BOSTON PUBLIC LIBRARY
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Given By
City of Boston
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A
MUNICIPAL REGISTER
CONTAINING
PvULES AND ORDERS
OF
THE CITY COUNCIL,
RECENT
ORDINANCES AND LAWS,
AND A
LIST OF THE MUNICIPAL OFFICERS
OF THE
CITY OF BOSTON,
FOR
18 4 1.
BOSTON:
JOHN H. EASTBURN, CITY PRINTER,
No, 18 State Street.
1841. .%
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RULES AND ORDERS
OF THE
COMMON COUNCIL.
Rights and Duties of the President.
Sect. 1. The President shall take the chair pre-
cisely at the hour to which the Council may have ad-
journed ; he shall call the members to order, and on
the appearance of a quorum, shall cause the minutes
of the preceding meeting to be read, and proceed to
business. In the absence of the President, the old-
est member present shall call the Council to order,
and preside until a President pro tempore shall be
chosen by ballot. If upon a ballot for President pro
tempore, no member shall receive a majority of the
votes given in, the Council shall proceed to a second
ballot, in which a plurality of votes shall prevail.
Sect. 2. He shall preserve decorum and order ;
he may speak to points of order in preference to oth-
er members, and shall decide all questions of order,
subject to an appeal to the Council, on motion of any
member, regularly seconded.
4 Rights and Duties of the President.
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
voting in the affirmative and negative, to rise and
stand until they are counted, and he shall declare the
result.
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 con-
tinue longer than one meeting. When the Council
shall determine 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 sliall 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. Wlien any member shall require a ques-
tion to be taken by yeas and nays, the President shall
take the sense of the Council in that manner, provid-
ed 07ie third of the members present are in favor of it.
Sect. 7. 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
the longest time, shall be put first.
Sect. 8. After a motion is seconded, and stated
by the President, it shall be disposed of by vote of
Rights and Duties of Members.
the Council, unless the mover withdraw it before a
decision, or amendment.
Sect. 9. The President shall consider a motion
to adjourn, as always in order, unless a member has
possession of the floor, or any question has been put
and not decided ; and it shall be decided without de-
bate.
i^ECT. 10. He shall put the previous question in
the following form : '' Shall the main question be
now put ?" — and all amendments or further debate of
the main question shall be suspended, until the pre-
vious question be decided ; and the previous question
shall not be put, unless a majority of the members
present are in favor of it.
Sect. 11. When two or more members happen
to rise at the same time, the President shall name the
member who is first to speak.
Sect. 12. All Committees, except such as the
Council determine to select by ballot, shall be nomi^
nated by the President.
Rights and Duties of Members.
Sect. 13. 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 ques-
tion under debate and avoid personality. He shall
sit down as soon as he has done speaking.
1*
Rights and Duties of Members.
Sect. 14. No member, in debate, shall mention
another member by his name : but may describe him
by the ward he represents, the place he sits in, or
such other designation as may be intelligible and re-
spectful.
Sect. 15. No member speaking, shall be inter-
rupted by another, but by rising to call to order, or to
correct a mistake. But if any member in speaking,
or otherwise, transgress the Rules of the Council, the
President shall, or any member maij, call to order ;
in which case, the member so called to order, shall
immediately sit down unless permitted to explain ;
and the Council, if appealed to, shall decide on the
case, but without debate.
Sect. 16. When any member shall violate any of
the Rules and Orders of the Council, and the Coun-
cil shall have determined that he has so transgressed,
he shall not be allowed to speak, unless by way of
excuse for the same, until he has made satisfaction.
Sect. 17. No member shall speak more than twice
to the same question, without first obtaining leave of
the Council ; nor more than once, until all other
members, choosing to speak, shall have spoken.
Sect. 18. When a motion is made and seconded,
it shall be considered by the Council, and not other-
wise ; and no member shall be permitted to submit a
motion in w^riting, until he has read the same in his
place, and it has been seconded.
Sect. 19. When a question is under debate, no
motion shall be received, but to adjourn ; to lie on the
table ; for the previous question ; to postpone to a
Mights and Duties of Memheii^s,
day certain ; to commit ; to amend ; or to post-
pone indefinitely ; which several motions shall have
precedence, in' the order vi^hich they stand arranged.
Sect. 20. Every motion shall be reduced to writ-
ing, if the President direct, or any member of the
Council request it.
Sect. 21. When a motion has once been made,
and carried in the affirmative or negative, it shall be
in order for any member to move for a reconsidera-
tion, and if such motion is seconded, it shall be open
to debate, and be disposed of by the Council. And
in case the motion be made at the same meeting, it
shall be competent for a majority of the members
present to pass a vote. of reconsideration ; but if it be
not made until the next meeting, the subject shall
not be reconsidered unless a majority of the whole
number of Common Councilmen shall vote therefor.
But no more than one motion for the reconsideration
of any vote shall be permitted.
Sect. 22. No member shall be permitted to stand
up, to the interruption of another, whilst any mem-
ber is speaking; or to pass unnecessarily between
the President and the person speaking.
Sect. 23. Every member who shall be in the
Council, when a question is put, shall give his vote,
unless the Council, for special reasons, excuse him.
Sect. 24. On the ' previous question,' no mem-
ber shall speak more than once without leave.
Sect. 25. A motion for commitment, until it is
decided, shall preclude all amendment to the main
question.
8 Of Communications, Committees, &fc.
Sect. 26. All motions and reports may be com-
mitted or recommitted, at the pleasure of the Council.
Sect. 27. The division of a question may be
called for when the sense will admit of it
Sect. 28. 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. 29. No standing rule or order of the Coun-"
cil 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. 30. Every member shall take notice of the
day and hour to which the Council may stand ad-
journed, and shall give his punctual attendance ac-
cordingly.
Sect. 31. No member shall be obliged to be on
more than two committees at the same time, nor to
be chairman of more than one.
Of Communications, Committees, Reports, and
Resolutions.
Sect. 32. All memorials and other papers, ad-
di*essed to the Council, shall be presented by the Pre-
sident, or by a member in his place, who shall ex-
plain the subject thereof, and they shall lie on the
Of Commurdcations, Committees, ^c. 9
table, to be taken up in the order in which they are
presented, unless the Council shall otherwise direct.
Sect. 33. Standing Committees s'lall be appoint-
ed on the following snbjects, viz : on the Finances, on
Public Instruction, and on the Houses of Industry,
Correction and Reformation, each to consist of seven
members ; on Elections and Returns ; on Enrolled
Ordinances and Resolutions, and on Public Buildings,
each to consist of five members.
Sect. 34. No Committee shall sit during the sit-
ting of the Council, without special leave.
Sect. 35. The rules of proceeding in Council
shall be observed in committee of the whole, so far as
they may be applicable, excepting the rules limiting
the times of speaking; but no member shall speak
twice to any question, until every member choosing
to speak shall have spoken.
Sect. 36. In all elections by ballot, of Commit-
tees of the Council, the person having the highest
number of votes shall act as Chairman ; and when the
Committee is nominated by the Chair, the person first
named shall be the Chairman ; but in case of his ab-
sence, the Committee shall have power to appoint a
Chairman pro tempore. When a Committee is cho-
sen by ballot, and no one of the members chosen shall
appear to be Chairman, according to the ballots given
in, the President shall appoint a Chairman. When a
Committee is appointed consisting of one member
from each ward, the first meeting thereof shall be no-
tified by the Clerk, by direction of the President ;
and the Committee shall then appoint a Chairman.
10 Of Communications^ Committees^ ^-c.
Sect. 37. All messages to the Mayor and Alder-
men shall be drawn up by the Clerk, and sent by the
Messenger.
Sect. 3S. All ordinances, resolutions, and orders,
shall have two several readings, before they shall be
finally passed by this Council ; they shall then be en-
rolled by the Clerk, and the Committee on Enrolled
Ordinances shall, as soon as may be, examine them,
and certify on the back thereof that they are duly
enrolled.
Sect. 39. No ordinance, order or resolution im-
posing penalties, or authorising the expenditure of
money, shall have more than one reading on the same
day.
Sect. 40. The seats of the Common Council
Board shall be numbered and determined by lot ; and
no member shall change his seat but by permission of
the President.
Sect. 41. All Committees of this Council shall
consist of three members, unless a different number
be especially ordered. And no report shall be receiv-
ed from any committee, unless agreed to in commit-
tee actually assembled.
Sect. 42. The Clerk shall keep brief minutes of
the votes and proceedings of the Council, — entering
thereon all accepted Orders and Resolutions : — shall
notice Reports, Memorials, and other papers submit-
ted to the Board, only by their titles, or a brief de-
scription of their purport ; but all accepted Reports
shall be entered at length in a separate journal to be
kept for that purpose, and provided with an index.
Joint Rules of both Boards. 1 1
Sect. 43. All salary officers shall be voted for by
written ballot.
Sect. 44. Members of the Council may attend
meetings of any of its committees, but shall not exer-
cise the privilege of voting.
Sect. 45. It shall be the duty of the Clerk of the
Common Council, to attend the meetings and to keep
the records of Committees requiring that service,
whether Joint Committees or Committees of this
Board, and he shall provide suitable blank books
for that purpose. And the said Clerk shall have the
custody of the minutes so kept, which, hke all the
other records, shall be subject to the inspection of the
members of the City Council.
Sect. 46. No meeting of any committee shall be
called upon less notice than twenty-four hours.
Sect. 47. In all elections by ballot, on the part
of the Common Council, blank ballots shall not be
counted in making up the returns.
Joint Rules of both Boards.
1. In every case of an amendment of an ordi-
nance agreed to in one Board and dissented from in
the other, if either Board shall request a conference,
and appoint a Committee of Conference, and the oth-
er Board shall also appoint a Committee to confer,
such Committee shall, at a convenient hour, to be
agreed upon by their Chairman, meet and state to
12 Joint Rules of both Boards.
each other verbally or in writing, as either shall
choose, the reasons of their respective Boards, for
and against the amendment, confer freely thereon,
and report to their respective branches.
2. When either Board shall not concur in any or*
dinance sent from the other, notice of such non-con-
currence shall be given by written message.
3. Either Board may propose to the other, for its
concurence, a time to which both Boards will adjourn.
4. All by-laws passed by the City Council shall
be termed *' Ordinances," and the enacting style shall
be: — Be it ordained by the Mayor, Aldermen, and
Common Council of the City of Boston, in City Coun-
cil assembled.
5. In all votes, when either or both branches of
the City Council expresses any thing by way of com-
mand, the form of expression shall be " Ordered ;"
and whenever either or both branches express opin-
ions, principles, facts or purposes, the form shall be
" Resolved."
6. In the present and every future financial year,
after the annual order of appropriations shall have
been passed, no subsequent expenditure shall be au-
thorized for any object, unless provision for the same
shall be made by a special transfer from some of the
appropriations contained in such annual order, or by
expressly creating therefor a City debt ; in the latter
of which cases the order shall not be passed, unless
two-thirds of the whole number of each branch of the
City Council shall vote in the affirmative, by vote
taken by yea and nay.
Joint Rules of both Boards. 13
7. Joint Committees shall cause records to be
kept of their most important proceedings. No Com-
mittee shall act by seperate consultations, and no re-
port shall be received, unless agreed to in committee
actually assembled.
8. All reports and other papers, submitted to the
City Council, shall be written in a fair hand, and no
report or endorsement of any kind shall be made on
the reports, memorials or other papers referred to the
Committees of either branch. And the Clerks shall
make copies of any papers to be reported by Commit-
tees, at the request of the respective Chairmen thereof.
9. No Committee shall enter into any contract
with, or purchase, or authorize the purchase of any
articles of any of its members.
10. 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 bv the Committee.
14
ORDINANCES
An Ordinance to regulate the sale and admeasure-
ment of Wood and Bark for fuel, brought into the
City of Boston, by water. [Repealed June 4,
1840.]
An Ordinance providing for the more regular collec-
tion of debts due to the City of Bo^to^
Be it ordained by the Mayor, Aldei^men and Com-
mon Council of the City of Boston, in City Coun-
cil assembled, That in all cases where specific pro-
vision is not now made either by the laws of the
Commonwealth or by the Ordinances of the City for
the collection of debts due to the City — whether for
the principal or interest of any note or bond, or aris-
ing from any assessment, contract or account, or in
any other manner whatever — if the party owing such
debt shall not within sixty days after demand made,
pay the same, such claim of the City shall be placed
by the Treasurer or the Auditor of Accounts — as the
case may be — in the hands of the City Solicitor —
who shall forthwith put the same in suit : — Provided
however, That where in the judgment of the Mayor
and Aldermen the interests of the City require they
may direct any debt due to the City, to be put in suit
at any time after the same may become due.
[Passed February 23d, 1835.]
ORDINANCES. 15
An Ordinance farther to provide for a system of
accountability in the concerns of the City.
Sect. 1. Be it ordained by the Mayor, Alder-
men and Common Council of the City of Boston, in
City Council assembled, That it shall be the duty of
the City Clerk, the Auditor of Accounts, the City
Marshal, the Weighers of Hay, and the Superintend-
ent of Burials, respectively, to pay over to the City
Treasurer as often at least as once in three months,
all moneys which they shall receive belonging to the
City, and that all other officers authorized to collect
such moneys shall pay the same over to said Treas-
urer as soon as they may be collected.
Sect. 2. Be it further ordained, That it shall be
the duty of the City Clerk, the Auditor of Accounts,
,the City Marshal, the Weighers of Hay, and the Su-
perintendent of Burials, respectively, as early as may
be in the months of February, May, August, and No-?
vember, in every year, to lay before the City Council
a statement of the whole amount of moneys which
shall have been received at their respective offices,
during the three preceding months ; specifying in de-
tail the sums received from each source of income —
they shall also report the amounts, if any, which re-
main due to the City, and unpaid, and generally, any
other information which they may possess, in relation
to the said statement.
Sect. 3. Be it further ordained, That it shall be
the duty of the Auditor of Accounts to lay before the
City Council annually in the month of May, a sched-
ule of all the leases of City property, specifying sever-
ally the names of the lessees, the rates of rent, and the
periods when the leases will terminate. He shall also
in the month of February annually, lay before said
Council, an estiniate of the amount of money neces-.
16 ORDINANCES.
sary to be raised for the ensuing year, under the re-
spective heads of appropriation, and shall on or before
the first day of July annually, make and lay before
said Council, a statement of all receipts and expendi-
tures of the past financial year, giving in detail, the
amount of appropriation and expenditure for each
specific object, the receipt from each source of in-
come, and the operations of the Committee on the
Reduction of the City Debt ; the whole to be arrang-
ed, as far as practicable, to conform to the accounts
of the City and County Treasurer, so that their coin-
cidence may be apparent ; and said statement shall
be accompanied by a schedule of the property be-
longing to the City, and also by an exhibit shewing
the debts due by the City, the rates of interest there-
on, and the years in which the same will become due.
The Auditor shall also open an account with the
Treasurer of the City, wherein said Treasurer shall
be charged with the whole amount of taxes placed in
his hands for collection, also the whole amount, in
detail, of all bonds, notes, mortgages, leases, rents,
interest, and other sums receivable, in order that the
value and description of alt personal property belong-
ing to the City may be at any time known at the
office of the Auditor.
Sect. 4. Be it fu7'ther ordained, That there shall
be annually appointed in the month of May, a Joint
Committee to consist of two on the part of the Board
of Aldermen and three on the part of the Common
Council, whose duty it shall be to examine, audit and
settle the accounts of the City and County Treasurer
for the preceding financial year ; and said Committee
shall not only compare said accounts with the vouch-
ers thereof, but shall ascertain whether all sums due
to the City have been collected and accounted for ;
they shall also examine the notes, bonds and other
securities, belonging to the City and make a full and
ORDINANCES. 17
particular report of their proceedings to the City-
Council.
Sect. 5. Be it further ordained, That the sixth
section of " An Ordinance establishing a system of
accountability in the expenditures of the City" bCj
and the same is hereby repealed ; and that the eleventh
section of " An Ordinance to provide for the care
and management of the Public Lands" be, and the
same is hereby so far altered, as that the money,
notes, bonds, mortgages, and securities for moneys
therein mentioned, shall, after being entered on the
books of the Auditor of Accounts, be paid to and de-
posited with the City Treasurer.
[Fassed July 21th, 1835.]
An Ordinance concerning the assessment and collec-
tion of Taxes.
Sect. 1 Be it ordained by the Mayor, Alder-
me?i and Common Council of the City of Boston,
in City Council assembled, That in the month of
March or April annually, there shall be chosen by
ballot, by concurrent vote of the City Council, twenty
seven persons to be Assessors of Taxes ; three of the
said Assessors, who shall be called the Principal As-
sessors, shall be elected from among the citizens at
large ; and the remaining twenty-four, who shall be
called Assistant Assessors, shall be elected from among
the residents of the respective wards, two being elect-
ed from each ward ; and in case of any vacancy in
either of the said offices, by death, resignation, or
otherwise, a successor shall be forthwith chosen in
the manner above provided ; and each of the said
officers shall be removable at the pleasure of the
City Council.
18 ORDINANCES-
Sect. 2. Be it further ordained, That all the
said Assessors shall, as soon as practicable after their
election, meet and organize themselves as one Board,
by the choice of a Chairman and Secretary : and a
majority of the members present at any meeting shall
constitute a quorum for the purpose of such organiza-
tion and for the transaction of any business.
Sect. 3. Be it further ordained, That the said
Principal Assessors shall, except where otherwise pro-
vided for by this ordinance, perform all the services
which are now performed by the Permanent Assessors,
and they shall be entitled to such salary as the City
Council may from time to time determine.
Sect. 4. Be it farther ordained, That it shall be
the duty of the Assistant Assessors to visit, in compa-
ny with one or more of the Principal Assessors, the
different estates in their respective wards, and to assist
the Principal Assessors in taking a list of tlie polls,
and in making a valuation of the personal property
and real estate in their said wards.
Sect. 5. Be it further ordained, That the said
Assessors shall assess upon the owners of real estate,
lying within the City, the amount of taxes for which
such estate may be taxable : Provided, that in any
case where the Assessors may deem it to be more for
the public interest to assess the tenant or occupant,
instead of the owner of such real estate, they may so
assess such tenant or occupant ; and provided atso,
that nothing contained in this ordinance shall affect
the rights which owners and tenants may have, be-
tween themselves respectively, by reason of any agree-
ment made between them concerning the real estate
taxable to them as aforesaid.
Sect. 6. Be it further ordained, That the said
Assessors may, in their discretion, transfer the amount
of taxes assessed on real estates not owned at the
time of assessment by the persons charged with such
ORDINANCES. 19
taxes, to the persons by whom the said real estates
were owned at that time.
Sect. 7. Be it further ordained, That all per-
sonal estate, of which no schedule shall have been
given to the i^ssessors, shall be doomed at a legal
meeting of the Assessors.
