(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Biodiversity Heritage Library | Children's Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

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 .."

fi^T,^,. PUBLIC LIBRARY 



3 9999 03290 972 



■ill 



(IBBHI 



■>:*'. 



TO 



HE 



^ 



„M> *fi357. 19 



Given By 
Mrs. M. P. Grant 



Bl 




sJ 



MUNICIPAL REGISTER, 

CONTAINING 

RULES AND ORDERS 

& I f J" 
§ ? 

OF 

THE CITY COUNCIL, 

RECENT 

ORDINANCES AND LAWS, 

AND A 

LIST OF THE MUNICIPAL OFFICERS 

OF THE 

CITY OF BOSTON, 



FOR 



1842. 



BOSTON: 

JOHN H. EASTBURN, CITY PRINTER. 

1842. 






Digitized by the Internet Archive 

in 2010 with funding from 

Boston Public Library 



http://www.archive.org/details/municipalregiste1842bost 



CITY OF BOSTON. 



JOINT RULES AND ORDERS 



OF THE 



CITY COUNCIL 



Sect. 1. At the commencement of the Municipal 
year, the following Joint Standing Committees shall 
be chosen by ballot, viz : 

A Committee on Finance — 

To consist of the Mayor and seven members of the 
Common Council ; 

A Committee on Accounts — 

To consist of two Aldermen and three members of 
the Common Council ; 

And a Board of Visiters of the Boston Lunatic 
Hospital — 

To consist of the Mayor, two Aldermen, and four 
members of the Common Council. 



Joint Rules of the City Council. 



And the following shall be appointed, viz : 

A Committee on the Public Lands — 

To consist of two Aldermen and three members of 
the Common Council ; 

A Committee on Public Buildings — 

To consist of the Mayor, three Aldermen, and five 
members of the Common Council ; 

A Committee on Public Instruction — 

To consist of the Mayor, two Aldermen, and the 
President and four members of the Common Council ; 

And a Committee on the Gaol and the Houses of 
Correction, Industry, and Reformation — 

To consist of the Mayor, two Aldermen, and five 
members of the Common Council. 

And the members of the Board of Aldermen and 
of the Common Council, who shall constitute the 
Joint Standing Committees, shall be chosen or ap- 
pointed by their respective Boards. 

The Mayor, the President of the Common Council, 
and the Chairman of the Committee of Finance on 
the part of the Common Council, shall, according to 
the ordinance, constitute the Committee on the Re- 
duction of the City Debt. 

Sect. 2. In every case of an amendment of an 
ordinance 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 
other Board shall also appoint a Committee to confer, 



Joint Rules of the City Council. 



such Committees shall, at a convenient hour, to be 
agreed upon by their Chairmen, meet and state to 
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. 

Sect. 3. When either Board shall not concur in 
any ordinance sent from the other, notice of such 
non-concurrence shall be given by written message. 

Sect. 4. Either Board may propose to the other, 
for its concurrence, a time to which both Boards will 
adjourn. 

Sect. 5. All by-laws passed by the City Council 
shall be termed c; Ordinances," and the enacting style 
shall be: — Be it ordained by the Mayor, Aldermen, 
and Common Council of the City of Boston, in City 
Council assembled. 

Sect. 6. 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." 

Sect. 7. In the present and every future financial 
year, after the annual order of appropriations shall 
have been passed, no subsequent expenditure shall be 
authorized for any object, unless provision for the same 
shall be made by a special tiansfer 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 

i* 



6 Joint Rules of the City Council. 

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. 

Sect. 8. Joint Standing Committees shall cause 
records to be kept of their proceedings, in books pro- 
vided by the City for that purpose. No Committee 
shall act by separate consultations, and no report shall 
be received, unless agreed to in Committee actually 
assembled. 

Sect. 9. It shall be the duty of every Joint Com- 
mittee, to whom any subject may be specially referred, 
to report thereon within four weeks, or ask for further 
time. 

Sect. 10. 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 
Committees, at the request of the respective Chair- 
men thereof. 

Sect. 1 1 . No Committee shall enter into any 
contract with, or purchase, or authorize the purchase 
of any articles of, any of its members. 

Sect. 12. No Chairman of any Committee shall 
audit or approve any bill or account against the City, 
for any supplies or services, which shall not have 
been ordered or authorized by the Committee. 



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 oldest 
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 
other members, and shall decide all questions of 
order, subject to an appeal to the Council, on motion 
of any member, regularly seconded. 



8 Rules and Orders of the Common Council. 

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 shall not resume the chair 
while the same question is pending. But the Presi- 
dent may state facts, and give his opinion on ques- 
tions of order, without leaving his place. 

Sect. 6. When 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 one 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 



Rules and Orders of the Common Council. 9 

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 
debate. 

Sect. 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. 



10 Rules mid Orders of the Common Council, 

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 may, 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 Council 
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 writing, 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 



Rules and Orders of the Common Council. 1 1 

a day certain ; to commit ; to amend ; or to postpone 
indefinitely ; which several motions shall have prece- 
dence in the order in which they stand arranged. 

