1851.
True Russell, 1852, 61.
John Wells Parker, 1852, 53.
Calvin Barstow Faunce, 1852, 53.
William Lewis Hall, 1853.
Charles Bayley Bryant, 1854.
Horace King, 1854.
Obed Rand, 1854.
Alden Graham, 1854.
Robert Simpson, 1855.
Robert Webb Molineux, 1855.
William Ricker Huston, 1855.
HISTOEICAL LIST OF MEMBEES. 147
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.
Patrick Henry Rogers, 1858, 59, 63, 65, 66.
Thomas Jefferson Mayall, 1858.
John Metcalf Way, 1858.
Malcom McLaughlin, 1859, 60, 61.
W^illiam H. Ward, 1859, 60.
George Burrill Faunce, 1860, 61.
Patrick Robert Guiney, 1860.
John McElroy, 1861, 62, 63, 65.
Gotlieb Frederick Burkhardt, 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.
William Crocker Babbitt, 1865.
Michael Kelley, 1865, 66.
James Short, 1866.
John Downey, 1866.
Ward 4.
Alvah Kittredge, 1846, 47, 48, 49, 50, 51.
Joseph Nathaniel Brewer, 1846, 47, 48, 49, 60, 51, 52, 63,
James Guild, 1846.
Nathaniel Mayhew, 1847, 48, 49, 50.
George Davenport, 1851, 52.
George Lewis, 1852, 53.
Frederick Guild, 1852,
Charles Frederick Bray, 1853.
Henry Davenport, 1853, 54.
Joseph Bond Wheelock, 1854.
George William Tuxbury, 1854.
John Roulstone Hall, 1854, 57, 58, 59.
Samuel Atwood Shurtleff, 1855, 66, 57.
William Ellison, 1855.
Clark Ide Gorham, 1855.
Ebenezer Waters Bumstead, 1855, 56.
Daniel Wingate Glidden, 1856.
Alonzo Williams Folsom, 1856.
William Graham, 1857, 58.
James Augustus Tower, 1857, 58.
Hartley Erskine Woodbridge, 1858, 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.
Henry Newton Farwell, 1863, 64.
Francis W. Welch, 1863, 64.
148 HISTORICAL LIST OF MEMBERS.
Charles Houghton, 1865.
Peleg Eseck JEddy, 1865.
Francis Hunnewell, 1865, 66.
James Tolman, 1865, 66.
rreeman David Osgood, 1866.
Isaac Francis Atwood, 1866.
Ward 5.
Linus Bacon Comins, 1846, 47, 48.
Stephen Hammond, 1846, 48, 49.
Samuel Weld, 1846, 47.
Thomas Lord, 1847.
Samuel Walker, 1848, 49, 51.
Aaron Davis Williams, Jr., 1849, 50, 51.
Hiram Hall, 1850.
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, 63.
William Bird May, 1853, 54.
Walden Porter, 1854.
James Monroe Keith, 1854.
Henry Pinkham Shed, 1855, 57, 58.
Joseph Willett Bobbins, 1855.
John Wesley Wolcott, 1855.
James William Cashing, 1855, 56.
Robert Cofield Nichols, 1856, 57, 58.
John Thomas Ellis, 1856, 59.
William King Lewis, 1856, 57.
William Barton, 1857, 58.
Ebenezer Waters Bumstead, 1858, 59, 60.
Thomas Farmer, 1859.
John Dove, 1859.
Charles Davis Swain, 1860, 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, 1863, 64.
Nathaniel Oliver Hart, 1863.
William Curtis Harding, 1863.
John Jay Merrill, 1864, 66.
Christopher Tilden, Jr., 1864, 65.
Mitchell Leavitt, 1864, 65.
Augustus Parker, 1865.
Asa Wyman, Jr., 1865.
William Hobbs, Jr., 1866.
Ebenezer Alexander, 1866.
Solomon A. Bolster, 1866.
Ward 6.t
George James, 1846, 47.
Joseph Richards Weld, 1846.
CResig'ned, and Franklin Curtis elected.
I Wards S, 7 and 8, with parts of Wards 4 and 5, were set off and incorporated, by Act of
• Legislature, May 24, 185J, into the town of West Roxbury.
HISTOEICAL LIST OF MEMBERS. • 149
Calvin Young, 1846,
Franklin Fearing, 1847, 48.
George Henry Williams, 1847.