Sect. 8. Be it further ordained, That all abate-
ments of taxes shall be made at a legal meeting of the
Assessors, and shall be recorded by them ; and the
record thereof shall contain the name of each person
whose taxes shall be in whole or in part abated, and
the amount originally assessed to such person, and the
amount of the abatement allowed to him ; and the
reasons for such abatement shall be stated on the said
record against the name of such person ; and the said
record shall be laid before the City Government, as
soon as may be, and in every year before the election
of Assessors for the ensuing year.
Sect. 9. Be it further ordained, That the As-
sessors shall issue the tax bills for taxes assessed on all
persons (except those upon whom the poll tax only
shall be assessed) on or before the first day of Sep-
tember in each year; and the City Treasurer shall,
witliin sixty days thereafter, issue his summons to each
person assessed and whose taxes shall not have been
wholly abated; and if such person shall not pay his
taxes within ten days after the receipt of such sum-
mons or after the service thereof upon him in the
usual form, the said Treasurer shall issue his warrant
for the collection of said taxes according to law.
Sect. 10. Be it further ordained, That the As-
sessors shall forthwith issue the tax bill for poll taxes
assessed upon each person who shall be assessed for a
poll tax only, as soon as the amount of such poll tax
shall be ascertained ; and such poll tax shall be paid
when demanded ; and in case of neglect or refusal to
pay the same^ the Treasurer shall forthwith proceed
20 ORDINANCES.
to collect the same according to the provisions of the
statutes of this Commonwealth respecting the collec-
tion of taxes from delinquents.
Sect. 11. Be it further ordained, That the As-
sessors and Assistant Assessors now in office shall re-
spectively exercise all the powers and be subject to all
the duties and liabilities of Principal Assessors and
Assistant Assessors as prescribed by this Ordinance,
until new elections shall take place in pursuance of
the same, in the year one thousand eight hundred and
thirty-seven.
Sect. 1*2. Be it further ordained, That "An
Ordinance concerning the assessment and collection
of taxes," passed on the twenty-first day of October
in the year one thousand eight hundred and thirty-
three, and " An Ordinance for fixing the number and
providing for the choice of Assessors," and all By-
laws of the Town of Boston, and all Ordinances of
the City of Boston, on the subject of taxes be, and
the same hereby are repealed, excepting so far as
may be necessary for the assessment and collection of
any tax already ordered : Provided, always, that all
officers now appointed by virtue of said Ordinances,
and respecting whom no provision is otherwise made
in this Ordinance, shall continue to hold their respec-
tive offices until others are chosen in their places.
[Passed May I6th, 1836.]
An Ordinance in addition to an Ordinance to regulate
the interment of the dead.
Sect. 1 . Be it ordained by the Mayor, Alder-
men and Common Council of the City of Boston,
in City Council assembled. That no person shall re-
move out of the City, the body of a deceased person
for interment, without having first obtained a license
ORDINANCES. 21
SO to do, from the Superintendent of Burials ; and it
is hereby made the duty of said Superintendent to
grant the same, unless some good cause should appear
for refusal.
Sect. 2. Be it further ordained, That any per-
son who shall offend against the provisions of the
preceding section, shall forfeit a sum not exceeding
twenty dollars.
[Passed April 20tli, 1837.]
An Ordinance establishing the OfRce of Superintend-
ent of the Boston South Bridge.
Sect. 1 . Be it ordained by the Mayor, Alder-
men and Common Council of the City of Boston,
in City Council assembled, That, in the month of
January or February annually, there shall be chosen
by concurrent vote of the City Council, to be first
voted upon by the Mayor and Aldermen, a Superin-
tendent of the Boston South Bridge, who shall hold
his office until removed or a successor be appointed,
who shall receive such compensation for his services
as the Ciry Council sliall authorize and establish, and
who shall be removable at the pleasure of tfie City
Council.
Sect. 2. Be it further ordained, That it sliall be
the duty of said Superintendent to take charge of
said Bridge, by night and by day, and to cause the
draw thereof to be opened at all times, when required
for the free passage of vessels, and to cause the same
to be closed forthwitli, not permitting more than one
vessel to pass through at any one opening of the
draw, unless the Bridge should be free of passengers
while the draw is up. And it shall be the duty of
the said Superintendent, to take care of the said
22 ORDINANCES.
Bridge, Abutments and Wharves connected therewith,
and to see at all times ihat they are in a safe and sat-
isfactory condition, and free from all incumbrance ;
that the lamps thereon are well lighted, and that the
railing and planks are in good order, the snow and
ice removed from the side-walks in winter — subject
always to the control of the Mayor and Aldermen rel-
ative to the duties before expressed, and also to any
other duties respecting said bridge, wharves and abut-
ments, which the said Mayor and Aldermen may from
time to time prescribe.
Sect. 3. Be it furnier ordained, That any per-
son who shall deface, break or injure said bridge,
wharves or abutments, or shall unnecessarily open or
ol)struct the passage of said draw, without the consent
of said Superintendent, or shall, without such con-
sent, make fast to snid bridge, any scow or other ves-
sel, shjill, upon conxiction thereof, priy a fine not less
than three nor more than twenty dollars.
[Passed May 2dth, 1837.]
An Ordinance to establish the office of Superinten-
dent of Common Sewers.
Be it ordained by the Mayor, Aldermen, and
Common Council, of the City of Boston, in City
Council assembled, as follows :
Sect. 1. There shall be appointed annually, in
the month of May or June, by concurrent vote of the
City Council, a Superintendent of Common Sewers,
who shall hold his office until removed, (or a suc-
cessor be appointed,) who shall receive such com-
pensation as the City Council shall determine, and
who shnll be removable at the pleasure of the City
Council; and in case said office shall at any time be-
ORDINANCES. 23
come vacant, the same shall be filled in manner be-
fore prescribed.
Sect. 2. The said Superintendent shall, under
direction of the Mayor and Aldermen, take the gen-
eral supervision of all Common Sewers, which now
are, or hereafter may be, built and owned by the
City, or which m.ay be permitted to be built or open-
ed by its authority, and he shall take charge of the
building and repairs of the same, and make all con-
tracts for the supply of labor and materials therefor.
Sect. 3. 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 take the plan thereof, and in-
sert 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 into such sewer —
and obtain from the Assessors' book the valuation of
all estates which shall be benefitted thereby.
Sect. 4. The said Superintendent shall keep an
accurate account of the expense of constructing each
common sewer, and assess the expense upon the per-
sons and estates deriving benefit therefrom ; and after
having completed said assessment, he shall report the
same to the Mayor and Aldermen, and if sanctioned
by them, he shall enter the same in books, to be kept
for that purpose, and shall forthwith make out bills
for the said assessments against all persons v/hose
drains have entered the common sewer, or who have
been otherwise benefitted thereby, and deliver the same
to the City Treasurer for collection ; and the said
Treasurer shall forthwith present the same for pay-
ment ; and all bills or dues under this ordinance,
which shall remain unpaid at tlie expiration of sixty
days, shall be handed to the City Solicitor, and forth-
with be put in suit.
Sect. 5. The said Superintendent shall proceed
24 ORDINANCES.
forthwith to make all assessments for common sewers
heretofore constructed by the City, the expenses of
which have not already been assessed and collected,
in the same manner as he is by this ordinance directed
to proceed in relation to those which may hereafter
be constructed.
Sect. 6. The third, fourth, fifth, sixth, and thir-
teenth sections of "an ordinance relative to drains and
sewers" are hereby repealed ; and all the powers
granted to, and duties assigned to the Superintendent
of Streets, are hereby transferred to the Superinten-
dent of Common Sewers, as far as the same relate to
drains and common sewers.
[Passed June 6th , 1837.]
An Ordinance for preventing and extinguishing Fires,
and establishing a Fire Department.
Sect. 1. Be if ordained by the Mayor, Alder^
men, and Common Council of the City of Boston,
in City Council assembled, as follows : The Fire
Department shall consist of a Chief Engineer and as
many other Engineers, not less than eight, and of
as many Firemen, Enginemen, Hosemen, and Hook
and Ladder men, to be divided into Companies, as
the number of Engines, and the number and quantity
of other Fire Apparatus belonging to the City, shall
from time to time require or make expedient : and
the said Engineers shall be annually chosen according
to law, for one year, and until others shall be chosen
in their place : Provided, That vacancies may be filled
at any time, and the said Chief and other Engineers
shall on his or their appointment receive a writen or
printed certificate or w^arrant in the words following,
viz. : '' This certifies that A. B. is appointed an En-
ORDINANCES. 25
gineer (or Chief Engineer) of the Fire Department
of the City of Boston, and is entitled to all the im-
munities belonging to said office.
*' Given under my hand, this day of
A. D. 18
Mayor.
City Clerk."
And the respective rank of the Engineers shall be de-
termined by the Mayor and Aldermen.
Sect. 2. The Engineers so chosen, shall meet and
organize themselves into a Board of Engineers, a
majority of whom shall form a quorum, and of which,
in the absence of the Chief Engineer, the senior En-
gineer present shall be presiding officer : and they
may appoint such Secretary or other officers and
make such rules and regulations for their own govern-
ment as they may see fit, and such Secretary shall re-
ceive such compensation as the City Council may
deem expedient. They shall at all times have the
superintendence and control of all the Engine and
other houses used for the purposes of the Fire De-
partment, and of all furniture and apparatus thereto
belonging, and of the Engines and all other Fire Ap-
paratus belonging to the City, and over the Officers
and members of the several companies attached to
the Fire Department, and over all persons present at
Fires, and may make such rules and regulations for
the better government, discipline and good order of
the department, and for the extinguishment of Fires,
as they may from time to time think expedient, the
same not being repugnant to the laws of this Com-
monwealth, and being subject to the approbation of
the Mayor and Aldermen.
Sect. 3. It shall be the duty of said Engineers,
whenever a Fire shall break out in the City, to repair
forthwith to, or near the place where the Fire may
be ; to take proper measures that the several Engines
26 ORDINANCES.
and other apparatus be arranged in the most advan-
tageous situations, and duly worked for the effectual
extinguishment of the Fire ; to require and compel
assistance from all persons, as well members of the
Fire Department, as others, in extinguishing the Fire,
removing furniture, goods, or other merchandize
from any building on Fire, or in danger thereof, and
to appoint guards to secure the same ) and also in
pulling down or demolishing any house or building if
occasion require, and further to suppress all tumults
and disorders. It shall also be their duty to cause or-
der to be preserved in going to, working at^ or return-
ing from Fires, and at all other times when Companies
attached to the Department are on duty : Provided,
however^ that when any fire occurs in either of the.
adjoining towns, it shall be the duty of only such, and
so many of said Engineers to repair to such town as
shall have been previously designated for said purpose
by said Board of Engineers.
Sect. 4. The Chief Engineer shall have the sole
command at fires, over all the other Engineers, all
Members of the Fire Department, and all other per-
sons who may be present at fires, — and shall direct
all proper measures for the extinguishment of fires,
protection of property, preservation of order, and ob-
servance of the Fire J-.avvs, Ordinances and Regula-
tions ; and it shall be the duty of said Chief Engineer
to examine into the condition of the Buckets and all
other Fire Apparatus, and of the Engine and other
Houses belonging to the City and used for the pur-
poses of the Fire Department — and of ihe Companies
attached to the said Department as often as circum-
stances may render it expedient, or whenever direct-
ed so to do by the Mayor and Aldermen, or by the
Committee of the Board of Aldermen on the Fire
Department, and annually to report the same to the
Mayor and iVldermen, and oftener if thereunto re-
ORDINANCES. 27
quested ; also to cause a full description of the same,
together with the names of the officers and members
of the Fire Department to be published annually in
such manner as the Mayor and Aldermen shall direct ;
and whenever the Engines or other Fire Apparatus,
Engine or other houses used by the Fire Depart-
ment require alterations, additions, or repairs, the
Chief Engineer, under the direction of the Board of
Aldermen, or of the Committee on the Fire Depart-
ment shall cause the same to be made. And it shall
be moreover the duty of the Chief Engineer to re-
ceive and transmit to the Board of Aldermen all
returns of officers, members, and Fire Apparatus,
made by the respective Companies as hereinafter pre-
scribed, and all other communications relating to the
affairs of the Fire Department : To keep fair and
exact Rolls of the respective Companies, specifying
the time of admission and discharge, and the age
of each memeber ; to report in writing to the City
Clerk, who shall keep a record of the same, once in
each year, or oftener, if directed so to do by the
Mayor and Aldermen, all accidents by Fire which
may happen within the City, with the causes thereof
as well as can be ascertained, and the number and
description of the buildings destroyed or injured, to-
gether with the names of the owners or occupants.
Sect. 5. In case of 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.
Seot. 6. As many Engine, Hose, Hook and Lad-
der and Fire Companies shall from time to time be
formed by the Mayor and Aldermen as they shall
deem expedient, and each of said Companies shall
consist of as many men as said Mayor and Aldermen
may appoint, not exceeding to each Engine Compa^
ny, seventy-five, to each Hose and Hook and Ladder
28 ORDINANCES.
Company, twenty-five — unless otherwise ordered by
the Mayor and Aldermen.
Sect. 7. No person under twenty-one years of
age shall be employed as a member of the Fire De-
partment.
Sect. 8. No person shall be employed in the
Fire Department for a less period than six months,
and every member of the Fire Department, shall upon
his appointment by the Mayor and Aldermen, receive
a certificate or warrant which he shall be holden to
produce within thirty days after he shall become a
member of said Department, and annually in the
month of May thereafter to the Commanding Officer
of the Militia Company within whose bounds he
may reside.
Sect. 9. Each of the Companies formed, and ap-
pointed by the Mayor and Aldermen, shall have a
Foreman, an Assistant Foreman, and a Clerk, and
these Officers shall be chosen by their respective
companies, subject to the approval of the Mayor and
Aldermen.
Sect. 10. It shall be the duty of the Foreman to
see that the several Engines and Apparatus committed
to their care, and the several buildings in which the
same are deposited, and all things in or belonging to
the same, are kept neat, clean, and in order tor im-
mediate use ; it shall also be their duty to preserve
order and discipline at all times in their respective
Companies, and require and enforce a strict compli-
ance with the City Ordinances, the Rules and Regu-
lations of the Fire Department and the orders of the
Engineers. They shall also keep or cause to be kept
by the Clerk of their respective Companies fair and
exact Rolls, specifying the time of admission, dis-
charge, and age of each member, and accounts of all
City property entrusted to the care of the several mem-
bers, in a book provided for that purpose by the City,
ORDINANCES. 29
which Rolls or Record Books are always to be sub-
ject to the order of the Board of Engineers, and the
Mayor and Aldermen. They are also to make or
cause to be made to the Chief Engineer, true and ac-
curate returns of all the members, with their ages,
and the apparatus entrusted to their care — whenever
called upon so to do.
Sect. 11. It shall be the duty of the Officers and
Members of the several Engine, Hose, Hook and
Ladder and Fire Companies, whenever a fire shall
break out in the City, to repair forthwith to their re-
spective Engines, Hose, Hook and Ladder and Bucket
Carriages, and other Apparatus, and to convey them
in as orderly manner as may be, to or near the place
where the fire may be, and in conformity with the
directions of the Chief or other Engineers, to exert
themselves in the most orderly manner possible in
working and managing the said Engines, Hose, Hooks
and Ladders, and other Apparatus — and in perform-
ing any duty they may be called upon to do, by any
Engineer ; and upon permission of the Chief or other
Engineer, shall in an orderly and quiet manner return
said Engine, Hose, Hook and Ladder and Bucket
Carriages, and other Apparatus to their respective
places of deposit ; Provided, — That in the absence
of all the Engineers, such direction and permission
may be given by their respective Foremen.
Sect. 12. On the return of said Engines and
other Apparatus, they shall by the said Companies, re-
spectively, be well washed, cleansed, oiled and secure-
ly housed ; and once in every month, and oftener, if
necessary, said companies shall meet for the purpose
of examining the state of their respective Engines and
other Apparatus, and see that the same are in good or-
der and fit for service ; and once in each of the months
of May, July and September, shall draw out their
respective Engines and other Apparatus to wash and
3*
30 ORDINANCES.
cleanse them, and to exercise the members ; and the
the said Engines and other Apparatiis, carefully return.
Sect. 13. It shall be tiie special duty of Firemen
to exert themselves to supply water for the Engines,
to protect the Enginemen and other members of the
Department from being interrupted in the disc' arge of
their duty by the bystanders, and to keep all idle and
suspected persons at a proper distance from the fire
and from the vicinity, to save and protect furniture,
merchandize and other property, to form lines across
the streets, lanes and avenues leading to the place
where the fire is, and at reasonable and proper dis-
tances therefrom, for the purpose of preserving order,
preventing plunder, excluding all improper persons,
enforcing the regulations of the Department, and to
perform any other duty which they may be called
upon to do by any Engineer.
Sect. 14. The Engineers and Members of the
several Companies regularly appointed, shall wear
such Caps, badges or insignia, as the Mayor and Al-
dermen shall from time to time direct to be furnished
at the expense of the City ; and no other person or
persons shall be permitted to wear the same, except
under such restrictions and regulations as the Mayor
and Aldermen may direct.
Sect. 15. If any member of either of the several
Companies, shall wilfully neglect or refuse to perform
his duty, or shall be guilty of disorderly conduct, dis-
obedience to the Officers or to any Engineer, he shall
for such offence be dismissed from the Department.
Sect. 16. All persons present, not members of
either of said Companies, are hereby enjoined to obey
the directions of any Engineer, given at any fire, and
to render their services, if required by any Engineer,
under a penalty of not less than two nor more than
twenty dollars, and it shall be the duty of the Chief or
other Engineers to report to the Mayor and Aldermen
ORDINANCES. 31
the name of every person liable to the penalties pro-
vided by this section.
Sect. 17. The City Council may, by a concurrent
vote, at any time, remove from office the Chief Engi-
neer, or any of the other Engineers, and the Mayor
and Aldermen may at any time discharge any or all
the officers or members of either of said Companies.
Sect. 18. It shall be the duty of such of the Con-
stables of the City as may be selected by the Engi-
neers for that service, to repair with their staves or
such other badges of office as the Mayor and Alder-
men shall direct, on the alarm of fire, immediately to
the place where the fire may be, and there to use their
best skill and power, under the direction of the Chief
Engineer or Head Constable, for the preservation of
the public peace, the prevention of theft, and destruc-
tion of property, and the removal of all suspected per-
sons— for which service the Constable shall receive
such compensation as shall be in each case ordered by
the Mayor and Aldermen.
Sect. 19. Immediately on the alarm of fire, during
the night, it shall be the duty of the respective watch-
men to give notice thereof, within their respective dis-
tricts, by springing their rattles, crying " Fire," or
ringing a bell, and mentioning the street or direction
where it may be, and if any watchman shall neglect
so to do, he shall forfeit and pay two dollars, and if it
shall happen that a chimney only shall be on fire
either by night or day, the bell shall not be rung —
but only when a building is proclaimed to be on fire.