Sect. 20. Every motion shall be reduced to 
writing, 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 voting with the majority, to 
move for a reconsideration, 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 ma- 
jority of the members present to pass a vote of recon- 
sideration ; but if it be not made until the next meet- 
ing, the subject shall not be reconsidered unless a 
majority of the whole number of Common Council- 
men 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 member 
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 f previous question,' no member 
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. 



12 Rules and Orders of the Common Council. 

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- 
dressed to the Council, shall be presented by the Pre- 
sident, or by a member in his place, who shall explain 
the subject thereof, and they shall lie on the table, to 



Rules and Orders of the Common Council. 13 

be taken up in the order in which they are presented, 
unless the Council shall otherwise direct. 

Sect. 33. Standing Committees of the Common 
Council shall be appointed on the following subjects, 
viz. : on Elections and Returns, and on Enrolled 
Ordinances and Resolutions, 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. When Standing Committees of the 
Common Council, or Committees consisting of one 
member from each ward, have been appointed or 
elected by the Common Council, whether joint or 
otherwise, the first meeting thereof shall be notified 
by the Clerk, by direction of the President, and they 
shall organize by the choice of Chairman, and report 
to the Council ; and when special Committees, other 
than as above specified, are nominated by the Presi- 
dent, the person first named shall be Chairman, and 
in case of the absence of the Chairman, the Com- 
mittee shall have power to appoint a Chairman pro 
tem. 

Sect. 37. All messages to the Mayor and Alder- 
men shall be drawn up by the Clerk, and sent by the 
Messenger. 



14 Rules and Orders of the Common Council. 

Sect. 38. 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 authorizing 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 re- 
ceived from any committee, unless agreed to in com- 
mittee 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. 

Sect. 43. All salary officers shall be voted for by 
written ballot. 

Sect. 44. Members of the Council may attend 



Rules and Orders of the Common Council. 15 

meetings of any of its committees, but shall not exer- 
cise the privilege of voting'. 

Sect. 45. It shall be the duty of all standing 
committees of the Common Council to keep records 
of their doings, in books provided for that purpose 
by the Clerk ; and it shall be the duty of the Clerk to 
attend the meetings of said committees and of the 
Special Committee of the Board, and make said 
records when required so to do. 

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. 

Sect. 48. It shall be the duty of every Commit- 
tee of the Board to whom any subject may be specially 
referred, to report thereon within four weeks from 
the time said subject is referred to them, or ask for 
further time. 



RECENT 
ACTS OF THE LEGISLATURE, 



AND 



ORDINANCES OF THE CITY COUNCIL. 



CHAPTER I. ALIENS. 

An Act relating to Alien Passengers. [1837, Ch. 238.] 

Be it enacted by the Senate and House of .Repre- 
sent atives, 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 pas- 
sengers. 

Sect. 2. If, on such 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- 



Ch. 1.] Aliens. 17 

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 pas- 
senger 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 appro- 
priated as the City or Town may direct for the sup- 
port of foreign paupers. 

Sect. 4. The officer or officers required in the 
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, or who shall 
through negligence or design permit any alien pas- 
senger to land before such examination shall be had, 
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 apply 
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^ 

2* 



18 Boundary, [Ch. 2. 

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. 



CHAPTER II. BOUNDARY. 

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, asfolknvs : 

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 



Ch. 2.] Boundary. 19 

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. 



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- 
sentatives, in General Court assembled, and by the 
authority of the same, as follows: 

Sect. 1. The boundary line between 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. 



20 Bridges. [Ch. 3. 



CHAPTER III. BRIDGES. 

An Ordinance establishing the office 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 City Council shall authorize and establish, and 
who shall be removable at the pleasure of the City 
Council. 

Sect. 2. Be it further ordained, That it shall 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 forthwith, 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 Bridge, 
Abutments and Wharves connected therewith, and to 
see at all times that they are in a safe and satisfactory 
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 re- 
moved from the side-walks in winter — subject always 
to the control of the Mayor and Aldermen relative to 
the duties before expressed, and also to any other 
duties respecting said bridge, wharves and abutments, 
which the said Mayor and Aldermen may from time 
to time prescribe. 



Ch. 4.] City Attorney. 21 

Sect. 3. Be it further ordained, That any per- 
son who shall deface, break or injure said bridge, 
wharves or abutments, or shall unnecessarily open or 
obstruct the passage of said draw, without the consent 
of said Superintendent, or shall, without such con- 
sent, make fast to said bridge, any scow or other ves- 
sel, shall, upon conviction thereof, pay a fine not less 
than three nor more than twenty dollars. 
[Passed May 25th, 1837.] 



CHAPTER IV. CITY ATTORNEY. 

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. Inhere 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. 

Sect. 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 re- 
quired of said Attorney and Solicitor, by virtue of 
an Ordinance passed June eighteenth, in the year 
eighteen 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 16th, 1839.] 



22 Elections. [Ch. 5. 

CHAPER V. ELECTIONS. 

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 follow s: 

[The first section of this act was repealed, by act of 1841, ch. 70, 
and the 2d and 3d are not applicable to any city. See the act of 1839, 
ch. 165.] 

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 checked 
by the presiding officers, or by some one appointed 
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. 