Atkins Augustus Clark, 1848, 49.
Enoch Nute, 1848.
John Flavel Jenkins Mayo, 1849, 50.
Jonas Barnard, 1849,50.
Hosea Ballou Stiles, 1850, 51.
William Henry Gray, 1851.
John. K-ichardson, 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, 60.
Ebenezer Whitten Stone, 1848, 49.
Ephraim Washington Bouve, 1849.
Jacob Phillips George, 1850, 51.
John Carroll Pratt, 1851.
William Davis Ticknor, 1851.
Wari> 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.
ABSENTEES from school, 92-94.
ACCEPTANCE of streets, 88, 89.
ACCOUNTABILITY of city officers touching city expenditures, 37-41.
ACCOUNTS, committee of, their duties, 37, 38.
names of, 121. *
committee of aldermen on, 123.
ALDERMEN, board of, to consist of eight persons, 4, 25.
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, 23, 25, 26.
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, 26.
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, 103, 104.
names of, for current year, 119.
standing committees of, 123.
ALMSHOUSE, superintendent and physician of, 125.
AMENDMENTS TO CITY CHARTER, 23-27.
APPOINTMENT of city officers, modes and times of, 139.
ASSESSORS, how elected, 11.
powers and duties of, 14.
names of, for current year, 124.
compensation, how fixed, 11.
name of clerk to, 125.
ASSISTANT ASSESSORS, how elected, 13.
duties of, 13, 14.
vacancies, how filled, 14, 23.
names of, 125.
152 INDEX.
AWNINGS, not to obstruct sidewalk, 48.
BARK, measurement and sale of, 15, 48.
names of measurers of, 129.
BLASTING OF ROCKS, 92.
penalty for violation of license, 92.
BUILDINGS, removal of, 89, 90.
BURIAL GROUNDS, see Cemetery.
regulations concerning the use of, 81-83.
superintendent of, 126.
BURIAL OF THE DEAD, 81-83.
CEMETERY, PUBLIC, 33.
name to be Forest Hills, 33.
form of Deeds for conveyance of lots, 33-37.
names of present commissioners, 125.
CERTIFICATES of elections, 7.
CHIEF ENGINEER, see Fire Department.
CITY BUILDINGS, to be under care of city council, 12.
CITY CHARTER, 3-22.
repeal of all acts inconsistent with, 22.
legislature may alter or amend, 22.
amendments to, 23-27.
CITY CLERK, see Clerk of City.
CITY COUNCIL, to consist of mayor, aldermen and common council, 3, 4.
how to be organized in absence of mayor elect, 9.
shall elect a treasurer and collector, chief engineer, clerk and assessors, 11.
shall appoint subordinate officers, 11.
shall require bonds from persons intrusted 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.
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, 20, 21.
shall elect city messenger, 59.
shall elect city solicitor, 59, 60.
shall elect city physician, 61.
shall elect superintendent of public buildings, 56.
shall elect harbor master, 63.
rules of, 113-118.
members of, for the current year, 119, 120.
joint standing committees of, 121-123.
INDEX. 153
CITY DEBT, how created, 118.
affirmative vote of two-thirds of the city council necessary, 118.
CITY MARSHAL, and his assistants, election, powers and duties, 71-74.
names of, for current year, 127.
CITY MESSENGER, how appointed, his duties, 59.
name of, for current year, 124.
CITY OFFICERS, modes and times of their appointment, 139.
CITY OF ROXBURY, first organization of its government, 19.
division into wards, 4, 25.
present government of, 119, 120.
CITY PHYSICIAN, how appointed, his duties, 61-63.
name of, for current year, 126.
CITY SEAL, device of, 30.
to be affixed to certain legal instruments, 90, 91.
CITY SOLICITOR, election, duties, and compensation, 59-61,
name of, for current year, 126.
CLAIMS, joint committee on, 122.
CLERK OF CITY, shall be clerk to board of aldermen, 12,
how elected, 11.
his oath of office, 12.
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, 17.
name of, for current year, 124,
CLERK OF COMMON COUNCIL, election of, 9,
name of, for current year, 124.
CLERK OF ENGINEERS, see Fire Depaktment.
CLERKS OF WARDS, election of, and term of office, 5, 23.
duties of, 5, 7, 17.
to preside in absence of warden, 5.
names of, for current year, 130.
COAL, sale and measurement of, 15. \
weigher of, name, 129.