Sect. 20. If any chimney, stove-pipe, or flue,
within the City, shall take or be set on fire, the occu-
pant of the house to which such chimney, stove-pipe,
or flue appertains, or the person or persons so setting
the same on fire, shall forfeit and pay the sum of two
dollars ; Provided, That it shall be lawful for any per-
son to set fire to and burn his chimney, stove-pipe,
32 ORDINANCES.
or flue, between sun-rising and noon, if the buildings
contiguous are wet with rain or covered with snow ;
and it sJiall be the duty of the Chief or other Engin-
eers to report to the Mayor and Aldermen the name
of every person liable to the penalty provided by this
section in their first returns thereafter.
Sect. 21. Whenever it shall be determined at
any fire by any three or more of the Engineers, of
whom the Chief Engineer shall be one, or in his ab-
sence the senior Engineer present, to be necessary to
pull down or otherwise demolish any building, the
same may be done by their joint order.
Sect. 22. The power of making and establishing
rules and regulations for the transportation and keep-
ing of Gunpowder within the City of J3cston, and of
granting licenses for the keeping and sale thereof in
the City, according to the provision of an act, entit-
led -'An Act for regulating the storage, safe keeping,
and transportation of Gunpowder in the City of Bos-
ton," and of any other act or acts on the same sub-
ject, shall be exercised and performed by the Chief
and other Engineers, and the power and duty of seiz-
ing on Gunpowder kept or being within the City or
the harbor thereof contrary to the provisions of the
said act or acts, shall be exercised and performed by
the said Engineers or any of them ; and in case of any
seizure being made by any Engineer other than the
Chief, he shall report to the Chief Engineer, who
shall cause said Gunpowder to be libelled and prose-
cuted in the manner prescribed in the first mentioned
statute, and all the other powers and duties granted
or enjoined in and by the said act or statutes, shall
be performed by the said Chief or one of the other
Engineers.
Sect. 23. It shall be the duty of the Chief and
other Engineers, to inquire for and examine into all
shops and other places, where shavings or other such
ORDINANCES. 33t
combustible materials may be collected and deposited,
and from time to time, and at all times, to be vigilant
in taking care of the removal of the same whenever
in the opinion of any two of them the same may be
dangerous to the security of the City from fires, and
to direct the tenant or occupant of said shops or
other places to remove the same, or to pay the ex-
pense of such removal under the direction of such
Engineers. And it shall also be the duty of said En-
gineers to take cognizance of and to cause prosecu-
tion to be instituted in all cases of infraction of the
laws relative to the erection of wooden buildings, or
of any other laws or ordinances for the prevention of
fire within the limits of the City.
Sect. 24. All monies received for fines, forfeit-
ures and penalties, arising under this ordinance and
the laws of this Commonwealth, regulating the stor-
age and transportation of Gunpowder, the erection of
buildings within the City of Boston, and the preven-
tion and extinguishment of Fire, shall be paid into
the Treasury of the City, to be applied in such way
as is provided by the acts of this Commionweahh.
Sect. 25. Every member of the Fire Department
of the City of Boston, who shall have served accord-
ing to law for seven successive years shall be entitled
to receive a certificate thereof signed by the Mayor of
said City, and all persons who shall receive said cer-
tificate as aforesaid, shall be entitled to wear the
badge of the Department, and do duty therein, under
such organization and management as the Mayor and
Aldermen may determine.
Sect. 26. There shall be paid annually, to each
member of the department, such sum as the City
Council may from time to time determine.
Sect. 27. The members of the several Companies
shall not assemble in the houses entrusted to their
care, except for the purpose of taking the Engine or
34 ORDINANCES.
x^pparatus, on an alarm of fire, or for drill and exer-
cise, and of returning the same to the house, and
taking the necessary care of said apparatus after its
return.
Sect. 28. Any member of the City Council may
enter within the lines, at any Fire, by wearing a suit-
able badge for that purpose, to be provided by the
Mayor and Aldermen.
Sect. 29. From and after the passing of this Or-
dinance, all former Ordinances relating to the appoint-
ment of Engineers and other members of the Fire
Department, and to the estabhshing of a Fire Depart-
ment, and for preventing and extinguishing Fires,
excepting such parts thereof as may be necessary to
recover all fines and penalties incurred under the Or-
dinance aforesaid, are hereby repealed.
[Passed July '29lh, 1837.]
An Ordinance in addition to an Ordinance relative
to Sewers and Drains.
Be it ordained by the Mayor, Aldermen, and
Common Council of the City of Boston, in City
Council assembled, as follows :
Sect. 1 In all assessments for any Common Sew-
er, which shall be hereafter constructed, there shall
be deducted from the gross amount of the expense
of said Sewer, one fourth part thereof, and the re-
maining three fourth parts only shall be assessed on
persons benefitted thereby according to the provisions
of the Ordinance to which this is in addition.
Sect. 2. All Ordinances inconsistent with this, are
hereby repealed.
[Passed April 4th, 1838.]
ORDINANCES. 35
An Ordinance in addition to " An Ordinance estab-
lishing the office of Superintendent of Streets, and
prescribing the duties thereof; to prevent unlawful
and injurious practices in the streets of the City :
and in relation to side walks."
Be it ordained by the Mayor, Aldermen^ and
Common Council of the City of Boston, in City
Council assembled, as follows :
Sect. 1. No person shall unnecessarily drive,
wheel, or draw any coach, cart, or other carriage of
burthen or pleasure, or drive, or permit any horse
under his care to go upon any sidewalk in said City.
Sect, 2. No person, unless as is provided in the
first section of '' An Ordinance for the regulation of
Horses and Carriages within the City of Uoston," or
unless duly Ucensed by the Mayor and Aldermen,
shall ring, or cause to be rung, any bell, or use or
cause to be used any horn or other instrument, in any
of the streets, lanes, alleys, public places, or squares
of said City, to give notice of the exercise of any busi-
ness or calling, or for the sale of any article.
Sect. 3. No person shall stand in any of the said
streets, lanes, alleys, public places or squares for the
purpose of grinding cutlery, or for the exercise of any
other business or calling, unless duly licensed by the
Mayor and Aldermen.
Sect. 4. No person having the care or ordering
of any carriage of burthen or pleasure, finished or un-
finished, shall suffer the same to remain in any of
said streets, lanes, public places or squares, for more
than one hour after the same shall have been first
placed there, unless such person shall have been first
duly licensed by the Mayor and Aldermen.
Sect. 5. Neither the purchaser nor seller of any
coal shall suffer the same to remain upon any side-
36 ORDINANCES.
walk for any unnecessary length of time, nor after
dark in the evening, nor in any case so as to unneces-
sarily obstruct such side-walk.
Skct. 6. No person shall use, or shoot with, bows
and arrows in any of the streets, lanes, alleys, public
places, or squares of the City.
Sect. 7. Every person who shall offend against
any of the provisions of this Ordinance, shall forfeit
and pay a sum not less than one dollar, nor more
than twenty dollars for each offence.
Sect. 8. The Ordinance entitled "An Ordinance
in addition to an Ordinance establishing the office of
Superintendent of Streets, and prescribing the duties
thereof; to prevent unlawfid and injurious practices
in the streets of the City ; and in relation to side-
walks ;" passed on the eighth day of October, in the
year one thousand eight hundred and thirty-eight, is
hereby repealed.
[Passed January oth, 1839.]
An Ordinance in addition to an Ordinance entitled
"An Ordinance establishing the office of Superin-
tendent of Streets, and prescribing the duties there-
of: to prevent unlawful and injurious practices in
the streets of the City, and in relation to Side-
walks."
Be it ordained by the Mayor, Aldermen, and
Common Council of the City of Boston, in City
Council assembled, as follows, namely :
Sect. 1. That from and after the passing of this
ordinance, no person shall hang, affix or fasten any
sign on his or her house or lot, which shall project
into any street or way of the City, more than one foot
beyond the front of his or her house or lot, under a
ORDINANCES. ^
penalty of four dollars for each offence, and the like
penalty for every week it shall be continued after an
order to remove the same, given by the Mayor and
Aldermen, or any person authorized by them.
Sect. 2. That no sign which at its lowest part is
less than eight feet in height above the sidewalk or*
street shall project into any street or way more than
six inches beyond the front of the building or lot on
which such sign shall be placed, under a penalty of
four dollars for each offence, and the like penalty for
every week it shall be continued after an order to re-
move the same, given by the Mayor and Aldermen,
or any person authorized by them.
Sect. 3. That the nineteenth section of an Ordi-
nance entitled " An Ordinance establishing the office
of Superintendent of Streets, and prescribing the du-
ties thereof; to prevent unlawful and injurious prac-
tices in the streets of the City, and in relation to
Sidewalks;" passed August 22, 1833, to which this
is in addition be, and the same is hereby repealed.
[Passed December 1th, IS40.]
An Ordinance establishing the Office of City At-
torney.
Be it ordained by the Mayor, Aldermen, and
Common Council of the City of Boston, in City
Council assembled, as follows :
Sect. 1. There shall be chosen by concurrent
vote of both branches of the City Council, annually,
in the month of May or June, a City Attorney, who
shall possess the like qualifications that are required
in the Attorney and Solicitor of the City of Boston ;
and he shall be removable at the pleasure of the City
Council.
38 ORDINANCES.-
SecTc 2. It shall be the duty of the City Attorney
to act as junior counsel to the Attorney and Solicitor
of the City, and as such to perform the duties requir-
ed of said Attorney and Solicitor, by virtue of an
Ordinance passed June eighteenth, in the year eigh-
teen hundred and twenty-seven.
Sect. 3. So much of the Ordinance providing for
the appointment, and prescribing the duties of an
Attorney and Solicitor for the City of Boston, as is
inconsistent with this Ordinance, is hereby repealed.
[Passed April I6th, 1839.]
An Ordinance concerning Junk Shops and Dealers
in Second-hand Articles.
Be it ordained by the Mayor, Aldermen, and
Common Council of the City of Boston, in City
Council assembled, as follows :
Sect. 1. All licenses which shall be granted by
the Mayor and Aldermen of the City, to any persons
to be keepers of shops for the purchase, sale or bar-
ter of junk, old metals, or any second-hand articles,
and to be dealers therein, shall contain the following
conditions and restrictions :
First — That every person, at the time of receiving
such license, shall pay therefor the sum of one dollar.
Second- — That every keeper of such shop shall
keep a book, in which shall be written, at the time
of every purchase, a description of the article or ar-
ticles purchased, the name and residence of the per-
son from whom, and the day and hour when, such
purchase was made ; and that such book shall at all
times be open to the inspection of the said Mayor and
Aldermen, or of any person by them authorized.
Third — That every keeper of such shop shall put
ORDINANCES. 39
in some suitable place a sign designating that he is
licensed as such, and containing his name.
Fourth — That the said shops shall not be kept
open, except at such hours as shall be specially allow^
ed by the terms of the license ; and that no purchases
of any of the articles aforesaid, shall be made by the
keepers thereof, or by any person for them, except
during such hours as shall be designated in the license.
And that the said shops shall at all times be open to
the inspection of the said Mayor and Aldermen, or of
any person by them authorized.
Fifth — That 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.
Sect. 2. Any person or persons having obtained
a license under the provisions of this ordinance, who
shall violate any of the conditions thereof, shall, upon
conviction thereof, pay a fine of not less than one,
nor more than twenty dollars, to be recovered by
complaint before the Justices of the Police Court.
[Passed May 6th, 1839.]
An Ordinance relating to the Boston Lunatic Hos-
pital.
Be it ordained by the Mayor, Aldermen, and
Common Council of the City of Boston, in City
Council assembled, as follows :
Sect. 1. There shall be chosen annually, a Joint
Standing Committee of the City Council, consisting
of the Mayor and two members of the Board of Al-
dermen and four members of the Common Council,
40 ORDINANCES.
who shall be a Board of Visiters of the Boston Luna-
tic Hospital.
Sect. 2. It shall be the duty of the Board of Vis-
iters to meet at the Hospital quarterly, and carefully
examine the slate of every part of the establishment,
and inspect the accounts of the Steward and certify
the same if found to be correct. And also to nomi-
nate to the City Council a suitable person to be Stew-
ard of the Hospital, whenever a vacancy in said office
shall occur.
Sect. 3. The Board of Visiters shall divide them-
selves into sub-committees to visit the Hospital as
often as once a week.
Sect. 4. The Superintendent shall be chosen an-
nually, by concurrent vote of the City Council, in the
month of September or October ; he shall hold his
office until another is chosen in his place ; shall be
removable at the pleasure of the City Council, and
receive such salary as ihe said Council may fix and
determine, and in case of a vacancy in said office, the
said Council may at any time proceed forthwith to
fill the same.
Sect. 5. The Superintendent shall have the sole
direction of the medical, moral and physical treat*
ment of the patients, and of their regimen and diet,
and his orders shall be strictly obeyed. He shall visit
all the patients daily, and as much oftener as is ne-
cessary, and may call consultations whenever he may
see fit, and he shall havQ apartments and board in the
Hospital for himself and his family free of expense to
himself.
Sect. 6. The Superintendent shall make to the
Board of Visiters, quarterly, a report of the general
state of the Hospital, the condition of the inmates and
the deaths and probable causes thereof. And he
shall make to the City Council in the month of July
annually, a report of the general stcite of the Hospital,
ORDINANCES, 41
and condition of the inmates during the preceding
year, ending the thirteenth day of June, in regard to
such particulars as the Board of Visiters shall direct.
Sect. 7. It shall be the duty of the Superinten-
dent to keep records of the medical treatment of the
patients — to give to all persons employed in the Hos^
pital, such directions as he may judge most for the
interest of the institution, and to make such additional
regulations as he may deem necessary, reporting,
however, such regulations to the Board of Visiters, at
ike next quarterly meeting for their approval.
Sect. 8. The Steward of the Hospital shall be
chosen annually, by concurrent vote of the City Coun-
cil, being first recommended by the Board of Visiters.
He shall be removable at the pleasure of the City
Council, and receive such compensation as said Coun^
cil may determine.
Sect. 9. The Steward shall have the charge of
the grounds, buildings and appurtenances, and shall
see that the same are kept in order and repair, and
that the apartments are cleaned, w^armed and venti-
lated, and shall keep the accounts of the institution.
Sect. 10. The Steward shall report quarterly to
the Board of Visiters the state of the grounds and
buildings, the names of all persons hired by him and
their wages, and an account of the receipts and ex^
penditures of the Hospital.
Sect. 11. It shall be the duty of the Steward,
under the direction of the Board of Visiters, to pur-
chase furniture, fuel, stores and necessary articles, and
he shall be responsible for their safe keeping, and
under the direction of the Superintendent he shall
hire, pay and discharge all matrons, attendants and
domestics. He shall have especial charge of the house
and domestics — he shall in all things be subject to the
Superintendent, and he shall give bond, in such sur?^
4*
4.2 ORDINANCES.
as the Mayor and Aldermen may deem sufficient, for
the faithful performance of his duties.
Sect. 12. The Steward shall have such apart-
ments in the Hospital as the Board of Visiters may
assign, and, with his family, if he have any, board
with the family of the Superintendent, free of ex-
pense to himself.
Sect. 13. It shall be the duty of the Superinten-
dent, under the direction of the Board of Visiters, to
determine what matrons, attendants, servants or do-
mestics are necessary to be employed, and to estab-
lish their duties and powers.
[Passed October lOth, 1839.]
An Ordinance concerning the erection, alteration and
repair of Public Buildings.
Be it ordained by the Mayor, Aldermen and
Common Council of the City of Boston, in City
Council assembled, as follows :
Sect. 1. Whenever any public building for the
use of the City shall be erected, altered or repaired,
the expense of which may exceed the sum of five
hundred dollars, it shall be the duty of the Committee
having charge of the same to prepare, or cause to be
prepared, the requisite plans and specifications of the
work to be done.
Sect. 2. The said Committee shall give notice in
the newspapers in which the ordinances of the City
are published of the time and place for the exhibition
of such plans and specifications'as may be necessary
to enable contractors to make their estimates of the
proposed work.
Sect. 3. No proposal shall be received by the
said Committee from any person offering to contract
ORDINANCES. 43
for such work, unless the same is sealed ; and no pro-
posal shall be opened except in Committee actually
assembled ; and the contents of no proposal shall be
made known to any person not a member of the Com-
mittee, until after a contract shall have been made ;
provided always, that if any such proposals shall be
offered by persons who in the judgment of the said
Committee shall be incompetent to perform their con-
tracts in a workmanlike manner, or irresponsible in
respect to their means of faithfully executing the
same, the said Committee may, in their discretion, re-
ject any such proposal, notwithstanding the same be
at a lower rate than other proposals offered for the
same work.
Sect. 4. In all cases where the amount of any
contract shall exceed the sum of five hundred dol-
lars, the contract shall be in writing, and signed by
the Mayor on the part of the City ; and after being
signed by the parties, no such contract shall be alter-
ed in any paiticular, unless three-fourths of the said
Committee shall signify their assent thereto in writing,
under their respective signatures, endorsed on the
said contract.
Sect. 5. The amount of expenditures for the
purposes of this ordinance in any one year, shall
never exceed the appropriation made by the Ci-ty
Council for the purpose.
[Passed April 2Sd, 1840.]
44 ORDINANCES
An Ordinance in addition to an Ordinance to provide
for the care and management of the PubHc Lands.
Be it ordained by the Mayor, Aldermen, and
Common Council of the City of Boston, in City
Council assembled, as follows :
Sect. I. The Superintendent of the Public Lands
shall be also the Superintendent of the Public Builds
ings.
Sect. 2. There shall annually in the month of
January, be appointed a Joint Committee of the City
Council, to be called the Committee on Public Builds
ings, to consist of three members of the Board of
Mayor and Aldermen and five members of the Com-,
mon Council, who shall have the general care and
management of the Public Buildings.
Sect. 3. It shall be the duty of said Committee
to devise and prescribe suitable rules and instructions
for the government of said Superintendent in the dis^
charge of his duties as Superintendent of the Public
Buildings, (having in relation to such expenditures as
they may authorize, due regard to the appropriations
made therefor,) and to change and repeal the same
in their discretion.
Sect. 4. It shall be the duty of said Superintend-^
ent, under the direction of said Committee on Public
Buildings, to keep himself acquainted with the condi-
tion of all public buildings, including the public school
houses of every descri])tion, to receive all applications
for repairs upon the same, and to employ suitable
mechanics, and himself superintend all repairs that
may be necessary upon the said public buildings. He
shall also perform such services in regard to the alter--
ation and erection of public buildings, as may be re-^
quired of him by said Committee.
Sect. 5, The said Superintendent, before enter^
ORDINANCES. 45
ing on the duties of his office, shall give bonds, with
one or more sureties, to the approbation of the Mayor
and Aldermen, with conditions that he will not direct-
ly or indirectly, for himself or others, or by others in
trust of him, or on his account, have any interest or
concern in any contract or agreement for the erection,
alteration or repairs of any of the public buildings.