An Act concerning Elections. [1841, Ch. 70.] 

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. All meetings for the election of Gov- 
ernor, Lieutenant Governor, Senators and Represent 



Ch. 6.] Finance. 23 

tatives of the Commonwealth, Electors of President 
and Vice President of the United States, or of Repre- 
sentatives to Congress, may be opened as early as 
nine o'clock in the forenoon of the day of election, 
and shall be opened as early as two o'clock in the 
afternooon ; and the Selectmen of the several Towns, 
and the Mayor and Aldermen of the several Cities, 
shall decide whether said officers shall be voted for 
on one ballot, or at the same time on separate ballots, 
and shall give notice thereof in the warrant calling 
the meeting. 

Sect. 2. The first section of the act concerning 
elections, passed on the ninth day of March, in the 
year one thousand eight hundred and thirty-nine, and 
so much of the second section of the fourth chapter 
of the Revised Statutes, as is inconsistent with the 
provisions of this act, are hereby repealed. 



CHAPTER VI. FINANCE. 

An Ordinance providing for the more regular collec- 
tion of debts due to the City of Boston. 

Be it Grdained, by the Mayor, Aldermen and 
Common Council of the City of Boston, in City 
Council assembled, That in all cases where specific 
provision 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 — 



24 Finance. [Ch. 6. 

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.] 



An Ordinance further to provide for a system of 
accountability in the concerns of the City. 

Sect. 1. Be it ordained by the Mayor, Aide?*- 
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 



Ch. 6.] Finance. 25 

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 
severally 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 be- 
fore said Council, an estimate of the amount of money 
necessary to be raised for the ensuing year, under the 
respective heads of appropriation, and shall on or be- 
fore the first day of July annually, make and lay be- 
fore said Council, a statement of all receipts and ex- 
penditures 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 arranged, 
as far as practicable, to conform to the accounts of 
the City and County Treasurer, so that their coinci- 
dence may be apparent ; and said statement shall be 
accompanied by a schedule of the property belonging 
to the City, and also by an exhibit shewing the debts 
due by the City, the rates of interest thereon, and 
the years in which the same will become due. The 
Auditor shall also open an account with the Treas- 
urer 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 all personal property belong- 
ing to the City may be at any time known at the 
office of the Auditor. 

Sect. 4. Be it further 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 



26 Finance. [Ch. 6. 

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 
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" be, 
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 
deposited with the City Treasurer, 

[Passed July 21th, 1835.] 



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 principal, and not less than fifty 
thousand dollars in each year. 



Ch. 7.] Fires. 27 

Sect. 2. So much of the third section of the or- 
dinance to which this is in addition, as is inconsistent 
with this, is hereby repealed. 

[Passed December 28th, 1840.] 



CHAPTER VII. FIRES. 

An Act for the further regulation of the erection of 
Wooden Buildings in the City of Boston. [1835, 
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 found- 
ation thereof, shall be erected in the said City of 
Boston, except under the following limitations and 
restrictions, 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 s erected in connexion, 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 



28 Fires. [Ch. 7. 

between them, commencing from the foundation of 
said wall, and carried to the height of twelve feet 
above the level of the street, at least twelve inches in 
thickness, and the residue of said wall shall be of at 
least eight inches in thickness, and in case any open- 
ings are made through said walls, the same shall be 
secured against fire by iron doors applied to such 
openings : Provided, that such brick or stone walls 
may be dispensed with by consent in writing, of the 
Mayor and Aldermen of the City of Boston, on what 
are commonly 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 repeal any of the provisions of the existing 
law relative to the erection of buildings in that place ; 
and, provided, further, that that part of the said City 
of Boston, known by the name of East Boston, shall 
be entitled to the same rights and privileges, as to the 
erection 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 residue to the use of the said City. 

Sect. 4. Be it further enacted , That it shall be 



Ch. 7.] Fires. 29 

the duty of the Board of Engineers of the said City, 
to cause suits to be commenced without delay against 
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 
relate in any way to brick or stone buildings, be, and 
the same are hereby repealed. 

Sect. 6. Be it further enuctcd, 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. 

[Approved.] 



An Act in addition to " an Act further regulating the 
storage, safe keeping, and transportation of Gun- 
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, 
contrary to the provisions of the act to which this act 
is in addition, or to the rules and regulations of the 
Board 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 exceeding 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- 

3* 



30 Fires. [Ch. 7. 

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 ofTSnce. 

Sect. 2. The several fines, penalties and forfeit- 
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 a witness on behalf of the prosecu- 
tion, a record thereof shall be made in court, and in 
such case, the fine, penalty, or forfeiture shall enure 
to the use of the Poor of the City of Boston, to be 
paid over to the Overseers 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 by 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 any 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. 



Ch. 7.] Fires. 31 

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 men- 
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 Municipal 
Court of the City of Boston, as in other cases. 



An Act in addition to an Act, further regulating the 
storage, safe-keeping, and transportation of Gun- 
powder in the City of Boston. [1841, Ch. 58.] 