COLLECTOR OF TAXES, how elected, 11.
duties of, 40, 41.
name of, for current year, 124.
COMMISSIONER OF STREETS, how appointed, 54.
duties of, 55, 56.
name of, for current year, 124.
COMMISSIONERS OF FOREST HILLS CEMETERY, names of, for
current year, 125.
COMMITTEE OF ACCOUNTS, their duties, 37.
COMMITTEES, STANDING, of city council, 121-123.
of aldermen, 123.
of common council, 124.
COMMON COUNCIL, with aldermen, compose the city council, 4.
20
154 INDEX.
COMMON COUNCIL, to be residents of their respective wards, 26.
how mdny to be chosen, 4, 26.
to receive no compensation, 4.
majority to constitute a quorum, 4.
election of, and term of office, 6, 23, 26.
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, 26.
sittings to be public, 11.
rules of, 105-112.
names of present members, 120.
standing committees of, 124.
COMMON SEWERS, ^ee Drains (Main) and Common Sewers.
CONSTABLES, appointed by mayor and aldermen, 11.
their bonds, 11.
names of, for current year, 127.
CONTUACTOR FOR REMOVAL OF NIGHT SOIL, name, 126.
CONTRACTS AND EXPENDITURES, ordinance relative to, 96.
CONVENTION of aldermen and common council, 8, 14.
CORONER, name of, for current year, 128.
CDUNTY 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.
CURB-STONES, see Edge-stones.
DEBT OF CITY, see City Debt.
DEEDS, LEASES, and other legal instruments, to be executed by the
mayor, 90, 91.
of cemetery lots, form of, 33-37.
DOGS, troublesome or mischievous, to be removed or destroyed, 95-96.
DRAINS, may be built by order of city council, 15.
DRAINS (MAIN) AND COMMON SEWERS, 74-77.
committee on sewerage, how elected, 74.
mayor and aldermen to locate and construct, by order of city council, 74.
to be laid in or near the middle of the street, 74.
mayor and aldermen to determine dimensions and material, 74.
standing committee on, to be appointed annually, 74.
particular drains to be constructed under direction of the mayor and
aldermen, 74, 75.
mayor and aldermen to cause owners of land, or their agents, to make
sufficient drains, if necessary, 75.
damages for neglecting to do this, when required, 75.
rain water may be conducted from buildings to drains without city
charge, 75.
no drain shall enter a common sewer without consent of city, 75, 76.
charge for permit, and damages for offending in the premises, 76.
INDEX. 155
DKAINS (MAIN) AND COMMON SEWERS—
superintendent of, to be chosen annually by city council, 76.
superintendent shall keep registers and accounts, 76.
estates benefited by drains, to be assessed for a portion of the cost, 77.
such assessments to be registered by superintendent, and collected by the
treasurer, 77.
no permit given until assessment is paid, 77.
ELECTIONS, of ward officers, 6.
of mayor, aldermen, and common councilmen, 7, 23, 26.
certificates of, by the clerk of the ward, 7.
proceedings in case of no election of mayor, 8, 9.
of aldermen, 8, 26.
of common council, 7, 26.
of city treasurer and collector, city clerk, assessors, and other subor-
dinate officers, II, 139.
of engineers, 11.
of foremen of fire engine companies, 68, 69.
of overseers of poor, 13, 23.
of school committee, 13, 23.
of county, state, and United States officers, 17.
of surveyors of highways, surveyors of lumber, measurers of wood and
bark, weighers of hay, &c,, sealers of weights and measures, field
drivers, fence viewers, pound keeper, and sealers of leather, 81, 139.
of city messenger, 59.
instructions for ward officers concerning elections, 135-138.
ENACTING STYLE of City Ordinances, 29.
ENGINEERS, see Fire Department.
ENGINEMEN, see Fire Department.
ENGINES, STEAM FIRE, see Fire Department.
ENROLMENT, committee of aldermen on, 123.
committee of common council on, 124.
EXPENDITURES for schools authorized, 91.
FEES of undertakers, 82.
FENCE VIEWERS, 81; names of, 129.
FIELD DRIVERS, 81; names of, 128.
FINANCE, election of committee on, and duties, 38, 39.
joint committee on, names of, 121.
FINES, see Penalties.
FIRE ARMS, unlawful discharge of, 46.