Sect. 6. All Ordinances or parts of Ordinances
inconsistent with this are hereby repealed ; provided,
that nothing herein contained shall in any manner af-
fect the provisions of an Ordinance entitled " An
Ordinance concerning the erection, alteration and re-
pairs of Pubhc Buildings."
[Passed September 17/A, 1840.]
An Ordinance in addition to an Ordinance concern-
ing the erection, alteration and repair of Public
Buildings.
Be it ordained by the Mayor, Aldermen and
Common Council of the City of Boston, in City
Council assembled, as follows :
Sect. 1 . The provisions of the ordinance con-
cerning the erection, alteration and repair of public
buildings, passed April 23, 1840, shall not be deem-
ed to apply to the erection, alteration, or repair of
the Houses of Reformation, Industry, or Correction,
or the Boston Lunatic Hospital, or any of the build-
ings connected with either of said establishments.
Sect. 2. The ordinance entitled " An ordinance
in addition to an ordinance concerning the erection,
alteration, and repair of public buildings," and which
was passed May 1, 1840, is hereby repealed,
[Passed October 23d, 1840.]
46 ORDINANCES.
An Ordinance in addition to an Ordinance concern-
ing the Public Loans and Reduction of the City
Debt.
Be it ordained by the Mayor, Aldermen and
Common Council of the City of Boston, in City
Council assembled, as follows :
Sect. 1. In every future year, there shall be ap-
propriated of the annual City tax, for the payment or
purchase of the principal of the City debt, a sum
that shall not be less than three per centum of the
amount of said princpal, and not less than fifty
thousand dollars in each year.
Sect. 2. So much of the third section of the or-
dinance to which this is in addition, as is inconsist-
ent with this, is hereby repealed.
[Fassed December 28lh, 1840.]
Sl*AtEt.AWS. 41
STATE LAWS.
Revised Statutes, Ch. 11. Concerning Rainsford
Island.
Sect. 4. The hospital establishment on Rainsford
Island, in the harbor of Boston, the island itself, and
all property thereon, belonging to or connected with
the said hospital establishment, shall be under the
sole care of the Mayor and Aldermen of Boston ; who
shall appoint all such officers and servants as they
shall deem necessary, prescribe their respective duties,
and establish their compensation.
Sect. 5. The said Mayor and Aldermen shall,
annually, in the month of January, file in the office of
the Secretary of the Commonwealth, an exact account
of the state of the property of the Commonwealth
belonging to, or connected with, the said hospital es-
tablishment, and also of all money expended thereon,
in the course of the preceding year.
Revised Statutes, Ch. 28. Concerning the Weighing
of Hay.
Sect. 95. The Selectmen of each Town and the
Mayor and Aldermen of any City may, from time to
time, appoint, for a term not exceeding one year,
some person or persons to have the superintendence
of the hay scales belonging to such Town or City,
who shall weigh hay offered for sale in such Town or
City, and any other article offered to be weighed.
Sect. 96. The person so appointed shall con-
form to all such rules and regulations, as shall be
48 S T A T E L A W S .
established by the Selectmen or City Council, respec-
tively, concerning the hay scales, and the compensa-
tion of fees for weighing hay or other articles.
Sect. 97. The said Selectmen or City Council,
respectively, may remove any weigher of hay, and fill
any vacancy that may occur by death or otherwise.
Sect. 98. If any person, not appointed as afore-
said, shall set up any hay scales in any Tpwn or City,
for the purpose of weighing hay, or other articles, he
shall forfeit a sum of twenty dollars a month, so long
as the same shall be continued, to be recovered by an
actipn of debt, and appropriated to the use of said
Town or City : provided, however, that this and the
three preceding sections shall not apply to any Town
which shall not adopt the same, and shall cease to
operate in such Town, when the Town shall so deter-
mine.
An Act concerning the Islands and Beaches in the
Harbor of Boston. [1834, Ch. 168.]
Sect. 1. Be it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That if any person
shall wilfully carry away from any island within the
harbor of Boston, or from any beach adjacent thereto,
any earth, gravel, stone or other material composing
such island or beach, without the consent of the own-
er thereof, the person or persons so offending shall
forfeit and pay, for each offence, to the use of the
Commonwealth, a sum not exceeding one hundred
dollars, nor less than five dollars, to be recovered by
indictment in any court competent to try the same:
Provided^ That this act shall not be construed to
STATELAWS. 49
prevent the taking of sheli-fish from such islands and
beaches.
Sect. 2. Be it further enacted, That if any per-
son shall wilfully build a fire on Spectacle Island, in
the harbor aforesaid, without the consent of the owner
or ov^^ners thereof, such persons shall suffer the like
forfeiture, and to be recovered and appropriated in
like manner as is provided in the first section of this
act.
An Act in further addition to an Act establishing the
City of Boston. [1835, Ch. 128.]
Sect. 1. Be it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same. That the School Com-
mittee of the City of Boston shall consist of the May-
or of said City, of the President of the Common
Council of said City, and of twenty-four other per-
sons, two of whom shall be chosen in each ward of
said City, and who shall be inhabitants of the wards
in which they are chosen ; said twenty-four members
to be chosen by the inhabitants at their annual elec-
tion of municipal officers.
Sect. 2. Be it further enacted, That so much of
the act to which this is an addition, as is inconsistent
with the provisions of this act, is hereby repealed ;
Provided, however, that the present School Commit-
tee of said City shall continue in office, until a new
Committee shall be chosen under the provisions of
this act.
Sect. 3. Be it further enacted. That this act
shall be void, unless it shall be adopted by ballot by
the inhabitants of said City of Boston, qualified to
vote in City affairs, at a legal meeting of said inhab-
50 STATELAWS.
itants called for that purpose, and held in their
respective wards, within thirty days from the passing
hereof.
An Act for the further regulation of the erection of
Wooden Buildings in the City of Boston. [ISSSj
Ch. 139.]
Sect. 1. Be it enacted by the Senate and House
of Representatives, in General Court assembled, and
by the authority of the same, That, from and after
the passing of this act, no wooden building of more
than sixteen feet in height, from the ground or foun-
dation thereof, shall be erected in the said City of
Boston, except under the following limitations and re-
strictions, namely : the dimensions of such building
on the ground, not to exceed twenty-five feet by fifty
feet; or, being in any other proportion, not to cover
more than twelve hundred and fifty superficial feet of
land ; the walls not to exceed twenty feet in height
from the under side of the sills, which sills may be
three feet six inches above the level of the street, to
the eaves of the roof ; the roof in the highest point
thereof not to rise more than thirty-two feet from the
under side of the sills aforesaid, and there shall be at
least one scuttle at or near the highest point of said
roof.
Sect. 2. Be it further enacted, That when two
or more such two story buildings as are provided for
in this act, shall be erected in connection, or within
three feet of each other, or within three feet of any
other wooden building, more than sixteen feet in
height, there shall be an entire brick or stone wall be-
tween them, commencing from the foundation of said
wall, and carried to the height of twelve feet above
S T A T E L, A \V S . * 51
the level of the street, at least twelve inches in thick-
ness, and the residue of said wall shall be of at least
eight inches in thickness, and in case any openings
are made through said walls, the same shall be secur-
ed against fire by iron doors applied to such openings :
Provided, that such brick or stone walls may be dis-
pensed with by consent in writing, of the Mayor and
i\ldermen of the City of Boston, on what are com-
monly called the neck lands in said City : Provided,
also, that nothing in this act shall in any way affect
that part of the said City, called South Boston, or re-
peal any of the provisions of the existing law relative
to the erection of buildings in that place ; and, pro-
vided, further, that that part of the said City of Bos-
ton, known by the name of East Boston, shall be en-
titled to the same rights and privileges as to the erec-
tion of wooden buildings, which now belong to that
part of said City called South Boston.
Sect. 3. Be it further enacted, That if any per-
son or persons shall violate the provisions of this act,
such person or persons, on conviction thereof, in any
court competent to try the same, shall forfeit and pay
for every such offence, a sum not less than fifty nor
more than five hundred dollars, and shall be liable to
a like prosecution and penalty for each and every year
after such conviction, until such building or buildings,
erected contrary to the provisions aforesaid, shall be
removed or be made to conform thereto ; and the said
penalties and forfeitures incurred by virtue of this act
may be recovered by indictment, to the use of the
City of Boston, or by an action of debt in any court
competent to try the same, one half to the use of the
person or persons who shall sue therefor, and the re-
sidue to the use of the said City.
Sect. 4. Be it further enacted, That it shall be
the duty of the Board of Engineers of the said City,
to cause suits to be commenced without delay against
52 ST AT E L. AW S .
each and all who shall violate the provisions of this
act, and to prosecute the same to final judgment.
Sect. 5. Be it further enacted, That all acts and
parts of acts respecting the erection of wooden build-
ings in the City of Boston, excepting such only as re-
late in any way to brick or stone buildings be, and
the same are hereby repealed.
Sect. 6. Be it further enacted, That this act
shall not take effect until the same shall have been
approved by the citizens^of said City, at a legal meet-
ing thereof duly convened for that purpose, within
sixty days from the passage of this act.
An Act to provide for the confinement of Idiots and
Insane Persons. [1836, Ch. 223.]
Be it enacted by the Senate and House of Repre"
sentatives, in General Court assembled, and by the
authority of the same, as follows :
Sect. 1. There shall be within the precincts of
the House of Correction in each County of this Com-
monwealth, a suitable and convenient apartment or
receptacle for idiots and lunatic or insane persons not
furiously mad, to be confined therein as hereinafter
provided.
Sect. 2. When it shall be made to appear, on
application made in writing to any two Justices of
the Peace, one of whom shall be of the quorum, or
any Police Court, that any person being within the ju^
risdiction of such Justices or Court, is an idiot or luna-
tic or insane, not being furiously mad as aforesaid, the
said Justices or Court are hereby authorized to order
the confinement of such person in the receptacle pro-^
vided for that purpose ; and such provision shall be
made for the comfortable support of all persons cong
S T A T E L A W S . 53
fined by virtue of this act, and they shall be governed
or employed in such manner as the County Commis-
sioners of each County in the Commonwealth, and
such officers as by law exercise the powders of County
Commissioners, may, in the exercise of their discre-
tion judge best ; and such sum per week shall be al-
lowed and paid for the support of every such person,
confined as aforesaid, as the Mayor and Aldermen of
the City of Boston, and the County Commissioners of
each County, and such officers as by law^ exercise the
powers of County Commissioners, shall direct; and
if, in any case, there shall be no parent, kindred,
master, guardian, Town or City obliged by law to
maintain the person so confined, the sum allowed as
aforesaid shall be paid out of the Treasury of the
Commonwealth : Provided, that in no case shall
more than two dollars and fifty cents per week ever
be paid from said treasury.
Sect. 3. Any person confined by virtue of this
act may at any time be discharged, when, in the opin-
ion of any two Justices of the Peace, one of whom
shall be of the quorum, or of any Police Court, having
jurisdiction in the case, such discharge would be for
the benefit of the person so confined, or when in their
opinion, such person would be comfortably supported
by any parent, kindred, friend, master or guardian, or
by any Town or City in which such person may have
a legal settlement.
Sect. 4. In any case, that may arise under this
act, all magistrates and other officers and all witnesses
shall receive the same fees and compensation for ser-
vices performed, and for attendance and travel, as
are allowed by law, for like services in criminal pro-
ceedings, to be taxed, allowed and paid in the same
manner.
§*
54 STATELAWS.
An Act establishing certain boundary lines between
the City of Boston and Town of Roxbury. [1836,
Ch. 37.]
Be it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the
authority of the same, as follows :
The following lines, which have been mutually
agreed upon between the City of Boston and the
Town of Roxbury, shall hereafter constitute and be
considered the boundary lines in the section to which
they refer, between said City and said Town, to wit :
beginning at a stone monument on the southwesterly
side of the Dyke that forms the southwesterly boun-
dary of the Empty Basin, so called, from which point
the centre of the steeple of Park street meeting house
in said City, bears north fifty-three degrees east, this
line to run in this direction from the point above
mentioned, about two hundred and ninety rods, until
it strikes the centre of the main channel westerly of
the Rope Walk lands in said City ; thence turning
and running northerly in the centre of said channel,
about one hundred and twenty-five rods, to a point
two hundred feet distant, southerly from the main
branch of the Mill Dam or Western Avenue ; thence
turning nearly at right angles, and running westerly
nearly on a parallel line with said Mill Dam, until it
strikes the branch thereof leading to Roxbury, at
which point a stone monument has been erected.
And the territory and jurisdiction on either side of
the said lines as hereby established, are accordingly
confirmed to said City and said Town respectively.
S T A T E L A W S . 55
An Act to alter certain parts of the Boundary Line
between the City of Boston and the Town of Rox-
bury. [1837, Ch. 202.]
Be it enacted by the Senate and House of Repre-
sentativeSj in General Court assembled, and by the
authority of the same, as follows :
Sect. 1. The boundary line betwen the City of
Boston and the Town of Roxbury, which now runs
on the easterly side of Plymouth street, shall be alter-
ed so that the same shall hereafter be established as
follows, to wit: beginning at a stone monument,
which now marks the south corner bound of said
City, being one hundred and forty-one feet easterly
of said Plymouth street, and from the said monument
running on a straight' line in a northeasterly direction
to the centre point, (so called,) where the Roxbury
old and new channels form a junction, being about
four thousand five hundred feet from the said monu-
ment.
Sect. 2. The boundary line between the said
City and town, which now passes over a part of Tre-
mont street in said City, shall be altered so that the
same shall be hereafter established as follows, to wit :
beginning on the southeasterly side of said Tremont
street, at the centre of a bridge now erected across
the creek which divides the said City from said Town,
and thence running northwesterly at right angles
with said Tremont street about two hundred and
fifty feet, until it intersects the present boundary line
between said City and Town, in the middle of said
creek.
56 STATELAWS
An Act in addition to ''An Act further regulating the
storage, safe keeping, and transportation of Guu'
powder, in the City of Boston." [1837, Ch. 99.]
Be it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the
authority of the same, as follows :
Sect. 1. Any person who shall keep, have or
possess any gunpowder within the City of Boston, con-
trary to the provisions of the act to which this act is
in addition, or to the rules and regulations of the
Eoard of Engineers therein mentioned, or who shall
sell any gunpowder in said City without having a
license therefor, or contrary to such license, or the
rules and regulations aforesaid, shall forfeit a sum not
less than one hundred dollars, and not exceed hig five
hundred dollars, for each offence ; and if any gun^
powder, kept contrary to the provisions of the act
aforesaid, or to such license, or to the rules and regu-
lations aforesaid, shall explode in any building, or on
board of any ship or other vessel, or in any place in
said City, the occupant, tenant or owner of which has
not then a license to keep and sell gunpowder therein,
such occupant, tenant or owner shall forfeit a sum
not less than one hundred dollars, and not exceeding
one thousand dollars for each offence.
Sect. 2. The several fines, penalties and forfeits
ures, mentioned in this act, and in the act to which
this is in addition, shall enure to the sole use of the
Board of Engineers of the Fire Department of said
City of Boston : Provided, however. That whenever
on the trial of any prosecution under the said acts,
any one or more of the said Engineers shall be sworn
and examined as g. witness on behalf of the prosecu-?
tion, a record thereof shall be made in court, and in
such case, the finCj penalty, or forfeiture shall enure
STATE LAWS. 5f-
to the use of the Poor of the City of Boston, to be
paid over to the Overseer of the Poor thereof.
Sect. 3. The fourth and eleventh sections of the
act to which this act is in addition, are hereby re-
pealed.
An Act to prevent Bonfires and False Alarms of Fire.
[1837, Ch. 177.]
Be it enacted by the Senate and House of Repre-
sentatives in General Court assembled, and bij the
authority of the same, as follows :
Sect. 1. If any person shall be concerned in
causing or making a^ bonfire, in any Town in the
Commonwealth, within ten rods of anv house or
building, he shall be punished, on conviction before
any court proper to try the same, by a fine not ex-
ceeding twenty dollars, or by imprisonment not ex^
ceeding one month.
Sect. 2. If any person, without reasonable cause
shall, by outcry, or the ringing of bells, or otherwise,
make or circulate, or cause to be made or circulated,
in any Town in the Commonwealth, any false alarm
of fire, he shall be punished, on conviction, as meu'
tioned in the preceding section, by a fine not exceed-
ing fifty dollars ; provided, however, that all proceed-
ings under this act within the City of Boston, shall be
had on complaint before the Police Court of said
City, saving always the right of appeal to the Munici^
pal Court of the City of Boston? as in other cases,
58 STATELAWS
An Act to preserve the Harbor of Boston, and to pre-
vent encroachment therein. [1837, Ch. 229.]
Be it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the
authority of the same, as follows :
Sect. 1 . The hne hereinafter described, from the
Free Bridge in the Harbor of Boston to Warren
Bridge in said Harbor, shall be and the same is hereby
estabUshed as one of the lines in said harbor, beyond
which no w^harf or pier shall ever hereafter be extend-
ed into and over the tide water of the Commonwealth.
Sect. 2. The said line begins at the east end of
the north abutment of the Free Bridge, and runs
straight to the southerly corner of Brown's wharf;
thence, by the end of the same, and of Wright's four
wharves, fronting on the channel, to the east corner
of Wright's northeast wharf ; thence, on a straight
line, to the south corner of Wales' wharf, and by the
end to the east angle of the same ; thence from this
last point straight to the east corner of Russia wharf;
thence to the south angle of Fort Hill wharf straight,
and by the end of the wharf to the east corner ;
thence to the south corner of Arch wharf the line is
straight ; the line then follows the end of the last and
Otis' wharf to the east corner of the last ; the direc-
tion is then straight to the southeast angle of Foster's
south wharf; then straight to the south corner of
Rowe's wharf. From this point in a straight direc-
tion to the south corner of Long wharf; thence
straight to the south angle of the advanced part of
the said wharf, and by the end of the same to the
east corner thereof; thence the line is straight to the
east end of Union wharf. From the last point straight
to the southeast corner of Battery wharf. Here the
three next lines commence to advance further into
STATELAWS. 59
deep water than the following wharves, to the west
corner of Gray's, and are thus drawn through the
southeast angle of Battery and the west corner of
Gray's wharf; a circular arc is struck, with a radius
of twelve hundred feet, and three equal chords of
four hundred and seventy feet are drawn upon this
arc : then from Battery wharf the line is northerly
four hundred and seventy feet, forming an angle of
twenty-seven degrees and fifteen minutes with the
chord of the said arc. From the end of the last the
line is also four hundred and seventy feet long, and
parallel with the said chord. From the end of the
last mentioned line the line is four hundred and sev-
enty feet to the west corner of Gray's wharf, forming
the same angle with the chord of the whole arc as
that from Battery wharf. From Gray's the line is
Straight to the north corner of Vinal's wharf. The
line then passes along the end of this and Brown's
wharf to the west corner of the last ; thence straight
crossing Charles River bridge to the northeast corner
of Trull's wharf; thence the line is straight to the
south abutment of Warren bridge. Which said line
thus described is part of the line reported by commis-
sioners appointed under the resolve, passed the fifth of
March, in the year one thousand eight hundred and
thirty-five, to survey the harbor of Boston, and by
said commissioners drawn and defined on plans by
them taken, and deposited in the library, excepting
that the line herein described and intended, varies
from the line of said commissioners by crossing
Charles River bridge in a straight line from Brown's
wharf to Trull's wharf, as above expressed.