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 any quantity less than ten 
quarter-casks of gunpowder shall be seized and taken 
into custody by any one or more of the Engineers of, 
the Fire Department of the City of Boston, a libel or 
complaint may be filed in the Clerk's office of the 
Police Court of said City of Boston, and the said 
Police Court of said City shall have jurisdiction 
thereof; and the like proceedings thereon (excepting 
a trial by jury,) shall be had in said Court as are pro- 
vided for by the fifth section of the act passed on the 
twenty-fifth day of March, in the year one thousand 
eight hundred and thirty-three, to which this is in 
addition, in the like cases of seizures and proceedings 
before the Municipal Court ; — saving always to any 
party aggrieved by any final judgment of said Police 



32 Fires. [Ch. 7. 

Court, the right of appeal and trial by jury in said 
Municipal Court. 

Sect. 2. All fines, penalties and forfeitures im^ 
posed by the act to which this is in addition, and by 
an act in further addition thereto, passed on the 
twenty-eighth day of March, in the year one thousand 
eight hundred and thirty-seven, may be sued for and 
recovered by the Chief Engineer, or any one or more 
of the Engineers of the Fire Department of the said 
City of Boston, or by any person thereto authorized 
by a vote of the Board of Engineers of the said Fire 
Department. 



An Ordinance for preventing and extinguishing Fires, 
and establishing a Fire Department. 

Sect. 1. Be it 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 
Xadder 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 written or print- 
ed certificate or warrant, in the words following, viz : 
" This certifies that A. B. is appointed an Engineer 
(or Chief Engineer) of the Fire Department of the 
City of Boston, and is entitled to all the immunities 
belonging to said office. 



Ch. 7.] Fires. 33 

" Given under mv hand, this day of 

A. D. 18 

Mayor. 
City Clerk." 
And the respective rank of the Engineers shall be 
determined 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 
receive 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 
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 



34 Fires. [Ch. 7. 

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 
order to be preserved in going to, working at, or re- 
turning from Fires, and at all other times when Com- 
panies attached to the Department are on duty : Pro- 
vided, however, that whenever 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 Laws, 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 the Compa- 
nies attached to the said Department as often as cir- 
cumstances may render it expedient, or whenever 
directed 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 Aldermen, and oftener if thereunto re- 
quested ; also to cause a full description of the same, 
together witrj the names of the officers and members 
of the Fire Department to be published annually in, 



Ch. 7.] Fires. 35 

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 Department, 
require alterations, additions, or repairs, the Chief 
Engineer, under the direction of the Board of Alder- 
men, or of the Committee on the Fire Department, 
shall cause the same to be made. And it shall be 
moreover the duty of the Chief Engineer to receive 
and transmit to the Board of Aldermen all returns of 
officers, members, and Fire Apparatus, made by the 
respective Companies as hereinafter described, 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 ad- 
mission and discharge, and the age of each member ; 
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 de- 
stroyed or injured, together 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. 

Sect. 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 Company 
seventy-five, to each Hose and Hook and Ladder 
Company twenty-five — -unless otherwise ordered by 
the Mayor and Aldermen. 

Sect. 7. No person under twenty-one years of 



36 Fires. [Ch. 7. 

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 
appointed 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 Foremen to 
see that the several Engines and Apparatus commit- 
ted 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 for im- 
mediate use ; iV 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 
members, in a book provided for that purpose by the 
City, which Rolls or Record Hooks are always to be 
subject to the order of the Board of Engineers, and 
the Mayor and Aldermen. They are also to make or 



Ch. 7.] Fires. 37 

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 
direction 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 Chj^f 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 se- 
curely 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 
order 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 cleanse them, and to exercise the members ; and 
the said Engines and other Apparatus, carefully re- 
turn. 



38 Fires. [Ch. 7. 

Sect. 13. It shall be the 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 discharge 
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 furni- 
ture, 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 
distances 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^faadges 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 Alder- 
men the name of every person liable to the penalties 
provided by this section. 



Ch. 7.] Fires. 39 

Sect. 17. The City Council may, by a concurrent 
vote, at ^ny time, remove from office the Chief En- 
gineer, 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 
Constables of the City as may be selected by the 
Engineers for that service, to repair with their staves 
or such other badges of office as the Mayor and 
Aldermen shall direct, on the alarm of fire, immedi- 
ately 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 preser- 
vation of the public peace, the prevention of theft, 
and destruction of property, and the removal of all 
suspected persons — 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 
districts, 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 
person to set fire to and burn his chimney, stove- 
pipe, or flue, between sun-rising and noon, if the 
buildings contiguous are wet with rain or covered 



40 Fires. [Ch. 7. 

with snow ; and it shall be the duty of the Chief or 
other Engineers to report to the Mayor and Aldermen 
the name of every person liable to the penalty pro- 
vided 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 Boston, and of 
granting licenses for the keeping and sate thereof in 
the City, according to the provision of an act, entitled 
"An Act for regulating the storage, safe keeping, and 
transportation of Gunpowder in the City of Boston/* 
and of any other act or acts on the same subject, 
shall be exercised and performed by the Chief and 
other Engineers, and the power and duty of seizing 
on Gunpowder kept or bein^f 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 
combustible materials may be collected and deposited, 
and from time to time, and at all times, to be vigilant 



Ch. 7.] Fires. 41 

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 expense of 
such removal under the direction of such Engineers. 
And it shall also be the duty of said Engineers to 
take cognizance of and to cause prosecution 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 moneys 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 Commonwealth. 

