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

BOSTON PUBLIC LIBRARY 




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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^