Sect. 3. No wharf, pier or building, or incum-
brance of any kind, sliall ever hereafter be extended
beyond the said line into or over the tide water in
said harbor.
Sect. 4. No person shall enlarge or extend any
60 .STATELAWS.
wharf or pier, which is now erected on the inner side
of said line, further towards the said hne than such
wharf or pier now stands, or than the same might
have been lawfully enlarged or extended before the
passing of this act, without leave first obtained from
the Legislature.
Sect. 5. No person shall in any other part of the
said harbor of Boston, belonging to the Common-
wealth, erect or cause to be erected any wharf or
pier, or begin to erect any wharf or pier therein, or
place any stones, wood or other materials in said har-
bor, or dig down or remove any of the land covered
with water at low tide, in said harbor, with intent to
erect any wharf or pier therein, or to enlarge or ex-
tend any wharf or pier now erected ; provided, how-
ever, that nothing herein contained shall be construed
to restrain or control the lawful rights of the owners
of any lands or flats in said harbor.
Sect. 6. Every person offending against the pro-
visions of this act, shall be deemed guilty of a misde-
meanor, and shall be liable to be prosecuted therefor,
by indictment or information in any court of compe-
tent jurisdiction, and on conviction shall be punished
by a fine not less than one thousand dollars, nor more
than five thousand dollars, for every offence, and any
erection or obstruction which shall be made, contrary
to the provisions and intent of this act, shall be liable
to be removed and abated as a public nuisance, in
the manner heretofore provided for the removal and
abatement of nuisances on the public highway.
Sect. 7. No ashes, cinders, or other rubbish, or
materials of any description shall be put or thrown
out of any steam boat in the harbor of Boston above
Fort Independence, under a penalty of ten dollars for
each offence.
Sect. 8. This act shall go into operation from
and after the passing of the same.
STATELAWS. 61
An Act relating to Alien Passengers. [1837, Ch. 238.]
Be it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the
authority of the same, as follows :
Sect. 1. When any vessel shall arrive at any port
or harbor within this State, from any port or place
without the same, with alien passengers on board, the
officer or officers whom the Mayor and Aldermen of
the City, or the Selectmen of the Town where it is
proposed to land such passengers, are hereby author-
ized and required to appoint, shall go on board such
vessel and examine into the condition of said passen-
gers.
Sect. 2. If, on suph examination, there shall be
found among said passengers, any lunatic, idiot,
maimed, aged or infirm persons, incompetent in the
opinion of the officer so examining, to maintain them-
selves, or who have been paupers in any other coun-
try, no such alien passenger shall be permitted to
land, until the master, owner, consignee or agent of
such vessel shall have given to such City or Town, a
bond in the sum of one thousand dollars, with good
and sufficient surety, that no such lunatic or indigent
passenger shall become a City, Town or State charge,
within ten years from the date of said bond.
Sect. 3. No alien passengers, other than those
spoken of in the preceding section shall be permitted
to land until the master, owner, consignee or agent of
such vessel shall pay to the regularly appointed board-
ing officer, the sum of two dollars for each passenger
so landing ; and the money so collected shall be paid
into the treasury of the City or Town, to be appropri-
ated as the City or Town may direct for the support
of foreign paupers.
Sect. 4. The officer or officers required in the
62 STATELAWSr*
first section of this act, to be appointed by the Mayor
and Aldermen, or the Selectmen respectively, shall
from time to time notify the pilots of the port of the
said City or Town, of the place or places where the
said examination is to be made, and the said pilots
shall be required to anchor all such vessels at the
place so appointed, and require said vessels there to
remain till such examination shall be had ; and any
pilot who shall refuse or neglect to perform the duty
imposed upon him by this section, ar who shall
through negligence or design permit any alien passen-
ger to land before such examination shall be hady
shall forfeit to the City or Town a sum not less than
fifty, nor more than two thousand dollars.
Sect. 5. The provisions of this act shall not ap-
ply to any vessel coming on shore in distress, or to
any alien passengers taken from any wreck where
life is in danger.
Sect. 6. The twenty-seventh section of the forty-
sixth chapter of the Revised Statutes is hereby re-
pealed ; and the twenty-eighth and twenty-ninth sec-
tions of the said chapter, shall relate to the provisions
of this act, in the same manner as they now relate to
the section hereby repealed.
Sect. 7. This act shall take effect from and after
the passage of the same.
An Act in addition to an act to provide for the con-
finement of Idiots and Insane Persons. [1838^
Ch. VS.]
Be it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the
authority of the same, as follows :
Sect. 1. Whenever application shall be made to
two Justices of the Peace, one of whom shall be of
the quomm, for the confinement of any idiot, lunatic,
^r insane person, not furiously mad, in pursuance of
-the provision of the second section of "an act to pro-
«vide for the confinement of idiots and insane per-
sons," passed on the thirteenth day of April, in the
year one thousand eight hundred and thirty-six, the
Justices to whom such application is made, shall,
^upon the request of the person complained against,
issue their warrant to the Sheriff, or any Deputy of
the Sheriff in their county, to summon a jury of six
lawful men, to hear and determine the question,
whether the person complained against is an idiot, or
lunatic, or insane, and not furiously mad as aforesaid.
Sect. 2. The provisions of the second, third,
fourth, and fifth sectipns of " an act concerning luna-
fies,^' passed the nineteenth day of April, in the year
one thousand eight hundred and thirty-seven shall ap-
^ly to trials by jury herein provided for; and the
Justices aforosaid shall have all the powers, and per-
form rd I tho duties devolved upon the Judges named
in said act, by the second, third, fourth and fifth sec-
lions of the same.
Sect. 3. Any lunatic or insane person confined in
any jail, or house of correction, by authority of a
certificate of the trustees af the State Lunatic Hos-
pital, according to tl^e provisions of the fifteenth sec-
tion of the forty^eighth chapter of the Revised Stat-
utes, may be discharged therefrom by the County
Commissioners of the several counties respectively,
whenever the cause of confinement shall have ceas-
rcd to exist. And said Commissioners, whenever in
their opinion, such lunatic or insane person can, in
such manner be more comfortably provided for, and
the safety of the public will not be endangered there-
by, may provide for his custody and support in other
places than in ^a.id jails and houses of correction^ or
64 STATELAWS.
may deliver him to the custody and care of any City,
or Town, in which he may have a legal settlement,
the said lunatic or insane person, still continuing sub-
ject to the order and direction of said Commissioners.
The expense of so providing for such lunatic or in-
sane person shall be reimbursed in the same manner,
and recovered by the same remedies, as are provided
in the sixteenth section of the forty-eighth chapter of
the Revised Statutes : Provided, that in no case shall
the sum charged for such provision exceed two dol-
lars and fifty cents per week.
Sect. 4. This act shall take effect from and after
its passage.
An Act concerning the Police of Boston. [1838,
Ch. 123.]
Be it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the
authority of the same, as follow s:
The Mayor and Aldermen of Boston may, from
time to time, appoint such police officers for said City,
as they may judge necessary, with all or any of the
powers of the constables of said City, except the
power of serving and executing any civil process ; and
the said pohce officers shall hold their offices during
the pleasure of the said Mayor and Aldermen,
STATEL.AWS. !&S
An Act concerning Elections. [1839, Ch. 42.]
Be it enacted by the Senate and House of Repre-
sentatives, in General Court assembled^ and by the
authority of the same, as follows :
Sect. I. All meetings for the election of Gov-
ernor, Lieutenant Governor, Senators and Represen-
tatives of the Commonwealth, Electors of President
and Vice President of the United States, or of Rep-
resentatives to Congress, shall be opened as early as
two o'clock in the afternoon of the day of election :
and it shall be lawful for all of said Officers to be vot-
ed for on one ballot or at the same time on separate
ballots.
\_The Ind, Zrd, and Ath sections of this act are omitied, not being
applicable to any city.']
Sect. 5. No vote shall be received by the officers
presiding at any such election, or at any election for
Selectmen and Town Clerk of any Town, or for
Mayor, Aldermen or Common Council of any City,
unless the same be presented for deposit in the ballot
box, open and unfolded : nor shall any such vote be
so received, until the name of the person offering the
same, shall have been found upon the list and check-
ed by the presiding officers, or by some one appoint-
ed by them therefor.
Sect. 6. If any Selectman, or other Town or
City Officer shall wilfully neglect or refuse to perform
any of the duties required of him by the third chapter
of the Revised Statutes or by the provisions of this
act, he shall forfeit a sum not exceeding two hundred
dollars.
Sect. 7. This act shall take effect from and after
its passage.
66 STATE LAWS.
An Act concerning Dealers in Second-hand Articles.
[1839; Ch. 53.]
Be it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the
authority of the same, as follows :
Sect. 1. The Mayor and Aldermen of any City,
and the Selectmen of any town may license such per-
sons as they deem suitable to be keepers of shops for
the purchase, sale, or barter of junk, old metals, or of
any second-hand articles, and to be dealers therein.
Sect. 2. The licenses to such persons shall desig-
nate the place where the business is to be carried on,
and contain such conditions and restrictions as may
be prescribed by the ordinances and by-laws of the
city or town wherein the same are granted, and shall
continue in force for one year unless sooner revoked.
Sect. 3. No person unless licensed as aforesaid,
shall keep any shop for the purchase, sale, or barter
of the articles aforesaid, or be a dealer therein ; nor
shall any person so licensed, keep such shop, or be a
dealer in said articles in any other place or manner
than as is designated in his license, or after notice to
him that said license has been revoked, under the
penalty of a sum not exceeding twenty dollars for
every offence, to be recovered by complaint in any
Police Court, or by indictment in any Court of Record
in the County where such offence may be committed.
Sect. 4. The City Council of any City may sus-
pend or dispense with the provisions of this act so far
as the same apply to such City, provided, that no of-
fence committed and no penalty incurred before such
suspension shall take effect, shall be affected thereby •
and the provisions of this act shall not extend to any
town unless the inhabitants thereof, shall, at a legal
meeting, adopt the same.
STATELAWS. Of
An Act concerning Riots. [1839, Ch. 54.]
Be it enacted by the Senate and House of Hejpre-^
sentatives, in General Court assembled, and by the
authority of the same, as folloivs :
Sect. 1. The sixth section of the one hundred
and twenty-ninth Chapter of the Revised Statutes,
shall be applicable to proceedings had, and cases aris-
ing under the provisions of the fourth and fifth Sec-
tions of said Chapter, or either of them.
Sect. 2. Whenever any property of the value of
fifty dollars or more, shall be destroyed, or be injured
to that amount by any persons to the number of twelve
or more, riotously, or routously, or tumultuously as-
sembled, the city or tow^n within which said property
was situated, shall be liable to indemnify the owner
thereof to the amount of three-fourths oi the value of
the property so destroyed, or the amount of such in-
jury thereto, to be recovered in an action of the case
in any Court proper to try the same ; Provided, the
owner of such property shall use all reasonable dili-
gence to prevent its destruction, or injury, by such
unlawful assembly, and to procure the conviction of
the offenders.
Sect. 3. Any City or Town which shall pay aoy
sum under the provisions of the preceding section,
may recover the same against any or all of the per-
sons who shall have destroyed or injured such prop^
erty.
68 ^ STATEL.AWS
An Act to establish tlie Boston Lunatic Hospital.
[1839, Ch. 131.]
Be it enacted by the Senate and House of Bepre-
sentatives, in General Court assembled, and by the
authority of the same, as follows :
Sect. 1. The City Council of the City of Boston
are hereby authorized to erect and maintain a Hospi-
tal, for the reception of insane persons not furiously
mad ; and provision shall be made for the comforta-
ble support of all persons confined therein.
Sect. 2. The said City Council shall appoint a
Superintendent, who shall be a physician, and con-
stantly reside at said Hospital.
Sect. 3. The said Council shall have power to
pass such ordinances as they may deem expedient for
conducting, in a proper manner, the business of the
institution, and for appointing such other officers as,
in their opinion may be necessary.
Sect. 4. The inspectors of prisons for the County
of Suffolk shall be inspectors of said Hospital, and
shall perform the like duties in relation to it that they
are now by law required to perform in relation to the
prisons in said county.
Sect. 5. Whenever it shall be made to appear,
on application in v/riting {to the Judge of the Muni-
cipal Court in the City of Boston, — Bepealed] that
any person is insane, not being furiously nmd, the
said judge is hereby authorized to order the confine-
ment of such person in the said Hospital : Provided,
that, upon the request of such person, the question of
his sanity shall be tried by a jury in said Court. Such
sum per week shall be allowed and paid, for the sup-
port of every such person confined as aforesaid, as
the I^Iayor and Aldermen of the City of Boston shall
direct ; and if, in any case, there shall be no parent,
STATE LAWS. 69
kindred, master, guardian, town or city, obliged by-
law to maintain the person so confined, and if he
have no means of supporting himself, the same sum
shall be paid out of the treasury of the Common-
wealth, for his support, as may be allowed for other
lunatic or insane State paupers ; and any person,
committed as aforesaid by said judge, may at any
time be discharged, when, in his opinion, such dis-
charge would be for the benefit of the person so con-
fined, or when, in his opinion, such person would be
comfortably supported by any parent, kindred, friends,
master or guardian, or by any town or city in which
such person may have a legal settlement ; and the
said judge, jury, or other officers, and all witnesses,
shall receive the same fees and compensation for ser-
vices performed and for attendance and travel, as are
allowed by law for like services in criminal proceed-
ings, to be taxed, allowed and paid in the same
manner.
Sect. 6. All insane persons who are now confined
in the House of Correction or the House of Industry
in said City, or may hereafter be subject to confine^
ment therein, and all lunatics, idiots, and other pa-^
tients, who shall be removed from the State Lunatic
Hospital at Worcester, to the City of Boston, by the
Trustees thereof, by virtue of the fourteenth and
fifteenth sections of the forty-eighth chapter of the
Revised Statutes, shall hereafter be confined in the
said Boston Lunatic Hospital.
Sect. 7. Any lunatic or insane person, who may
be confined in said Hospital, upon his removal from
the State Luuatic Hospital, as provided in the pre-^
ceding section, may be discharged therefrom by the
Mayor and Aldermen of said City, whenever the
cause of confinement shall have ceased to exist ; and
said Mayor and Aldermen, whenever, in their opin-^
ion, such lunatic or insane person can in such rnan-'
70 STATELAWS.
ner be more comfortably provided for, and the safety
of the public will not be endangered thereby, may
provide for his custody and support in other places
than in said Hospital, the said lunatic or insane per-
son still continuing subject to the order and direction
of the said Mayor and Aldermen, or said Mayor and
Aldermen may deliver him to the custody and care
of any City or town in which he may have a legal
settlement. The expense of so providing for such
lunatic or insane person shall be reimbursed in the
same manner, and recovered by the same remedies as
are provided in the sixteenth section of the forty-
eighth chapter of the Revised Statutes : Frot'ided,
that in no case shall the sum charged for such provis-
ion exceed two dollars and fifty cents per week.
Sect. 8. All laws inconsistent with this act are
hereby repealed.
Skct. 9. This act shall take effect from and after
its passage.
An Act concerning Houses of Correction. [1839,
Ch. 146.]
Be it enacted by the Senate and House of Repre^
sentatives, in General Court assembled, and by the
authority of the same, as follows :
Sect. I. No Master or Keeper of any House of
Correction shall hereafter be required to keep the ac-
counts which are now required to be kept by them,
by virtue of the provisions of the twenty^fourth section
of the one hundred and forty-third chapter of the Kef
jvised Statutes ; and the twenty-sixth section of said
chapter is hereby repealed.
Sect. 2. No Master oi^ JCeeper of any House of
Correction shall have a right to demand and recover
STATELAWS. 71
of any city or town in which any person sentenced to
such House of Correction has a lawful settlement, or
of any kindred of such person liable by law to main-
tain him, any further or greater sum than the amount
of the personal expenses of the maintenance of such
person during his confinement therein, deducting
therefrom such sum as he may have earned by his
personal labor : Provided, that this section shall not
apply to any claim which the Master or Keeper of the
House of Correction in the City of Boston may have
upon said City, for expenses incurred in said House
of Correction.
An Act in addition to an Act concerning Lunatics..
[1839, Ch. 149.]
Be it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the
authority of the same, as follows :
Sect. 1. Either of the Justices of the Supreme
Judicial Court, or of the Court of Common Pleas, at
any term held within and for the County of Worces-
ter, or the Judge of Probate of said County, may, on
application in writing for the discharge from said Hos-
pital of any lunatic who shall have remained there a
sufficient time to make it appear that he is incurablcj
cause such lunatic to be delivered to the agents, of any
town in which he may have his legal settlement, or to
the friends of such lunatic, when, in the opinion of
either of said Justices, or of said Judge of Probate, it
would not be to the injury of the person so confined,
and when it shall be made to appear that such person
would be comfortably and safely provided for, by any
parent, kindred, friend, master, or guardian, or by any
Town or City in which he may have a legal settle-
72 STATELAWS.
ment. And whenever request for that purpose shall
be made in writing, by any person interested in such
discharge, lo the Judge before whom the trial is to be
held, he shall issue a warrant to the Sheriff, or any
Deputy Sheriff in the County of Worcester, directing
such Sheriff or Deputy to summon a jury of six lawful
men to hear and determine the question whether such
lunatic is incurable, and may be comfortably and safe-
ly provided for, according to the terms of this act.
And the proceedings shall be the same in selecting
the jurors, conducting the trial, and allowing the costs,
as are provided in the two hundred and twenty-eighth
chapter of the laws of the year one thousand eight
hundred and thirty-seven.
Sect. 2. If at any time after the discharge of an
incurable lunatic, as above provided, it shall be made
to appear, on complaint by any person, under oath,
to the Judge of Probate for the County in which
such lunatic has his legal settlement, or shall be placed,
that he is not comfortably supported, or that the pub-
lic safety is endangered by him, it shall be the duty of
said Judge to order his recommitment to said Hospi-
tal. And the same proceedings may be had in deter-
mining these questions by a jury, upon the request of
any person interested therein, made in writing to said
Judge, as are provided in the preceding section.
Sect. 3. In case of the absence, sickness or deathj
of the Judge of Probate of any County in the Com-
monwealth, except the County of Suffolk, any Justice
of the Supreme Judicial Court, or of the Court of
Common Pleas, may commit to the State Lunatic
Hospital, any lunatic furiously mad in such County,
in the same manner and upon the same proceedings
as are now provided by law for the commitment of
lunatics to said hospital by Judges of Probate.