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 
certificate 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 
Apparatus, on an alarm of fire, or for drill and exer- 
cise, and of returning the same to the house, and 

4* 



42 Harbor. [Ch. S. 

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 passage of this 
Ordinance, all former Ordinances relating to the ap- 
pointment of Engineers and other members of the 
Fire Department, and to the establishing of a Fire 
Department, and for preventing and extinguishing 
Fires, excepting such parts thereof as may be neces- 
sary to recover all fines and penalties incurred under 
the Ordinance aforesaid, are hereby repealed. 
[Passed July 29th, 1837.] 



CHAPTER VIII. HARBOR. 

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 
owner 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 hun- 
dred 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 
prevent the taking of shell-fish from such islands and 
beaches. 



Ch. 8.] Harbor. 43 

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 owners thereof, such person 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 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 folloivs : 

Sect. 1. The line hereinafter described, from the 
Free Bridge in the Harbor of Boston to Warren 
Bridge in said Harbor, shall be and the same is 
hereby established as one of the lines in said Harbor, 
beyond which no wharf or pier shall ever hereafter 
be extended 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 comer 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's 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's wharf to the east corner of the last ; the direc- 
tion is then straight to the southeast angle of Foster's 



44 Harbor. [Ch. 8* 

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 
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 



Ch. 8.] Harbor. 45 

that the line herein described and intended, varies 
from the line of said commissioners by crossing 
Charles Ptiver 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, shall 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 
wharf or pier, which is now erected on the inner side 
of said line, further towards the said line 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 abited as a public nuisance, in 



46 Harbor. [Ch. 8. 

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 steamboat in the harbor of Boston above 
Fort Independence, under a penalty of ten dollars for 
each offence. 

Sect. 8. This act shall go into operatipn from 
and after the passing of the same. 



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. J. 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. 

Sect. 2. The line between South Boston free 
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 



Ch. 8.] Harbor. 47 

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 westerly 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 north- 
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 
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, begins 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 



48 Harbor. [Ch. 8. 

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 
Railroad 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 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 north- 



Ch. 8.] Harbor. 49 

erly side of said dam ; thence westerly by said par- 
allel line to the west end of said darn. 

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 Water 
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 hund- 
red 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 
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 hund- 
red 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 



50 Harbor. • Ch. 8.] 

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, measuring 
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 Jeffries 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 of Marginal street, and one thousand six hundred 
and ninety feet from the southwesterly side of Sum- 
ner street ; thence northwesterly by a line, 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 Railroad Company, and one thousand six 
hundred and ninety feet from Sumner street ; thence 
the line runs straight, a northerly course, about twe 
thousand six hundred feet, to the point E, situated al 
the distance of five hundred and ten feet from the 
point F, which point F is situate in the division line 



Ch. S.] Harbor. 51 

between the water lots of Samuel Aspinwall, and 
Pratt and Gushing ; the said point F being one hund- 
red and seventy feet northeasterly, from the south- 
westerly side of Sumner street, in the northwesterly 
side of a street forty feet wide, on which street said 
Samuel Aspinwall, and Pratt and Gushing are bound- 
ed, southeasterly ; the line from E to F (being five 
hundred and ten feet in length,) makes a right angle 
with the line 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 Aspin- 
wall, 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 Com- 
pany, and in the range line of the northeast side of 
Maverick street, at the distance of seven hundred and 
fifty-six feet from the west side of Border street. 
From the point H the line continues straight about five 
hundred and seventy feet, to the point I, in the north- 
erly division line of fiats or water lots of the East 
Boston Timber Company, at the distance of eight 
hundred and forty-five feet, from the west side of 
Border street. Frorrf the point I, the line continues 
northerly, a straight course, about three thousand 
three hundred feet to the point K, fixed at the dis- 
tance 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 in- 
tersection, 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 incum- 
brance of any kind, shall ever hereafter be extended 
beyond the said line into or over the tide water in 



52 Harbor. [Ch. 9. 

said harbor, 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 lawfully en- 
larged or extended before the passing of this act, with- 
out leave being first 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 
prosecuted therefor, by indictment or information, in 
any court of competent jurisdiction ; and, on convic- 
tion, 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. 8. This act shall take effect from and after 
its passage. 



An Act in addition to an Act concerning the Harbor 
of Boston. [1841, Ch. 60.] 

Be it enacted by the Senate and House of Bepre- 
sejifatives, in General Court assembled, and by the 
authority of the same, as folloios : 

The line of that part of the harbor of Boston, lying 
between West Boston bridge and the Boston and 
Roxbury mill- dam, which was established by the act 
of March seventeenth, one thousand eight hundred 
and forty, is hereby altered in part, and shall here- 
after run as follows ; that is to say, beginning at the 
southwesterly corner of the pier wharf situate on the 
southerly side of said West Boston bridge, and thence 



Ch. 10.] Hay. 53 

running southerly to a point in the line heretofore 
established by the act aforesaid ; which point is eight 
hundred feet distant from the corner of said pier ; and 
from the said last-mentioned point running again 
southerly, but more westerly, in a direction to a point 
on the northerly side of the said Boston and Roxbury 
mill-dam, which point is ten hundred and eighty-six feet 
distant from a brick building standing at the corner on 
the easterly side of Charles street, and northerly side 
of Beacon street, until it comes to a line running par- 
allel with said mill-dam, and two hundred feet dis- 
tant from the northerly side thereof, then uniting with 
a line established by said act. 



