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Full text of "Municipal register : containing rules and orders of the City Council, the city charter and recent ordinances, and a list of the officers of the City of Boston, for .."

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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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Digitized by tine Internet Arciiive 

in 2010 witii funding from 

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http://www.archive.org/details/municipalregiste1841bost 



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_LEA yiTT. ^. 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^ 
>^ jFreeb orn F. Raym ond, 

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. Th ompson. 
John H. Wilkins, 
Enoch Train. 









Ward No. t. 
Edward Blake, 
Ezra^ C. Hutc hins, 
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