StATELAWS. t3
An Act concerning the maintaining of Prisoners in
Jails and Houses of Correction. [1839, Ch. 156.]
Be it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the
authority of the same, as follows :
No allowance shall be made by the Commonwealth
for the maintenance and support of any prisoner in
any Jail or House of Correction, after the first day of
July next; but the expense of maintaining and sup-
porting all such prisoners as have no legal settlement
in this Commonwealth, shall be borne by the County
in which such Jail or House of Correction is estab-
lished.
An Act concerning the Apprehension of Criminals.
[1840, Ch. 75.]
Be it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the
authority of th^e same, as follows :
Secto 1. The Selectmen of any Town or the Mayor
and Aldermen of any City, are authorized, whenever
in their opinion, the public good may require it, to
offer a suitable reward, to be paid by such town or
city, not exceeding two hundred dollars in any one
case, to any person, who shall in consequence of such
offer, secure any person charged with any capital
crime, or other high crime or misdemeanor, commit-
ted in such towm or city, and such reward shall be
paid by the Treasurer of such town or city upon the
warrant of the Selectmen or Mayor and Aldermen.
Sect. 2. When more than one claimant shall ap-
pear and apply for the payment of such reward, the
74 STATELAWS.
Selectmen, or Mayor and and Aldermen shall deter-
mine to whom the same shall be paid, and if to more
than one person, in what proportion to each, and
their determination shall be final and conclusive in
law upon all persons whatsoever.
An Act in addition to " An Act to establish the
Boston Lunatic Hospital." [1840. Ch. 79.]
Be it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the
authority of the same, as follows :
Sect. 1. Whenever it shall be made to appear
on application in writing to the Police Court of the
City of Boston, that any person is insane, not being
furiously mad, and is either chargeable or likely to
become chargeable to the City or the State, or being
furiously mad, has his legal settlement in and is
chargeable to said City, the said Police Court are
hereby authorized to order the confinement of such
person in the said Boston Lunatic Hospital, saving to
the person complained against, the right to appeal
from such order to the Municipal Court of the City
of Boston, as is now allowed from other judgments of
said Police Court, by law. And upon his appeal, the
question of his sanity shall, upon his request therefor,
be tried by a jury in said Court. If on such appeal
it shall be made to appear that such person is insane
as aforesaid, and is or is likely to be chargeable as
aforesaid, the said Municipal Court shall affirm the
judgment of the said Police Court, with additional
costs, and issue a warrant for his commitment accord-
ing to law ; otherwise such person shall be discharged.
Sect. 2. Any person who shall apply for the
commitment of any lunatic, under the provisions of
S T A T E L A W S . 75
the preceding section, shall first give notice in writing
to the Mayor of the City of Boston, of his intention
to make such application, and satisfactory evidence
that such notice has been given shall be produced to
the said Police Court, at the time of making such
application. And the said Police Court may order
any further notice of such application to be given to
the person complained of or to any other person or
persons in his behalf, as they "shall deem to be neces-
sary or reasonable.
Sect. 3. Any person committed to said Hospital
by either of the Courts as aforesaid, and any person
who may be confined in said Hospital, upon his re-
moval from the State Lunatic Hospital, as provided
in the sixth section of the act to which this is in
addition, may at any trme be discharged therefrom by
the Mayor and Aldermen of the said City of Boston,
whenever the cause of confinement shall have ceased
to exist, or when in the opinion of the said Mayor
and Aldermen such discharge would be for the benefit
of the person so confined, or when in their opinion
such person would be comfortably supported by any
parent, kindred, friends, master or guardian, or by
any town or City in which such person may have a
legal settlement. And said Mayor and Aldermen,
whenever in their opinion, such lunatic or insane per-
son can in such manner be more comfortably provided
for, and the safety of the public will not be endan^
gered thereby, may provide for his custody and sup-
port in other places than in said Hospital, the said
lunatic or insane person still continuing subject to the
order and direction of the said Mayor and Aldermen ;
or, said Mayor and Aldermen may deliver him to the
custody and care of any City or town in which he
may have a legal settlement. The expense of so
providing for such lunatic or insane person, shall be
reimbursed in the same manner and recovered by the
76 STATELAWS.
same remedies, as are provided in the sixteenth sec-
tion of the forty-eighth chapter of the Revised Stat-
utes : Provided, that in no case shall the sum charged
for such provision exceed two dollars and fifty cents
per week.
Sect. 4. So much of the one hundred and thirty-
first chapter of the Statutes of the year one thousand
eight hundred and thirty-nine as relates to the com-
mitment of persons to the said Boston Lunatic Hos-
pital, by the Judge of the Municipal Court of the
City of Boston, and to their discharge therefrom by
him, is hereby repealed ; but all orders of the said
Judge relating thereto, and rendered prior to the
time this act shall take effect, shall remain in full
force.
Sect. 5. This act shall take effect from and after
its passage.
An Act concerning Rainsford Island. [1839, Ch. 79.}
[Repealed 1840, Ch. 88.]
An Act concerning the Harbor of Boston. [1840,
Ch. 35.]
Be it enacted by the Senate and House of Repre-
sentatives, in General Court Assembled, and by the
authority of the same, as follows :
Sect. 1. The lines hereinafter described, are
hereby established as the lines of the channel of the
harbor of Boston, beyond which no wharf or pier
shall ever hereafter be extended into and over the
tide water of the Commonwealth.
3ect. 2. The line between South Boston (jee
STATELAWS. 77
bridge and the old South Boston bridge on the north
side of the channel, begins at the east end of the
north abutment of the South Boston free bridge, and
runs westerly to the east corner of Wright's wharf, at
the westerly side of said bridge, being forty-six feet
from the west end of said abutment ; thence westerly
till it meets the northeasterly corner of the first wharf
belonging to the South Cove Corporation ; thence
southerly by the ends of the wharves of said corpora-
tion, as now built, to Heath's wharf, and by the end
of Heath's wharf to the southerly corner thereof;
thence southerly to South Boston old bridge, by a
line drawn at right angles with said bridge, from a
point two hundred and ninety-three feet westerly,
from the westerly side of the draw of said bridge.
The line on the south, side of the channel begins on
the north side of South Boston old bridge, at a point
one hundred and seventeen feet easterly, from the
westerly side of the draw in said bridge, and four
hundred and seventy-four feet Vv^esteriy from the
range line of the westerly side of the brick building
standing at the corner, on the easterly side of First
street and northerly side of Fourth street, and four
hundred and thirty feet from the face of the east
stone abutment of said bridge ; thence running norths
erly to the southwesterly corner of Alger's wharf;
thence by the end of said wharf to the northerly cor-
ner of the same ; thence northeasterly to the wharf
belonging to the South Boston Iron Company, thence
to the end of George C. Thacher's large wharf, and
by the same to the northwest corner of said Thacher's
small wharf; and thence easterly by said small wharf,
sixty-four feet to South Boston free bridge, at a point
forty-three feet northerly, from the south stone abut->
ment of said bridge ; thence southerly by the westerly
side of said bridge forty-three feet to the said abut--
ment ; thence easterly by said abutment to the east
78 STATELAWS.
end of the same : the said line then extends five
hundred and twenty feet straight, so as to form an
angle with said bridge of seventy-five degrees : from
this point, the line is straight in a northerly direction,
in such position, that, if it is continued straight, it
shall not approach within six hundred feet of Arch
wharf.
Sect. 3. The line between the Warren Bridge
and the Boston and Roxbury Mill Dam, on the Bos-
ton side of the channel, beigns at the easterly end
of the south abutment of Warren Bridge, and runs
by the face of said abutment, to the west angle of the
same. From this the line is straight to the northern
angle of the solid part of the Boston and Lowell Rail-
road ground ; the line then continues in the same
direction, running westerly, till it meets the north-
easterly side of the bridge of the Boston and Lowell
Rail-road Corporation, at a point sixty-five feet from
the south stone abutment of said bridge ; thence
straight to the westerly side of Canal bridge, at the
southerly side of the pier wharf on which the gymna-
sium stood, being at a point one hundred and six feet
southerly, from the southerly side of the draw in
said Canal bridge ; thence to the northeasterly cor-
ner of the solid wharf, belonging to the Charles River
Wharf Company, and by the end of said wharf to the
westerly corner of the same ; thence to a ledge of
rocks, off against the end of Taylor's wharf, at a
point, one hundred and eighty feet from said wharf,
and four hundred and sixty-nine feet from a brick
house standing at the corner, on the northwesterly
side of Brighton street, and northerly side of Poplar
street ; thence straight to the southwesterly corner of
the pier wharf situate on the southerly side of West
Boston bridge, crossing the westerly side of said
bridge, at a point fourteen feet easterly, from the
draw in said bridge, and one hundred and eighty-eight
§ T A 1- E L A W S^ iS
feet westerly, from a brick building standing at the
corner, on the easterly side of Charles street, and
southerly side of Cambridge street ; thence, the line
is straight in a direction, to a point on the northerly
side of the Boston and Roxbury Mill Dam, which
point is eight hundred feet westerly from a brick
building standing at the corner, on the easterly side
of Charles street, and northerly side of Beacon street,
and one hundred and twenty-five feet westerly, from
the sea wall at the easterly end of said Mill Dam, and
keeping in that direction till it intersects a line drawn
parallel with, and two hundred feet from the norther-
ly side of said dam ; thence westerly by said parallel
line to the west end of said dam.
Sect. 4. The line on the Charlestown side of the
harbor begins at the -southwest corner of the most
westerly navy yard wharf in Charlestown, and run-
ning southwesterly about one thousand six hundred
and fifteen feet, to a timber pier of Charles river
bridge, which is three hundred and forty feet north-
erly, from the draw in said bridge, and five hundred
and ninety-two feet southerly, from the southerly
corner of a brick store, on the northerly side of Wa-
ter street, at the junction of Main and Water streets ;
thence on the same course, to a point, one hundred
feet from the west side of Charles river bridge, being
in all one thousand seven hundred and thirty-five
feet ; thence northwesterly, about five hundred and
twenty feet, crossing Warren bridge, to the southwest
corner of Thompson's wharf, which corner is three
hundred and thirty-eight feet from the southwest rail
of the Charlestown Branch Rail-road, and two hun-
dred and seventy-eight feet from the sea wall built
by the Charlestown Land and Wharf Company ;
thence northwesterly, about five hundred and fifteen
feet to the southeast corner of the wharf belonging to
the Charlestown Land and Wharf Company, nearly
So STATELAWS.
opposite a passage way ; thence northwesterly, about
nine hundred and twenty feet, to a point in range
with the east side of Fifth street, being two hundred
and eighty-four feet westerly, from the sea wall,
measured on a line in range with said east side of
Fifth street ; thence, northwesterly, about five hun-
dred and ninety feet, to a point fifteen feet from the
south corner of wharf B., occupied by Charles Gould,
as a lime wharf, which point is three hundred and
twelve feet from the sea wall of the Charlestown Land
and Wharf Company ; thence northwesterly, about
four hundred feet to Prison Point bridge, at a point
which is eighty-six feet easterly, from the east side of
the draw in said bridge, and three hundred twenty-
three feet southwesterly from the sea wall, measur-
ing along the southeasterly side of said Prison Point
bridge.
Sect. 5. The line on the East Boston side of the
harbor, commences at a point on the East Boston
flats, on the northerly side of Bird Island channel,
which point is denoted by the letter A on the plan of
the harbor, and is situated on a line, in range with the
southerly side of Sumner street, in said East Boston,
and at the distance of eight hundred feet from the
intersection of the east side of Jeffiies street and
southerly side of Sumner street; thence running
westerly from said point, about one thousand feet, to
the point B, situated in the division line between the
upland lots numbered sixty and sixty-one, produced
five hundred and seventy-five feet from the south side
of Marginal street, or about eight hundred and eighty
feet in said line from the south side of Sumner street ;
thence, again, westerly, on a straight line, about
two thousand feet, to the point C, in range with the
division line between the water lots of Peter Dunbar,
and Fettyplace and Lamson, at the distance of one
thousand one hundred feet from the southwesterly side
STATE L AW S . 81
of Marginal street, and one thousand six hundred and
ninety feet from the southwesterly side of Sumner
street ; thence northwesterly by a hne, parallel to the
southwesterly side of Sumner street, nine hundred
and eighty feet to the point D, in the range of the
easterly boundary line of the water lot of the Eastern
Rail-road Company, and one thousand six hundred
and ninety feet from Sumner street ; thence the line
runs straight, a northerly course, about two thousand
six hundred feet, to the point E, situated at the dis-
tance of five hundred and ten feet from the point F,
which point F is situate in the division line between
the water lots of Samuel Aspinwall, and Pratt and
Gushing ; the said point F being one hundred and
seventy feet northeasterly, from the southwesterly side
of Sumner street, in the northwesterly side of a street
forty feet wide, on which street said Samuel Aspin-
well, and Pratt and Gushing are bounded^ southeast-
erly ; the line from E to F (being five hunded and
ten feet in length,) makes a right angle with the hue
D E ; from the point E the line is an arc of a circle,
described from the centre F, with a radius of five
hundred and ten feet, to the point G in the division
line between the water lots of said Aspinwall, and
Pratt and Gushing ; thence from the point G the line
runs straight four hundred and seventy-eight feet, to
the point H in the southwesterly division line of the
water lot of the East Boston Timber Gompany, and
in the range line of the northeast side of Maverick
street, at the distance of seven hundred aud fifty-six
feet from the west side of Border street. From the
point H, the line continues straight about five hun-
dred and seventy feet, to the point I, in the northerly
division line of flats or water lots of the East Boston
Timber Gompany, at the distance of eight hundred
and forty-five feet, from the west side of Border
street. From the point I, the line continues north-
82 STATELAWS.
erly, a straight course, about three thousand three
hundred feet to the point K, fixed at the distance of
one thousand one hundred and seventy feet from the
intersection of the easterly side of Meridian street,
and southerly side of Eagle street, measured on a
right line, running northwesterly from said intersec-
tion, at an angle of one hundred and forty-six degrees
and thirty-nine minutes with said Eagle street.
Sect. 6. No wharf, pier, building, or incumbrance
of any kind, shall ever hereafter be extended beyond
the said line into or over the tide water in said har-
bor, nor shall any wharf or pier which is, now erected
on the inner side of said line, extend further towards
the said line than such wharf or pier now stands, or
than the same might have been lav/fully enlarged or
extended before the passing of this act, without leave
being ifirst obtained from the Legislature.
Sect. 7. Every person or corporation offending
against the provisions of this act, shall be deemed
guilty of a misdemeanor, and shall be liable to be pros-
ecuted therefor, by indictment or information, in any
court of competent jurisdiction ; and, on conviction,
shall be punished by a fine not less than one thou-
sand dollars, nor more than five thousand dollars, for
every offence ; and any erection or obstruction which
shall be made contrary to the provisions and intent of
this act, shall be liable to be removed and abated as
a public nuisance, in the manner heretofore provided
for the removal and abatement of nuisances on the
public highway.
Sect. 8. This act shall take effect from and after
Its passage.
GOVERNMENT
OF THE
CITY OF BOSTON,
FOR THE YEAR
18 4 1.
MAYOR,
JONATHAN CHAPMAN.
[Salary |-2,500.]
ALDERMEN,
/ THOMAS WETMORE, ^
THOMASjnLNTING,:2. sMmji^' *%*^^
JAMES CLARJL
CHARLES_WILKINS, 4l/*^&..P,
S. ABRAHAM T. LOWE, ^' ^^ ^^^C/- •
^HARLEsIaMQRY, ^.^U^* ^Zx-"-* —
jBENSON_LEAyiTT. ^. J^tJi^L.^^^^^^^'
Samuel F. McCleary, City Cleric.
Salary $1,500, and for Assistant Clerks, $600. [Chosen in Con-
vention of the City Council, on the 1st Monday in January. — City
Ordinances, p. 13.]
Johnson Colby, Messenger.
Salary $800. [Appointed by the Mayor and Aldermen. City Or-
dinances, p. 17.]
COMMON COUNCIL.
EDWARD BLAKE,
PRESIDENT.
Ward No. 1.
y^ Isaac Harris,
y Benjamin Dodd,
^ William Dillaway,
^ Henry N. Hooper.
Ward No. 2.
^ Richard Brackett^
>^ jFreeborn F. Raymond,
Samuel Emmes,
X Erastus W. Sanborn.
"~ ~~Ward No. 3.
Simon G. Shipley,
John Snelling,
>'- Benajah ^righanii
Jacob Stearns.
Ward No. 4.
Moses Grant,
^ A. A JV^ellington,
James Haughton,
Joseph T. Adams.
"""^r-WixA No. 5.
y- GeorgeJW. Otis, Jr.,
Pelham Bonifey,
^ Freeman Stowe,
y Edward P. Meriam.
Wi^d No. 6.
Ezra Lincoln,
K Ngwejl A. Thompson.
John H. Wilkins,
Enoch Train.
Ward No. t.
Edward Blake,
Ezra^ C. Hutchins,
Theophilus R. Marvin,
John P. Healy.
Ward No. 8.
Eliphalet Williams,
Thomas_i_Shelton^
William W. Parrott,
Benjamin P. Richardson.
Ward No. 9.
Thomas C. Amory,
Stephen Shelton,.
Jonathan Preston^
Moses Whitney, Jr.
Ward No. 10.
^Lemuel Shattuck,
Ruel Baker,
1^ Daniel Kimball.
Luther Blodgett.
Ward No. 11.
J^hnjG^^NazrOi
Edward S. Erving.
John G. Roberts,
Richard Urann.
Ward No. 12.
Samuel Leeds,
^ Seriah_Stey^ens,
^ William- H. Howard,
1^ William B. Harding.
Richard G. Wait, Clerk.
Salary $800. [Chosen on the 1st Monday in January,
nances, p. 16.]
City Ordi-
Johnson Colby, Messenger.
85
JOINT STANDING COMMITTEES.
ON THE REDUCTION OF THE CITY DEBT.
The Mayor, President of the Common Council, and the Chairman
of the Committee on Finance on the part of the Common Council.
ON ACCOUNTS.
Aldermtn,
Charles Wilkins,
Thomas Wetmore.
Common Council.
Thomas C. Amory,
Thomas J. Shelton,
Enoch Train.
VISITORS OF THE BOSTON LUNATIC HOSPITAL.
The Mayor.
Aldermen.
William T. Andrews,
Charles Wilkins.
The Mayor,
Eliphalet Williams,
Jacob Stearns,
Ezra C. Hutchins,
Aldermen.
Thomas Hunting,
Charles Wilkins.
ON FINANCE.
Common Cowicil.
Simon G. Shipley,
Lemuel Shaltuck,
Jacob Stearns,
George W. Otis.
Alfred A. Wellington,
James Haughton,
Moses Whitney, jr.
John G. Nazro.
ON PUBLIC LANDS.