FIRE DEPARTMENT, Ordinance regulating, 64-71.
committee on the fire department to be appointed, 64.
engineers may employ or permit to sleep in house where hose or hook-
and-ladder is kept, &c., 66.
engine company to consist of, &c., 68.
appropriations for new engines, repairs, &c., how expended, 70, 71.
authority and duty of chief engineer, 66, 67.
purchases and repairs under direction of committee on, 70, 71.
chief engineer, election of, 11, 64.
156 INDEX.
FIRE DEPARTMENT—
chief engineer to be chairman of board of engineers, 65.
to examine into condition of the property, &c., 66.
to keep rolls of the respective companies, &c., 66.
to keep record of all fires, &c., 67.
name of, for current year, 126.
See Engineers.
engineers to be chosen annually in April, 64.
rank, determined by mayor and aldermen, 65.
to hold over one year, in certain cases, 64, 65.
to organize themselves into a board, 65.
to choose one of their number secretary, 65.
other duties of, 65, 66.
names, for current year, 126.
engine houses, may not assemble in, except, &c., 70.
election of chief engineer annually by city council, 11, 64.
to be chosen for one year and to hold till another is chosen, 64.
of assistant engineers, 64.
of foremen, assistant foremen, and clerks, 68, 69.
members of the fire department to be 21 years of age and citizensof th
United States, 67.
admittance and discharge of, to be returned to chief engineer, 67.
terms of service, 69.
may be dismissed or suspended, 69, 70.
compensation fixed by city council, 11, 69.
no pay except for three months' service, 67.
may be discharged by aldermen, 69.
their duties, 69.
shall wear badges, &c., 70.
names of members of committee on fire department, 122.
of chief and assistant engineers, 126.
officers of fire companies to be nominated by members in May, 68.
return to be made to board of engineers, 68.
in case of rejection by the board, another to be selected, 68.
if approved by board of aldermen, notice of appointment issued,
68, 69.
if upon rejection a suitable person is not nominated within one weeki
board of aldermen to nominate, 69.
may be discharged by aldermen, 69.
compensation, 11, 69.
repairs, &c., to be made by chief engineer, 70, 71.
rolls, chief engineer to keep, or cause to be kept, 66.
secretary of board of engineers, 65.
no company to leave the city in case of fire in neighboring towns, except
by express order, 70.
FOREST HILLS, see Cemetery, Public.
FUEL, committee on, how elected, and duties, 78.
INDEX. 157
FUEL, to be weighed or measured by city weigher or measurer, 78, 79.
names of joint committee on, 122.
GATES, not to swing into streets, 48.
GOATS, not to be kept without license, 53.
GOYERNMENT OF CITY, method of organizing, at first, 19.
annually, 8, 9.
present members of, 119, 120.
historical list of, 143-149.
GRADE OF STREETS, 88, 89.
GUNPOWDER, rules respecting, 98-102.
HARBOR MASTER, how appointed, and duties, 63, 64.
name of, current year, 126.
HAY, weighers of, 81; name, 129.
HEALTH, BOARD OF, powers of, vested in city council, 15.
concerning removal of nuisances or causes of sickness, 49-54.
sales of unwholesome meats, 53.
house offal and night soil, 83, 85.
tenements to have suitable vaults and drains, 51.
city marshal, or other person authorized by mayor, may examine build-
ings, for the purpose of investigating or removing nuisances, 53, 54.
consulting physicians may be appointed, 50, 51.
names of, for current year, 126.
present officers of the health department, 126.
HIGHWAYS, see Streets.
present surveyors of, 124.
HOSEMEN, see Fire Department.
HOUSE OFFAL AND NIGHT SOIL, removal of, 83-85.
INNHOLDERS, mayor and aldermen may license, 11.
INSPECTORS OF ELECTIONS, election, duties, and term of office, 5, 7
names of, for current year, 130.
INSTRUCTION, PUBLIC, joint committee on, 121.
INSTRUCTIONS for ward officers, 135-138.
JANITOR of School buildings, name, 131.
JUNK DEALERS, regulations concerning, 86, 87.
no person to be such without license, 86.
dealer to record circumstantially every purchase, — books subject to in-
spection, 86.
not to purchase of a minor or an apprentice, 86.
to exhibit a suitable sign on shop, 86.
to be open only between sun rising and setting each week-day, 86, 87.
not to carry on the business except where designated in license, 87.
penalty for violation of Ordinance, 87.
provisions of this Ordinance to be incorporated into every license, 87.