CHAPTER IX. HAY. 

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, or 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 
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. 93. If any person, not appointed as afore- 
said, shall set up any hay scales in any Town or City,, 



54 Health. [Ch. 10. 

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 
action 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 de- 
termine. 



CHAPTER X. HEALTH. 

An Ordinance in addition to an Ordinance entitled 
" An Ordinance prescribing rules and regulations 
relative to nuisances, sources of filth and causes of 
sickness within the City of Boston." 

Be it ordained by the Mayor, Aldermen and Com- 
mon 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, 
avenues, places, or alleys, of the City of Boston, any 
house dirt, or house offal, or any refuse substances, 
either animal 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 removed or carried, shall have been ex- 
pressly licensed by the Mayor and Aldermen upon 
such terms and conditions as they shall deem the 
health and interest of the City require. 

Sect. 2. The thirteenth section of the ordinance 
to which this is an addition is hereby repealed. 
[Passed February 8th, 1841.] 



Ch. 10.] Health. 55 



An Ordinance to establish the office of Port Physician. 

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 in the month of 
May or June annually, by concurrent vote of the City 
Council, a Port Physician, who shall be removable by 
the said Council, and shall hold his office until an- 
other is appointed in his place ; and who shall receive 
such salary as the said Council may from time to time 
fix and determine, — And in case of any vacancy oc- 
curring in the said office, the same shall be forthwith 
filled, in manner before stated. 

Sect. 2. It shall be the duty of the said Physician 
to examine into, ail nuisances, sources of filth and 
causes of sickness which may be on board of any ves- 
sel within the harbor of Boston, or which may have 
been landed from any vessel, on any wharf or other 
place ; and under the direction of the Mayor and 
Aldermen, to cause the same to be removed or de- 
stroyed. 

Sect. 3. There shall be provided, by the City 
Council in the City Hall, or some other convenient 
place, a suitable apartment for the said Physician, 
free of expense to himself, and it shall be his duty to 
attend there, at such times as the Mayor and Alder- 
men may direct, and to vaccinate all persons, who 
may apply for that purpose, without charge — and he 
shall keep a correct record of all cases of vaccination 
by him performed at that place or elsewhere, and 
make a regular return of the same to the City Coun- 
cil as often as once in three months ; and he shall 
give, without charge, certificates of vaccination, when 
required, to persons vaccinated by himself, or any 
any others in a proper manner. 



56 Health. f€h. 10. 

Sect. 4. The said Physician shall always have on 
hand, as far as is practicable, a sufficient quantity of 
vaccine matter, and he shall supply the Physicians 
residing in the City, with the same, without expense 
to them. 

Sect. 5. Whenever any vessel shall arrive in the 
harbor of Boston, which is foul and infected, or whose 
cargo is foul and infected with any malignant or con- 
tagious disease, or any of whose crew or passengers 
are sick with any malignant or contagious disease, it 
shall be the duty of the Port. Physician forthwith to 
report the same to the Mayor and Aldermen, and if 
directed by them, to cause the said vessel, her cargo 
and crew, or either or any part thereof, to be remov- 
ed to the anchorage ground or wharf at Rainsford 
Island, and the said vessel and cargo to be thoroughly 
cleansed and purified at the expense and charge of the 
owners, consignees or possessors of the same. And 
also, wiien directed as aforesaid, to cause all or any 
persons arriving in such vessel, who are sick of any 
malignant or contagious disease, to be removeed to the 
Hospital, on the said Island, and all expenses incurred 
on account of such persons shall be paid by them- 
selves. 

Sect. 6. Whenever, any vessel shall be removed 
to Rainsford Island, as is mentioned in the preceding 
section, a Quarantine shall be had of the same, and 
the Port Physician shall deliver a copy of these regu- 
lations to the master, and a flag, to be carried by his 
vessel ; he shall direct in what manner she shall be 
cleansed, and what articles shall be landed, washed, 
buried or destroyed ; he shall direct the care and at- 
tendance of the sick, for whom he shall prescribe and 
supply medicine, and report to the Mayor and Alder 
men, every day, the situation of every sick person. 

Sect. 7. Whenever any skins, furs, rags, hair- 
wool, carpets, and goods of woolen or cotton fabric, 



Ch. 10.] Health. 57 

and feathers, shall arrive at the Port of this City, 
from any place within the Straits of Gibraltar, or 
any place on the Atlantic coast of Africa, or the 
eastern coast of South America, the same shall not 
be landed in this City, or be removed from the vessel, 
in ivhich either of them shall be brought, before the 
same shall have been examined by the Port Physi- 
cian, and purified in such manner as he shall direct, 
and a permit granted by him for the same. [Re- 
pealed Dec. 20, 1.84 1.] 