Common Council.
Simon G. Shipley,
Benjamin P. Richardson,
Richard Urann.
Aldermen.
William T. Andrews,
James Clark.
ON PUBLIC BUILDINGS.
Common Council.
Jonathan Preston,
Erastus W. Sanborn,
Isaac Harris,
Newell A. Thompson,
Samuel Leeds.
ON WATER,
The Mayor.
Aldermen,
Abraham T. Lowe,
Benson Leavitt,
Charles Amory,
Thomas Wetmore.
Common Council.
William W. Parrott,
Stephen Shelton,
Richard Brackett,
Benajah Brigham,
Pelham Bonney,
John G. Roberts,
William H. Howard.
86
STANDING COMMITTEES
OF THE
MAYOR AND ALDERMEN
ON THE POLICE OF THE CITY,
The Mayor.
ON INTERNAL HEALTH DEPARTMENT.
Aldermen Hunting, Wilkins and Amory.
ON EXTERNAL HEALTH DEPARTMENT.
Aldermen Lowe, Wetmore and Andrews.
ON THE JAIL AND HOUSES OF INDUSTRY AND CORRECTION.
Mayor, Aldermen Andrews and Wilkins.
ON THE FIRE DEPARTMENT AND RESERVOIRS.
Mayor, Aldermen Hunting and Wilkins.
ON THE MARKET.
Aldermen Amory, Hunting and Leavitt.
ON THE COMMON, MALLS, FORT HILL AND COPPS' HILL,
Mayor, Aldermen Amory and Leavitt.
ON THE BURIAL GROUNDS AND CEMETERIES.
Aldermen Clark, Wilkins and Lowe.
ON THE LAMPS, BELLS AND CLOCKS.
Aldermen Lowe, Leavitt and Andrews.
ON THE BRIDGES.
Aldermen Hunting and Clark.
ON THE COUNTY ACCOUNTS.
Aldermen Wilkins and Wetmore.
ON THE LICENSES.
Aldermen Andrews, Lowe and Amory.
87
ON LAYING OUT AND WIDENING STREETS,
Aldermen Wetmore, Andrews and Clark.
ON THE PAVING AND REPAIRS OF STREETS.
Aldermen Hunting, Amory and Clark.
ON THE COMMON SEWERS AND DRAINS,
Aldermen Wetmore, Wilkins and Leavitt.
STANDING COMMITTEES
OF THE
C OMMON C OUNC I L
ON ELECTIONS AND RETURNS.
Joseph T. Adams,
Freeborn F. Raymond j
Henry N- Hooper,
Edward P. Meriamj
Luther Blodget.
ON ENROLLED ORDINANCES.
John P. Healy,
Daniel Kimball,
Thomas J. Shelton,
Edward Sc Erving,
William B. Hardingo
Lemuel Shattuck,
Ezra Lincoln,
John Snelling,
John H. Wilkins,
ON PUBLIC INSTRUCTION.
Freeman Stowe,
Theophilus R. Marvin^
Benjamin Dodd.
ON THE HOUSES OF INDUSTRY, CORRECTION AND REFOR-
MATION.
Moses Grant,
Eliphalet Williams,
George W. Otis,
Ruel Baker.
Samuel Emmes,
William Dillaway,
Seriah Stevens.
88
TREASURY DEPARTMENT.
Richard D. Harris, City and County Treasurer and Collector — sal-
ary $-1,800 ; and $800 for Assistant Clerks. [Chosen by the City
Council in Convention, in May. — City Charter, § 19.]
Willard Clough, ) Deputy Collectors. Salary $170 each, and
Jonathan Prescott, \ fees.
William Hay den, J? Mc?z7or — salary $1,500. [Chosen by concurrent
vote of the City Council, in May. — City Ordinances, p. 29.]
Assessors, Samuel Norwood, Henry Bass, Thomas Jackson — salary
$1,200 ; and $400 for Assistant Clerks.
Assistant Assessors, residing m the different Wards.
Ward 1. Enoch H. Snelling,
George Low.
2. Thomas Mouhon,
Thomas J. Dunbar.
3. Thomas Gould,
Oliver Dyer.
4. S. S. Littlehale,
Benjamin Lamson.
5. Benj. G. Bordman,
Caleb Metcalf.
6. Jesse Shaw,
William Parsons.
Ward 7. Jeremiah Fitch,
Benj.B Appletou.
8. James B. Richardson,
J. H. Thayer.
9. William Bramhall,
Clement Willis.
10. Josiah Vose,
Richards Child.
11. Benjamin Hawkes;,
Robert Cowdin.
12. Solon Jenkins, »
Wm. P. Loring.
Samuel Norwood, Secretary.
[The Assessors and Assisstant Assessors are chosen by concurrent
vote of the City Council, in March or April. — Municipal Register,
p. 17.]
The Judge of Probate, Judge of the Municipal Court, and the Jus-
tices of the Police Court, constitute the Board of Accounts for the
County. — [Revised Statutes, p. 164.]
William Knapp, Secretary to the Board. Salary $150.
CITY SOLICITOR AND ATTORNEYS.
John Pickering, City Solicitor. Salary $1,000 and fees. [Chosen
by concurrent vote in June. City Ordinances, p. 38.]
Elbridge G. Austin, City Attorney. Salary $500 and fees. [Chosen
by concurrent vote of the City Council, in May or June. Municipal
Register, p. 37.]
89
POLICE DEPARTMENT.
Peter O. Thacher, Judge of the Municipal Court. Salary ^750,
paid by the City ; and $1,250 by the State.
Samuel D. Parker, Attorney.
Thomas W. Phillips, Clerk.
Henry Homer, Crier and Messenger,
T„r„ /-..„ X? ' f Justices of the Police Court and of ike Justices^
John Gray Rogers, \ ^ , ^ , -^
James C. Merrill, ) ^°^^^' ^^'^^^ i^i,oW, eacn.
Thomas Power, Clerk. Salary $1,400.
William Knapp, Assistant Clerk. Salary $900.
Jonas Stratton, Messenger. Salary $32 per month.
James H. Blake, City Marshal. Salary $1,000.
[Appointed by the Mayor and Aldermen, in May or June. City Or-
dinances, p. 226.]
H?zekiah*E^l!''*°"' \ ^'^^^2/ City Marshals. Salary $700.
[Nominated by the Marshal, and approved by the Mayor and Alder-
men. City Ordinances, p. 226.]
Coroners. Ebenezer Shute, Mace Smith, Jabez Pratt. Fees.
Police Officers. E. V. Glover, George J. De5.ter, Eben Shute, jr.,
Jacob Hook, John Gibbs, Charles Melntire, Francis Merrifield.
Compensation, $1,75 per day.
Constables. Francis M. Adams, Gustavus Andrews, W. G. Babbit,
Josiah Baldwin, S. F. Barrett, John Boardman, S. M. Burnham,
Elisha Copeland, Moses Clark, Willard Clough, Derastus Clapp,
Isaac A. Coolidge, Nathaniel Cooledge, Elisha V. Glover, Josiah
Haskell, Thomas Holden, John Henry, Richard Hosea, Edward P,
Hunt, Charles Hastings, James Hunkins, Jacob Hook, Wm. Loring,
Benjamin Lane, Johnson Lunt, Jabez Pratt, James Pierce, Jonathan
Prescott, George Robinson, George Reed, Charles Smith, Jonas
Stratton, Ebenezer Shute, Ebenezer Shute, jr., Ebenezer Trescott,
Jacob C. Tallant, Henry Taylor, William Whitwell.
James Barry, Captain of the City Watch. Salary, $400, [Appointed
by the Mayor and Aldermen. City Ordinances, p. 282.]
There are 10 Constables of the Watch at $1, and 110 Watchmen
at 90 cents per night.
Nathaniel Cooledge, Deputy Jailer.
The Judge of Probate, the Judge of the Municipal Court, and the
Justices of the Police Court, are the Inspectors of Prisons. [Revised
Statutes, p. 184.]
Williana Knapp, Secretary to the Inspectors^
90
HEALTH DEPARTMENT.
Jerome V. C. Smith, Resident Physician at Rainsford Island. Sal-
ary $1,400. [Chosen by the Mayor and Aldermen. Municipal
Register p. 47.]
John Minot, Keeper of R&insf&rd Island. Salary $700 in addition
to what he may receive from the State. [Appointed by the Mayor
and Aldermen. Municipal Register, p. 47.]
George P. Tewksbury, Captain of the Quarantine Boat. Salary
$80 per month, including the pay of the services of assistant
boatmen. [Appointed by the Mayor and Aldermen. Municipal
Register, p. 47.]
Consulting Physicians^ John C. Warren, George Hay ward, John
Randall, George C. Shattuck, Jacob Digelow. [Chosen by con-
current vote in May or June. City Ordinances, p. 175.]
Samuel H. Hewes, Superintendent of Burying Grounds. Salary
$1,000. [Chosen by concurrent vote of the City Council in May
or June. City Ordinances, p. 189.]
Undertakers. Samuel Winslow, Martin Smith, Joseph Willcutt,
Cyrus Babbit, Henry Davis, Thomas Haskell, Stephen S. Andrews,
Joseph Willcutt, jr., Thom.as Andrews, Francis Dillaway, John
Deluce, John B. Braid, William A. Brabiner, Rodney Gove, Caleb
J. Pratt, Oren Faxon, Levi Whitcomb, Franklin Smith, Timothy
Nun an.
Charles B. Wells, Superintendent of Common Sewers. Salary
S 1,000. [Chosen by concurrent vote in May or June. Municipal;
Register, p. 22.]
The Mayor and Aldermen Surveyors of Highways.
Zephaniah Sampson, Superintendent of Streets. Salary $1,100.
[Chosen by concurrent vote in Jan. or Feb. City Ordinances, p.
260.]
John R. Bradford, Assistant Superintendent. Salary $120.
In the Paving Department two laborers are employed at $B0 per
month; two at |28; /owr at $28; three at $27; and^re at $26.
One Scavenger is employed at $45 per month; o?;e at $30; one at
$28; iu-'O at 27; seventeen ai ^2Q\ and iii-'O at $1,50 per day. Ono
Street Sweeper at $32 per month; three at $28; one at $27; fiftem
at $26 ; and one at $1,50 per da^.
91
PUBLIC LANDS AND BUILDINGS, LAMPS
AND BRIDGES.
Freeman L. Cushman, Superintendent of Public Lands and Public
Buildings. Salary $1,000. [Chosen by concurrent vote in April
or May. City Ordinances, p. 298 ; Municipal Register, p. 44.]
Daniel Rhodes, Clerk of Faneuil Hall Market. Salary $900.
[Appointed by the Mayor and Aldermen in June or July. City
Ordinances, p. 223.]
Sullivan Sawin, Jissistant Clerk. Salary $35 per month.
James Phillips, Superintendent of Faneuil Hall. Salary $100.
[Appointed by the Mayor and Aldermen. City Ordinances, p. 270.]
James Barry, Superintendent of Lamps. Salary $400. [Appointed
by the Mayor and Aldermen. City Ordinances, p. 282.]
There are 22 Lamp Lighters and 1,462 Lamps. Pay, 2 shillings
each Lamp per month.
Samuel Jenkins, Superintendent of the A^orlh Free Bridge. Salary
goOO. [Chosen by concurrent vote in January or February.
City Ordinances, p. 268,]
Royal Oliver, Superintendent of the South Free Bridge. Salary
$200. [Chosen by concurrent vote in January or February. Mu-
nicipal Register, p. 21.]
Daniel Merrill, Keeper of the County Court House. Salary $700.
FIRE DEPARTMENT.
William Barnicoat, Chief Eng Inner. Salary $1,000.
Jissistant Engineers. Salary $150 each.
Henry Smith,
James G. Sanderson 3
Richard A. Newell,
Charles S. Clark,
John Shelton,
Theodore Washburn,
John Green, jr.
Henry Fowle,
Peter C. Jones,
Thomas A. Williams.
Frederick A Colburn, Clerk. Salary $400.
[The Engineers and Assistant Engineers are appointed by the
Mayor and Aldermen with the concurrence of the Common Council.]
There ^re, belonging to the Department, 16 Foremen of Engine,
Hose and Hook and Ladder Companies at ^100 each ; 16 Assistant
Foremen at $15 each ; 16 Clerks at $75 each ; 16 Stewards at $100
each ; and 525 members at $50 each.
92
The following officers are appointed by the Mayor and Aldermen
with the concurrence of the Common Council. They are all paid by
fees excepting the first.
Superintendent of Alien Passengers, Calvin Bailey. Salary ^500,
and 10 per cent, on all moneys received, but not to exceed the
further sum of $500. [Municipal Register, p. 61.]
Surveyor General of Lumber. George W. Otis.
Deputy Surveyors. Warren Bowker, Seth Brooks, William Green,
Gad Leavitl, John Lefavour, Samuel Lamson, Joseph Henderson,
William Fisk, Thomas Barry, Charles Bullard, George W. Cram,
Seth Dewing, Rolun Hartshorn, George Hall, Charles Hersey,
George Page, Seth Thaxter, Jonathan Thaxter, Samuel Waldron,
William Willett.
Weighers of Hay. Ebenezer Clough, John R. Bradford.
Measurers of Wood and Bark brought by land, John R. Bradford,
Amos Bates, William Shattuck, William Fisk, Moses Hadley.
Weigher of Boats and Lighters. James Barry.
City Crier. (Vacant.)
Sealers of Weights and Measures. John M. Dearborn, Araos
Stevens.
Fence Viewers. Romanus Emerson, Rolun Hartshorn.
Cullers of Dry Fish. Benjamin Luckis. (One vacancy.)
Cullers of Hoops and Staves. James Brown. (One vacancy.)
Inspectors of Lime. Francis James, Samuel Sprague.
Assay Master. Isaac Babbitt.
Field Drivers and Pound Keepers. William Fisk, Thomas Gerrish.
Surveyor of Hemp. Benjamin Rich.
PUBLIC CHARITABLE INSTITUTIONS.
The Directors, Overseers and Visitors of the houses, the Master of
the House of Correction, and the Superintendent and Steward of the
Boston Lunatic Hospital, are chosen by concurrent vote of the City
Council. The other officers areappointed by the Directors of the
different Houses.
HOUSE OF INDUSTRY.
Directors. Thomas Hollis, Joseph Lewis, James Means, Daniel
Henchman, Artemas Simonds, Thomas A. Davis, Nathaniel H,
Emmons, David Nickerson.
Daniel Chandler, Superintendent. Salary $1,000.
Thomas Seward, Assistant Superintendent. Salary $650
Artemas Simonds, Clerk. Salary $800.
93
There is paid to the Teamster $300 ; the Gate Keeper $150 ; the
Matron's Assistant, the Overseer of Clothing, and the Overseers of
the Kitchen, each $156. There is also paid by the Trustees of the
Boylston and Mason Funds, to the Preacher ^260, to the Teacher of
the boys $500, and two Teachers of the girls $156 each.
HOUSE OF CORRECTION.
Overseers. Luther Faulkner, George Darracott, George W. Gordon,
' Billings Briggs, Uriel Crocker.
Charles Robbins, Master. Salary $1,000.
Eliphalet P. Hartshorn, Clerk. Salary $700.
There is also paid to four male assistants $300 each ; and to three
female assistants $200 each.
HOUSE OF REFORMATION.
Directors. Larra Crane, John L. Dimmock, John D. Fisher, James C.
Wild, Samuel G. Howe, Henry D. Gray, William Parsons.
Silas Jones, Superintendent. Salary $800.
Larra Crane, Clerk. Salary $400.
There is also paid to the male Teachers $400 and his assistant
$300 ; to the Matron $200, and to two female instructors, $150 and
$130.
BOSTON LUNATIC HOSPITAL.
Visitors. The Mayor, Aldermen, Andrews, Wilkins, and Lemuel
Shattuck, Jacob Stearns and George W.Otis, of the Commou Council.
John S. Butler, Superintendent, and Physician to the above institu-
tions. Salary $1,200.
Sumner Crosby, Steward. Salary $600.
There is also paid to four male attendants $180 each ; to four fe-
male attendants $130 each ; to two male assistants $168 each ;
to two female assistants $156 each ; to one female cook $2,50 ; two
$2 ; and two $1,50, per week each.
OVERSEERS OF THE POOR.
{Chosen in each ward where they reside.'^
Ward 7. Thomas Tarbell,
8. ThomasW. Warren, Jr.
9. Joseph Lewis,
10. Joseph Eustis,
11. Artemas Wheeler,
12. Wilder Harding.
Ward 1. Joseph Hart,
2. Ephraim ^Milton,
3. Joseph Moriarty,
4. William Adams,
5. Daniel Henchman,
6. Billings Briggs,
James Phillips, Clerk. Salary $700.
94
PUBLIC SCHOOLS.
SCHOOL COMMITTEE.
Jonathan Chapman, Mayor, Chairman.
Edward Blake, President of Common Council.
[ The following are chosen by the people in the wards. ]
'ard 1. Isaac H. Frothingham,
Henry G. Clark.
2. James H. Barnes,
J. CuUen Ayer.
3. Ezra Palmer, Jr.
Rollin H. Neale.
4. David Morgan,
Robert C. Waterston.
5. Frederick Emerson, .
Henry Dyer.
6. William J. Hnbbard,
George S. Hillard.
Samuel F. McCleary, Secretary.
Ward 7. Hubbard Winslow,
Charles Gordon.
8. Zabdiel B. Adams,
Martin Gay.
9. William Parker,
Edward Wigglesworth.
10. Winslow Lewis, Jr.
John Odin, Jr.
11. Otis A. Skinner,
William P. Jarvis.
12. Lemuel Capen,
Alvan Simonds. *
SUB-COMMITTEES.
Books. — Messrs. Wigglesworth, Winslow, Palmer, Neale and Hillard.
To confer with Primary School Committee.
Messrs. Emerson, Adams, and Clark.
Music. — Messrs. Emerson, Winslow, and Gordon.
SCHOOLS.
LOCATION.
COMMITTEES.
Latin, - - -
School Street, - - -
Messrs
.The Mayor, Wigglesworth, Wins-
low, Hillard, and Gapen.
English High, -
Pinckney Street,
C(
Hubbard, Palmer, Adams, Lew-
is, and Neale.
Lyman, - - -
East Boston, - - -
cc
Waterston, Barnes, and Morgan.
Eliot, - - - -
North Bennet Street,
cc
Clark, Frothingham, and Ayer.
Endicott, - -
Cooper Street, - -
CI
Palmer, Morgan, and Clark.
Hancock, - -
Hanover Street, - -
((
Palmer, Neale, and Barnes.
Mayhew, - -
Hawkins Street,
u
Wigglesworth, Ayer, andWater-
ston.
Bowdoin, - -
Derne Street, - - -
cc
Winslow, Dyer, and Gordon.
Boylston, - -
Washington Place, -
cc
Gay, Adams, and Gordon.
Adams, - - -
Mason Street, - -
cc
Parker, Gay, and Hubbard.