JURORS, list of, to be prepared, 24.
JUSTICE, see Police Court.
LAMPS, names of joint committee on, 122.
LICENSES, for dogs, 95, 96.
to innholders, &c., mayor and aldermen may grant, 11
158 INDEX.
LICENSES, committee of aldermen on, 123.
LICENSED HOUSES, mayor and aldermen may license innholders, &c,, 11.
LIQUOR AGENT, name, 129.
LIST OF JURORS, to be prepared, 24.
LIST OF VOTERS, to be prepared, 18.
LUMBER, city council may make by-laws for measurement and sale of, 15.
surveyors of, 81.
MARSHAL, CITY, to be appointed or removed by mayor and aldermen, 11.
when appointed — shall give bonds — authority and duties of, 71-74.
name of, for current year, 127.
assistants, 71, 74.
MAYOR, with aldermen and common council, to have government of city, 3, 4.
election of and term of office, 6, 23, 26.
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, 8.
duties of, 9-11.
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.
may be a commissioner 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, 90, 91.
name of the present mayor, 119.
•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.
may require bonds of constables, 11.
may license innholders, victuallers, and retailers, 11.
sittings of, to be public, except, &c., 11, 12.
shall prepare list of voters previous to elections, 18.
shall prepare list of jurors, 24.
shall warn public meetings on requisition of fifty voters, 19.
their powers and duties, touching fire department, see Fiee Department.
shall appoint undertakers, 81.
shall appoint commissioner of streets, 54.
shall appoint truant officers, 93.
may cause dwelling-houses, &c., to be numbered, 90.
shall constitute board of health, 49, 50.
shall take measures for preservation of public health, 49, 50.
may appoint consulting physicians, 50.
may grant licenses for building and for obstructing streets, 42.
INDEX. 159
MAYOR AND ALDERMEN—
names of the present aldermen, 119.
names of the standing committees, 123.
MEASURERS OE WOOD AND BARK, 81 ; names of, 129.
MEASURES AND WEIGHTS, sealers of, 81.
MEETINGS OF THE CITIZENS, may be held for certain purposes, 18, 19.
shall be duly warned by the mayor, &c., on requisition of fifty voters, 19.
MESSENGER, CITY, election and duties, 59.
name of present messenger, 124.
MILITARY AFFAIRS, joint committee on, 123.
MONEYS, PUBLIC, see Treasury.
city council may require bonds of persons receiving, keeping, or dis-
bursing, 12.
MONUMENTS FOR THE DEAD, 34.
NIGHT SOIL, removal of, 84, 85.
NIGHT WATCHMEN, names, 127, 128.
NOTICES AND PLACARDS, ordinance relating to, 97.
NUISANCES, see Health.
ordinance concerning, 49-54.
mayor and aldermen to constitute the board of health, 49, 50.
city marshal to have charge of the internal and external health police,
and to enforce all laws and ordinances relative thereto, and, under
the direction of the Mayor, abate any nuisance, 50.
consulting physicians to be appointed annually, 50.
every tenement to be furnished by the owner with sufficient drains and
vaults, — penalty, 51.
city marshal to keep a record of his proceedings, to make bills against
parties indebted, and deliver the same to treasurer for collection
51, 52.
no person to throw rubbish, &c., into the street, &c., 52.
parties deemed liable on violation of section, 6, 52, 53.
rubbish and filth to be removed by the owner or occupant of the house,
or place where improperly deposited, 53.
sale of tmwholesome meat, fish and vegetables, prohibited, 53.
no person to keep swine without a permit, 53.
city marshal, &c., may enter any building in the day-time to examine
into, destroy, remove or prevent any nuisance, 53, 54.
penalty for violation of this ordinance, 54.
NUMBERS to be affixed to dwelling-houses, &c., 90.
OBSTRUCTION OF WAYS, 42.
OFFAL, removal of, 83.
name of superintendent of house offal department, 125.
OFFICERS OF CITY, names of present, 119-129.
names of former, 143-149.
subordinate, elected by city council, 11.
modes and times of their appointment, 139.
ORDINANCES, manner of recording, 29.
160 INDEX.
ORDINANCES, methodof promulgation, 29.
enacting style of, 29.
ORGANIZATION OF CITY GOVERNMENT, at first, 19.
annual, 8, 9.