Sect. 8. All vessels which shall be removed to 
Rainsford Island, in manner before provided, shall 
remain there until the master shall receive a certificate 
from the Port Physician, that lie may be discharged. 
And no person shall go on board thereof without a 
permit from the said Physician, and in case of an un- 
reasonable delay, by the said Physician, in granting 
such certificate, the Mayor and Aldermen may issue 
the same. 

Sect. 9. The master of every vessel discharged 
as aforesaid from quarantine, shall, within twenty-four 
hours after such discharge, deliver at the Mayor's 
office the certificate and flag he shall have received 
from the Port Physician, and pay the sum of ten 
dollars. 

Sect. 10. Any person offending against any of 
the provisions of this Ordinance, shall pay a sum not 
less than three, nor more than twenty dollars, to be 
recovered by complaint before the Justices of the Po- 
lice Court, and, in addition thereto, shall be liable 
to all the penalties provided by the several acts 
of the Commonwealth, " to empower the Town 
of Boston to choose a Board of Health, and 
to prescribe their power and duty" and also, u an 
act concerning the regulation of the House of Co7*- 
rcrtion in the City of Boston, and. concerning the 
form of actions commenced under the by-luivs of 



58 Health. [Ch. 10. 

said City, and for filling vacancies in the Board of 
Aldermen." 

Sect. 11. An Ordinance establishing and regu- 
lating the quarantine of vessels, passed August 10, 
1833, and all other Ordinances and By-laws on the 
subject, are hereby repealed. 

[Passed June llth, 1841.] 



An Ordinance in addition to an Ordinance to estab- 
lish the Office of Port Physician. 

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 hides, skins, furs, rags, 
hair, wool, or feathers shall arrive at the port of this 
City, from any foreign port, between the first day of 
April and the fifteenth day of November, in each 
year, the same shall not be landed in this City, or be 
removed from the vessel in which either of them shall 
be brought, before the same shall have been exam- 
ined by the Port Physician, and a permit be granted 
by him for such landing or removal. 

Sect. 2. It shall be the duty of every master or 
consignee of any vessel, arriving within the time fixed 
in the first section of this ordinance, and containing 
the articles, or any of them, enumerated in the said 
section, to give notice of the arrival of such vessel to 
the Port Physician, in order that he may make the 
examination required of him. 

Sect. 3. It shall be the duty of the Port Physician 
to attend upon all cases of disease within the City, 
whenever lie shall be called upon by the Board of 
Health, or the Overseers of the Poor, and to give his 
professional services and advice therein, without 
charge. 



Ch. 11.] House of Correction. 59 

Sect. 4. It shall be the duty of the Port Physician 
to attend upon all cases of disease in the Gaol of the 
County of Suffolk, and perform all the duties hereto- 
fore performed by the Physician of that establishment. 

Sect. 5. The Port Physician shall keep a record 
of all cases of Small Pox and other contagious dis- 
eases, by him attended, and of all vessels visited by 
him, under this ordinance, and that to which this is 
in addition, and of their state and condition, and re- 
port the same to the City Council, once in every three 
months, and make such other reports to the Mayor 
and Aldermen as they may from time to time direct. 

Sect. 6. Any person offending against any of the 
provisions of this ordinance shall be liable to all the 
penalties set forth in the tenth section of an ordinance, 
entitled " An Ordinance to establish the office of Port 
Physician," to which this is in addition. 

Sect. 7. The seventh section of the ordinance to 
establish the office of Port Physician, and all other 
parts of the same inconsistent with this ordinance, are 
hereby repealed. 

[Passed December 20th, 1841.] 



CHAPTER XI. HOUSE OF CORRECTION. 

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. 1. 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 sec- 
tion of the one hun Ired and forty-third chapter of 



60 House of Correction. [Ch. 12. 

the Revised Statutes ; and the twenty-sixth section 
of said chapter is hereby repealed. 

Sect. 2. No Master or Keeper of any House of 
Correction shall have a right to demand and recover 
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 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. 



Gh. 12 — 13.] Interments. 61 



CHAPTER Xlli INTERMENTS. 

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 
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 20th, 1837.] 



CHAPTER XIII. LUNATICS. 

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 



62 Lunatics. [Ch. IS. 

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 
jurisdiction of such Justices or Court, is an idiot or 
lunatic 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 recepta- 
cle provided for that purpose ; and such provision shall 
be made for the comfortable support of all persons 
confined by virtue of this act, and they shall be gov- 
erned or employed in such manner as the County 
Commissioners of each County in the Commonwealth, 
and such officers as by law exercise the powers of 
County Commissioners, may, in the exercise of their 
discretion, judge best; and such sum per week shall be 
allowed 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 : Pi'ovidcd, 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* 



Ch. 13.] Lunatics. 63 

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 (ravel, as 
are allowed by law, for like services in criminal pro- 
ceedings, to be taxed, allowed and paid in the same 
manner. 



An Act in addition to an act to provide for the con- 
finement of Idiots and Insane Persons. [1838, 
Ch. 73.] 