Franklin, - -
Washington Street,
cc
Skinner, Simonds, and Hillard.
Wells, - - -
McLean Street, • -
cc
Blake, Emerson, and Dyer.
Hawes, - - -
South Boston, - -
cc
Capen, Simonds, and Skinner.
Johnson, - -
Tremont Street, - -
cc
Jarvis, Odin, and J^ewis.
Winthrop, - -
East Street, - - -
cc
Parker, Skinner, and Blake.
Smith, - - -
Belknap Street, - -
cc
Emerson, Dyer, and Waterston.
95
INSTRUCTERS OF THE LATIN AND HIGH SCHOOLS.
Latin School. — Epes S. Dixwell, Master. Salary ^2,400. Fran"
cis Gardner, Sub-Master. Salary $1,500. Edward E.
Hale, Salary $800, and George S. Parker. Salary $700
— Ushers — Jonathan Snelling, Teacher of Writing. Sala-
ry $1,000.
English High — Thomas Sherwin, Master. Salary $2,400. Ln->
ther Robinson, Sub-Master. Salary ^1,500. Francis S.
Williams, Usher. Salary $1,000.
INSTRUCTERS OF THE GRAMMAR SCHOOLS.
The Grammar Masters and Writing Masters of all the Schools
have ^1,500 each, the Ushers $600, and the Assistants ^250 each.
The Master of the Branch of the Hawes School, and the Ushers of
the Johnson and Winthrop Schools, have $800 each, and the Teacher
in Penmanship in the two last Schools has $1,200.
Lyman — Albert Bowker, Master — Mary Atherton, Assistant.
Eliot — David B. Tower, Grammar Master — Levi Conant, Writ-
ing Master — George Tower and Jacob H. Kent, Ushers —
Assistants, Caroline W. Carter and Elizabeth Skinner.
Hancock — William J. Adams, Grammar Master — Peter Mackin-
tosh, Jr., Writing Master — Assistants, Adeline Howe,
Marianne Pierce, Catharine W. Snelling, Mary F. Horton,
Celicia L. Gale and Sarah A. Dyke.
Endicott — George Allen, Jr., Grammar Master — Loring Lothrop,
Writing Master — Oliver C Guptill, Usher — Angelina A-
Bingham, Ann M. Wright and Mary Torrin, Assistants.
Mayhew — William D. Swan, Grammar Master — Aaron D. Capen,
Writing Master — William K. Veill and Benjamin Drew,
Jr., Ushers — Assistants, Mary J. Walker and Mary Wheel-
er.
Bo WD din — Abraham Andrews, Grammar Master — James Robin-
son, Writing Master — Assistants, Mary A. Murdock, Eliza-
beth Lincoln, Chastine Lincoln, Frances M. Robinson, Sarah
B. Jepson, Mary S. Robinson.
BoYLSTON — Charles Fox, Grammar Master — Charles Kimball,
Writing Master — Assistants, E. A. T. Fitzpatrick, Mar-
garet L. Emery, Harriet E. Emery, Clarinda R. F. Tread-
well, Susan A. Bates.
Adams — Samuel Barrett, Grammar Master — Josiah Fairbank,
Writing Master — Josiah A. Stearns, Usher — Assistants,
Mary E. Swift, Mary S. Barker, Sarah E. Weld, Elizabeth
M- Emerson, Harriet D. Williams.
96
Franklin — Barnum Field, Grammar Master — Nathan Merrillj
Writing Master — Joseph T. Swan, Usher — Assistants^
Hannah S. Tirrell, Sarah Ann Gale, Abigail E. Baldwin,
Catharine T. Simonds.
Wells — Cornelius Walker, Grammar Master — Reuben Swan, Jr ,
Writing Master — William H. Swan, Usher — Assistants^
Matilda A. Gerry, Hannah J. Woodman, Caroline Otis,
Charlotte Woodman.
Hawes, S. Boston — Frederick Crafts, Grammar Master — John A.
Harris, Writing Master — Charles A. Merrill, Usher — As-
sistants, Julia M. Baxter, Harriet W. Goodridge, Mary E.
Clark, Mary Ann Capen.
Branch of Hawes School, S. Boston — Jonathan Battles, Jr.,
Master — Lucy Floyd and Lydia S. Brooks, Assistants.
Johnson — Richard G. Parker, Master — Andrew J. Loud, Usher —
Rebecca P. Barry, Martha E. Towne, Sarah Ann Belding,
Helen A. Dorr, Emma J. Knapp, Judith E. Parker, Assist-
ants.
WiNTHROP — Henry Williams, Jr., Master — Daniel French, Usher
— Eliza L. Felt, Lydia E. C. Morse, Maria J. Bryant, Nancy
Brooks, Eliza R. Harrington, Assistants — Charles E. H.
Richardson, Teacher in Penmanship in Johnson and Win-
throp Schools.
Smith — For colored children, Abner Forbes, Master — Assistants^
Sarah Forbes, Susan Paul, Joseph H. Putnam.
' 97
PRIMARY SCHOOLS.
BOARD OF MANAGERS.
R. W. Bayley, Chairman.
Joseph Curtis, Secretary.
Standing Committee. J. F. Bumstead, Chairman. F. A. Sumner,
Secretary. R. W. Bayley, J. B. Stebbins, I. W. Bourne, Francis
Brown, Wm. D. Ticknor, Edmund Jackson, Samuel McBurney,
Wm. p. Jarvis.
Committee on School Rooms. J. W. Ingraham, E. H. Snelling, L.
G. Pray, E. P. Hartshorn, B. T. Richardson, Daniel T. Coit, A. B.
Wheeler, J. B. Stebbins, Edmund Jackson, Samuel McBurney.
Committee of Conference. R. W. Bayley, F. A. Sumner, J. F.
Bumstead.
There are ninety-three primary Schools, divided in ten Districts,
exclusive of East Boston and the Mill Dam. Each District has a
Chairman and Secretary of the Board of Managers ; and each School
is under the instruction of a single Teacher, who receives a salary of
^250 per annum. The Chairman and Secretary of the Board of Man-
agers, and the Teachers in each District, are as follows :
District 1. Chairman, Joseph Moriarty. Secretary, Thomas
Restieaux. Teachers, Charlotte A. Belcher, C. W. Goodridge,
Ann M. Dean, Elizabeth Johnson, Mary S. Stoddard, H. S. Keith,
Caroline H. Freeland, A. S. Marden, Susan B. Betteley, Mary S.
Gale, Sophronia Abbot.
District 2. Chairman, Christopher Gore. Secretary, Andrew
Geyer. Teachers, Nancy B. Seaver, Catharine W. Callender, Mar-
garett W. Hall, Mary E. Butterfield, A. W. Goodrich, Aphia Tur-
ner, Elizabeth Deshon, Silence Wentworth.
District 3. Chairman, Francis Brown. Secretary, S. G. Simp-
kins. Teachers, Sarah N. Swan, Elizabeth S. Emmons, Mary A.
Howe, Lucy A. Clark, Eliza A. Webber, Margarett Townsend,
Henrietta Adams, E. S. Grater, Bethia Whiting, Sophia White,
Catharine A. Jones.
District 4. Chairman, Enoch Hobart. Secretary, Aurelius D.
Parker. Teachers, Elizabeth Ford, F. D. Rappell, Lydia Johnson,
Mary S. Watts, Nancy J. Woodson, M. A. Doak, Sarah C. Moore,
Sarah A. Cushing, A. R. Hapgood, Ellen Hartshorn.
District 5. Chairman, Josiah F. Bumstead. Secretary^ W. D
Ticknor. Teachers, Angelia M. Newmarch, Rebecca R. Thayer,
Rachel Reed, Maria E. Clark, Abigail W. Wilder, Lucy H. Green,
Adeline Lincoln, D. W. Hapgood, Martha W. Cook, Lydia Em-
mons.
9
98
District 6. Chairman^ Daniel T. Coit. Secretary^ James B.
Dow. Teachers, Caroline Johnson, Perces Keyes, Harriet A. Par-
ker, Eliza Ann Parker, Mary Williams, Olivia M. Johnson, Eliza-
beth C. Frink, Margarett E. Sumner.
District 7. Chairman, John Flint. Secretary, A. B. Wheeler.
Teachers, Catharine Pratt, H. A. T. Stoddar, Mary M. Emmons,
C. M. E. Richardson, Elizabeth Goodridge, Priscilla Taft, Julia
Emmons, Abba Baker.
District 8. Chairman, Alvan Simonds. Secretary, John B.
Stebbins. Teachers, Louisa Emerson, Emily Baxter, Mary Lincoln,
Elizabeth A. Hammond, Eliza S. Johnson, Ruthy Clark, Almira
Downes, Ann Floyd, Charlotte Wey, Lucretia S. Day.
District 9. Chairman, Edmund Jackson. Secretary, Samuel
Wheeler. Teachers, Abigail Spear, Mary A. Miller, Helen E. Vans.
E. M. Frothingham, F. M. Blunt, Elizabeth Newman, M. H. Chapin.
District 9. Chairman, George Rogers. Secretary, Francis Dana,
Teachers, Mary F. Rogers, Caroline F. Atherton, Mary M. Crym-
ble, Mary Sweet, Lydia N. R. Babson, E. Watson.
East Boston. Teachers, Eliza L. Pierce, Charlotte E. Chaffee,
Elizabeth Lincoln.
Mill Dam. Teacher, Sarah A. Sumner.
99
Wx\RD OFFICERS.
No. 1. — Robert Keith, Warden : William L. Barnes, Clerk.
Inspectors, T. Lomlsard, C. C. Gore, Beza Lincoln, SethW. Fowle,
T. P. Pulsifer.
No. 2. — Benjamin Wood, Warden : Edward A. Vose, Clerk.
Inspectors, Henry Davis, Ezra Vinal, B. Gowan, W. B. H. Clarkj
J. F. Barber.
No. 3. — Oliver Dyer, Warden : Edwin C. Bailey, Clerk.
Inspectors, Briggs Mann, Ezra Trull, Jr., Samuel Jepson, Joseph
Sherwin, Thomas Sprague.
No. 4. — Lot Poole, Warden : Ira P. Rankin, Clerk.
Inspectors, William Kendall, D. A. Tainter, W. G. Bickford, C. A.
Coolidge, D. E. Jewett.
No. 5. — Enoch Hobart, Warden : S. R. Townsend, Clerk.
Inspectors, Daniel Brown, T. D. Hatch, Benjamin Beal, C. Board-
man, F. Crosby.
No. 6. — Robert B. Storer, Warden : James Benjamin, Clerk.
Inspectors, K. Gibson, S. B. Bond, Otis Clapp, S. Hopkins, G. W.
Skerry.
No. 7. — Peter Harvey, Warden: I. M. Atkins, Jr., Clerk.
Inspectors, J. Barrell, C H. Appleton, N. H. Henchman, L. B.
Comins, W. H. Kelly.
No. 8. — James Boyd, Warden: Francis Boyd, Clerk.
Inspectors, Zibeon Southard, Joseph Sargent, T. P. Kendall, D. B.
Badger, Henry Brown.
No. 9. — Nahum Mitchell, Warden: George F. Homer, Clerk.
Inspectors, Francis Curtis, E. G. Richardson, William Stearns, C.
E. Stratton, J. P. Titcomb.
No- 10. — Samuel Pettes, Warden: Amos Cummings, Clerk.
Inspectors, C. W. Haven, Francis Bullard, Job Kent, Galen Mer-
riam, John C. Pratt.
No. 11 — William Dall, Warden: Oliver Carter, Clerk.
Inspectors, J. S. Marble, Albert Day, L. Wentworth, Thacher
Beal, J. S. Bosworth,
No. 12. — Henry Homer, Warden : E. F. Robinson, Clerk.
Inspectors, C. C Conley, Samuel Kent, T. H. Dunham, Asa Brown,
G. N. Noyes.
100
A P PE ND I X
An Ordinance in addition to an Ordinance entitled '* An
Ordinance prescribing rules and regulations relative to
nuisancies, sources of filth and causes of sickness within
the City of Boston."
Be it ordained hy the Mayor, Aldxrmen, and Common
Council of the City of Boston, in City Council assembled,
as follows :
Sect. 1. No person shall remove or carry in, or
through, any of the streets, squares, courts, lanes, ave-
nues, places, or alleys, of the City of Boston, any house
dirt, or house offal, or any refuse substances, either ani-
mal, or vegetable, from any of the dwelling houses or
other places, unless such person so removing or carrying
the same, and the mode in which the same shall be re-
moved or carried shall have been expressly licensed by the
Mayor and Aldermen upon such terms and conditions as
they shall deem the health and interest of the City to re-
quire.
Sect. 2. The thirteenth section of the ordinance to
which this is in addition is hereby repealed.
[^Passed February 8th, 1841.]
An Ordinance in addition to an Ordinance relating to the
Boston Lunatic Hospital.
Be it ordained by the 3IayoY, Aldermen and Common
Council of the City of Boston, in City Council assembled,
as follows :
Sect. 1. The Board of Visiters of the Boston Lunatic
Hospital shall divide themselves into Sub-Committees, and
it shall be the duty of said Sub-Committees to visit the
Hospital as often as once a month.
Sect. 2. The Steward shall have such apartments in
the Hospital as the Board of Visiters may assign, and with
his family, if he have any, be provided with board in the
Hospital, free of expense to himself, in such manner as the
Board of Visiters may direct.
Sect. 3. The third and twelfth sections of an Ordi-
nance regulating the Boston Lunatic Hospital, passed on
the tenth day of October, A. D. 1839, are hereby repealed.
[Passed July 9th, 1840.]
INDEX*
Abatement of Taxes, how to be made, - - - ^ 19
Accountability, Ordinance to provide for in concerns of the
City, - - 15
Alien passengers, act concerning, ----- 61
Lunatics, &c. not to land, without giving
bonds, ------ 61
Ashes, &c. not to be thrown into the harbor from Steam
Boats, --------- 60
Assessors, to be chosen, ------- 17
their duties prescribed, ----- 18
Attorney, City, how chosen, — duties, i. ^ - - 37
Auditor, &c., to pay over to the City Treasurer, - - 15
to render account of monies received, - - 15
to return statements of leases, &c. - - 15
Bells not to be rung in streets, - - - ^ - 35
Bonfires, penalty for making, - - - - ^ - 57
Boston Lunatic Hospital — Acts concerning, . - - 68 — 74
Superintendent of, to be chosen, 68
Inspectors of prisons to be In-
spectors of, - - - 68
Patients to be committed by Po-
lice Court, - - - - 74
Patients, how to be discharged, 75
Ordinance concerning, - - 39
Visitors of, how chosen, their
duties, - - - -39,40
to visit the Hospital once a month, 100
Superintendent of, how chosen,
his duties, - - - - 40
102
INDEX.
Boston Lunatic Hospital — Steward of, how chosen, his du-
ties, - - - _ -
to be boarded as the Visitors may
direct, _ „ _ -
Boundary with Roxbury established, - - _ _
Bows and Arrows, not to be used in the streets.
Bridge, South, penalty for injuring, Sic, - - -
Carriages, not to go on sidewalks, _ - - - -
not to remain in streets, _ - _ - -
City Council, members of, ----- -
may enter lines at fires, - - - -
City Debt, annual appropriation for reduction of,
Coal, not to remain on side walks, - - - - -
Committee on Treasurer's accounts, to be appointed,
Constables, their duties at fires, _ - _ - -
Dead bodies, not to be removed from the City without a
license, ---------
Debts due the City, when to be put in suit, - - -
Elections — Act concerning, ------
Engineer, Chief, his duties, ------
Engineers, their duty, -------
False alarms of fire, penalty for, - - -
Fire Department, organized, -
to be paid, ------
Firemen, their duty, - - - - - "
Foremen, -- - - - "-
Grinding cutlery in streets forbidden, - - - -
Gunpowder, penalty for having or selling, - _ -
duties of Engineers in relation to, -
Harbor, rubbish not to be thrown into from Steamboats,
line of, defined, ------
Hay, weighers to be appointed by Mayor and Aldermen, -
100
54, 55
36
22
35
35
83
34
46
39
16
31
20
14
65
26
25
57
24
33
80
28
35
56
32
60
-76
47
INDEX. 1 03
House of Correction — Act in regard to mode of keeping ac-
counts by the master, - - - 70
Act concerning maintaining prisoners
therein, ----- 73
Idiots and Insane, how committed to House of Correction, 52 — 62
alien passengers not to be landed, - ' 61
Islands, penalty for taking gravel, &c. from, - _ - 43
Laws of the Commonwealth, ------ 47
Lunatics, additional act concerning, ----- 71
Mayor and Aldermen to have charge of Rainsford Island,
appoint officers and fix their com-
pensation, - - - _ 47
appoint Hayweighers, - - 47
Minors not to be employed in Fire Department, - - 28
Offal, &.C., its removal to be licensed, _ _ - _ loo
Officers, certain City, to pay over to the Treasurer, - - 15
to render an account of money received, - - 15
Ordinances of the City Council, _ - - _ _ 14
Pilots to anchor vessels having alien passengers on board, - 62
Police officers, act concerning the appointment of, - - 64
Public Buildings, ordinance relating to the erection, altera-
tion and repair of, - - - - 42
additional ordinance, - - - - 45
Plans, &c. to be made and notice given, 42
Ordinance not to apply to Institutions at
South Boston, ----- 45
Superintendent of, his duties, - - 44
to give bonds, ----- 45
Committee on, their duty, - - _ 44
Public Loans, annual appropriation for, - - - - 4(j
Rainsford Island placed in charge of Mayor and Aldermen, 47
Rewards to be offered for apprehension of Criminals, - 73
Riots — Act making Cities or Towns liable for property de-
stroyed thereby, -_--_-_ 67
Rules and Orders of Common Council, - , - - 1
104 INDEX.
Rules (Joint) of the City Council, ----- 11
School Committee organized, ------ 49
Second hand articles, &c. — Act concerning dealers in, - 66
dealers in, to be licensed, - - 66
Second hand articles, Ordinance concerning, - - - 38
dealers in, how licensed, - - 38
requirements and penalties, - - 38
Sewers, assessments for, how made, - - - _ 34
[ The Ordinance to which this is in addition has been adjudged
void by the Supreme Court.'\
Signs, how far to project into the street, - - - - 36
Spectacle Island, act against making fires on, - - - 49
Superintendent of Common Sewers chosen — his duties, - 22
South Bridge, when chosen — his duty, 21
Public Lands to be Superintendent of, - 00
Public Buildings — ^his duties, - - 44
Taxes, how to be abated, ------ 19
on Real Estate, how to be assessed, - _ - 18
bills for, when to be issued, - - - - 19
Treasurer's accounts, how to be audited, _ _ - I6
Watchmen to give notice of fires, ----- 31
Wharves not to extend beyond the line of the Harbor, - 59,76
Wooden buildings, act concerning, ----- 50
act not to apply to S. or E. Boston, - 51
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