OVERSEERS OF POOR, election of, 13, 23.
mayor to be ex-officio one of this board, 13.
powers and duties, 13.
vacancies, how to be filled, 14.
names of the present board, 125.
agent of, 125.
PARKS AND SQUARES, joint committee on, 123.
PAWNBROKERS, regulations concerning, 87, 88.
no person to act as such without license, 87.
every article received to be fully recorded, subject to inspection, 87.
not to receive any article in pawn from a minor or an apprentice, and
all articles to be subject to examination, &c., 87, 88.
business to be carried on only in place designated in license, 88.
penalty, 88.
provisions of this ordinance to be incorporated in each license, 88.
PENALTIES AND FINES, how to be recovered, 15-17.
power of city council to impose, 20, 21.
PHYSICIAN, CITY, election and duties of, 61-63.
name of, for current year, 126.
consulting, appointment of, 50.
names of, for current year, 126.
POLICE COURT, name of justice of, 127.
to have jurisdiction in cases of truancy, 93.
name of special justice, 127.
name of clerk, 127.
POLICE DEPARTMENT, administration of, in mayor and aldermen, 10.
police officers appointed and removed by mayor and aldermen, 11.
names of present members of, 127, 128.
POLLS, number of, in past years, 140.
POOR, overseers of, 125 ; see Overseers op Poor.
POPULATION OF ROXBURY, at different times, 141.
POUND KEEPER, 81 ; name of, 129.
PRESIDENT OF COMMON COUNCIL 9, 120.
PRINTING, joint committee on, 123.
PUBLIC BUILDINGS, duties of superintendent of, 56-58.
name of superintendent, for current year, 124.
PUBLIC CEMETERY, 33.
PUBLIC INSTRUCTION, joint committee on, 121.
PUBLIC PROPERTY, committee on, how elected, and duties, 79, 80.
name of joint committee, 121.
QUORUM, a majority shall constitute a, 4.
RECORD OF STREETS, 89.
REMOVAL OF BUILDINGS, regulations for, 89, 90.
INDEX. 161
REPRESENTATIVES, number how determined, 17.'
mode of election, 17, 18.
ROADS, see Streets or Ways.
ROCKETS, SQUIBS, &c., 46.
ROCKS, blasting of, 92,
ROXBURY, see City of Roxbury.
RULES AND ORDERS, of board of aldermen, 103, 104.
of common council, 105-112.
of city council, 113-118.
RULES respecting storage, safe-keeping and transportation of gunpowder,
98-102.
SCHOOL COMMITTEE, election of, 13, 23.
how vacancies in shall be filled, 14, 23.
shall have care and superintendence of schools, 13.
shall have charge of appropriations for salaries of teachers, 91.
may provide articles, with exception of fuel, not exceeding fifty dollar
91.
names of, for current year, 131.
SCHOOLS, shall be under superintendence of school committee, 13.
truant children and absentees, 92-94.
powers of school committee in relation to, 91.
powers of committee on public property in relation to, 79.
names of teachers of music and drawing, 131.
SEALERS, of leather, 81 ; names of, 129.
of weights and measures, 81.
SEAL OF CITY, 30.
to be affixed to certain legal instruments, 90, 91.
SEWERS, COMMON, may be constructed by order of city council, 15.
superintendent of, name of, 124.
joint committee on, names of, 121.
see Drains (Main) and Common Sewers.
SIDEWALKS, snow and ice to be removed from, 94, 95,
not to be obstructed by groups of persons, 48, 49.
SNOW AND ICE to be removed from sidewalks, 94, 95.
SOLICITOR, CITY, see City Solicitor.
SPECIAL POLICE, names of, 128.
STATE OFFICERS, how to be voted for, 17, 18.
STREETS, may be laid out by city council, first action by aldermen, 14.
recovery of damages caused by laying out or altering, 14, 16.
acceptance of, 88, 89.
new, not to be accepted unless forty feet wide, 88.
until grade is determined, &c., 88.
separate record to be kept, 89.
ordinance to prevent unlawful and injurious practices in, 41-49.
not to be obstructed, by digging, &c., except, &c., 41, 42,
mayor and aldermen may license obstructions, 42.
precautions for security of passengers, 42.
21
162 INDEX.
«
STREETS—
cellar ways, wells, &c., to be properly guarded, 42, 43.
carts and other vehicles not to obstruct streets, 43.
sidewalks and street crossings not to be obstructed, 43, 44.
fast and careless driving of horses forbidden, 44.
rubbish not to be put in streets, 44, 45.
streets and sidewalks not to be encumbered with fuel, 45.
buildings not to be moved through streets without license, 45.
ice and snow thrown into street, to be spread about, 45.
swimming, exposed to view from street, forbidden, 45, 46.
games of chance in street, forbidden, 46.
no person to sell fruit, &c., in street, &c., without license, 46.
discharge of fire-arms within fifty rods of any building, forbidden, 46.
explosion of crackers, &c., in street, &c., forbidden ; also bonfires, 46
disorderly conduct, of various kinds, forbidden, 46, 47.
water from spout, not to be cast on passengers, 47.
lamp-posts, trees, fences, &c., not to be injured, 47.
posts not to be erected in any street, &c., except, &c., 47, 48.
awnings to be at least 7k feet high, and not to extend, &c., 48.
horses not to go at large, 48.
three or more persons not to stand in a group on sidewalk, 48, 49.
no person to remove snow or ice from any street, without leave, 49.
salt, pickle, brine, &c., not to be sprinkled in streets without leave, 49.
prosecution and penalty of infraction of ordinance, 49.
cattle, horses, &c., not to graze in, 48,
blasting of rocks, &c., forbidden, without license, 92.
riding upon back of vehicles forbidden, 48.
gates not to swing into street, 48.
surveyors of highways, how elected, 81.
names of, 124.
commissioner of streets, appointment and duties, 54-56.
name of, for current year, 124.
joint committee on, their names, 122.
SUPERINTENDENT of almshouse, name, 125.
of sewers, name, 124.
of burial grounds, name, 126.
of public buildings, 56-58 ; name, 124.
SURVEYORS OF HIGHWAYS, election of, 81.
names of, 124.
SWIMMING and bathing, when exposed to view, forbidden, 45, 46.
SWINE, not to be kept without a permit signed by the city marshal, 53.
TAXES, assessment, apportionment, and collection of, 14, 40, 41.
TOMBS AND GRAVES not to be constructed or dug within the city, 83
TREASURER AND COLLECTOR, election of, 11.
compensation fixed by city council, 11.
shall collect and receive accounts due to city, 40.
shall give bonds for forty thousand dollars, 39.
INDEX. 163
TREASTJIIEE AND COLLECTOR—
shall keep neat and orderly accounts, 39, 40.
name of, for current year, 124.
clerk, name, 124.
TREASURY, no money to be paid from, but on order of the mayor, 38.
department, names of treasurer, assessors, &c., 124, 125.
TRUANT CHILDREN, may be fined or committed to almshouse, 92, 93.
TRUANT OFFICERS, appointment of, 92-94.
names, for current year, 128.
TRUSTEES Latin School, names of, 131.
UNDERTAKERS, appointed by mayor and aldermen, 81.
duties of, 81-83. .
fees of, 82.
names of, 126.
VACANCIES, in overseers of poor, school committee, and assistant asses-
sors, how to be filled, 14.
VALUATION OF ESTATES, total, in past years, 140.
VAULTS, regulations concerning, 51.
VICTUALLERS, mayor and aldermen may license, 11.
VOTERS, lists of, to be prepared, 18.
see Elections.
WARDEN, election of, and term of office, 5, 6, 23.
shall preside at ward meetings, 5.
shall take and administer oath of office, 5.
shall sign certificates of election, 7.
names of, for current year, 130.
WARD MEETINGS, how conducted, 5, 6.
may be adjourned, and when, 7.
issue of warrants for, 6.
form of warrants for, 31, 32.
WARD OFFICERS, instructions for, 135-138.
names of, for current year, 130.
WARD ROOMS, where, 134.
WARDS, division of the city into, 4, 25.
boundaries of, 133, 134.
may be altered, if necessary, once in five years, 4, 25,
WARRANTS, for public meetings, 6.
form of ; service and return of, 31, 32,
WATCHMEN, compensation fixed by mayor and aldermen, 11,
names of, 127, 128,
WATERING STREETS, joint committee on, 123.
WAYS, city council may lay out, &c., 14.
see Streets.
WEIGHERS OF HAY, 81.
name of, 129.
WOOD AND BARK, sale and measurement of, 15, 81.
measurers of, 129,
Nov 25 191^
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