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 quorum, for the confinement of any idiot, lunatic, 
or 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 sections of "an act concerning luna- 
tics," passed the nineteenth day of April, in the year 
one thousand eight hundred and thirty-seven, shall 
apply to trials by jury herein provided for j and the 



64 Lunatics. [Ch. 13. 

Justices aforesaid shall have all the powers, and per- 
form all the duties devolved upon the Judges named 
in said act, by the second, third, fourth and fifth sec- 
tions of the same. 

Sect. 3. Any lunatic or insane person confined in 
any jail, or house of correction, by authority of a cer- 
tificate of the Trustees of the State Lunatic Hospital, 
according to the provisions of the fifteenth section of 
the forty-eighth chapter of the Revised Statutes, may 
be discharged therefrom by the County Commission- 
ers of the several counties respectively, whenever the 
the cause of confinement shall have ceased 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 thereby, may provide 
for his custody and support in other places than in 
said jails and houses of correction, or may deliver 
him to the custody and care of any City, or Town, in 
which he may have a legal settlement, the said luna- 
tic or insane person, still continuing subject to the 
order and direction of said Commissioners. The ex- 
pense of so providing for such lunatic or insane per- 
son 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. 



Ch. 13.] Lunatics. 65 



An Act to establish the Boston Lunatic Hospital. 
[1839, Ch, 131.] 

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 City Council of the City of Boston 
are hereby authorized to erect and maintain a Hos- 
pital, 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. A. 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 
aie now by law required to perform in relation to the 
prisons in said county. 

Sect. 5. Whenever it shall be made to appear, on ap- 
plication in writing to the Judge of the 3Iu?iicipal Court 
in the City of Boston, that any person is insane, not be- 
ing furiously mad, the said Judge is hereby authorized to 
order the confinement of such person in the said Hospital: 
Provided, that, upon the request of such person, the ques- 
tion of his sanity shall be tried by a jury in said Court. 
Such sum per iveek shall be allowed and paid, for the sup- 
port of every such person confined as aforesaid, as the 
Mayor and Aldermen of the City of Boston shall direct ; 
and if, in any case, there shall be no parent, kindred, 
master, guardian, town or city, pbliged by law to maintain, 
the person so confined, and if he have no means of support* 
6* 



66 Lunatics. [Ch. 13. 

ing himself, the same sum shall be paid out of the treasury 
of the Commonwealth, 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 discharge, would be 
for the benefit of the person so confined, or when, in his 
opinion, such person icould 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 loitncsses, shall receive the same fees and compensation 
for services performed and for attendance and travel, as 
are alloioed by law for like services in criminal proceed- 
ings, to be taxed, allowed and paid in the same manner. 
[Repealed, 1840, Ch. 79.] 

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 Lunatic 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 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 thereby, may provide 
for his custody and support in other places than in 
said Hospital, the said lunatic or insane person still 
continuing subject to the order and direction of the 



Ch. 13.] Lunatics. 67 

said Mayor and Aldermen, or said Mayor and Alder- 
men may deliver him to the custody and care of any 
City or Town in which he may have a legal settle- 
ment. 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: Provided, that in 
no case shall the sum charged for such provision ex- 
ceed two dollars and fifty cents per week. 

Sect. 8. All laws inconsistent with this act are 
hereby repealed. 

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



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 incurable, 
cause such lunatic to be delivered to the agents, of any 
tow r n 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 



68 Lunatics. [Ch. 13. 

Town or City in which he may have a legal settle- 
ment. And whenever request for that purpose shall 
be made in writing, by any person interested in such 
discharge, to 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 
safely 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 of 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 Hos- 
pital. And the same proceedings may be had in de- 
termining 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 death, 
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. 



Ch. 13.] Lunatics. 69 



An Act in addition to "An Act to establish the 
Boston Lunatic Hospital." [1S40, 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 
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 



70 Lunatics. [Ch. 13. 

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 cither of the Courts as aforesaid, and any person 
who may be confined in said Hospital, upon his re- 
moval from the State Lunatic Hospiial, as provided 
in the sixth section of the act to which this is in 
addition, may at any time 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 
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 



[Ch. 13. Lunatics. 71 

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 Ordinance relating to the Boston Lunatic Hospital. 

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, 
who shall be a Board of Visiters of the Boston Lunatic 
Hospital. 

Sect. 2. It shall be the duty of the Board of Vis- 
iters to meet at the Hospital quarterly, and carefully 
examine the state of every part of the establishment, 
and inspect the accounts of the Steward, and certify 
the same if found to be coirect. 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 
themselves into sub-committees, to visit the Hospital 
as often as once a week. [Repealed July 9, 1840.] 

Sect. 4. The Superintendent shall be chosen 
annually, by concurrent vote of the City Council, in 
the month of September or October ; he shall hold his 



7£ Lunatics. [Ch. 13- 

office until another is chosen in his place ; shall be 
removable at the pleasure of the City Council, and 
receive such salary as the 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 dietj 
and his orders shall be strictly obeyed. He shall 
visit all the patients daily, and as much oftener as is 
necessary, and may call consultations whenever he 
may see fit, and he shall have apartments and board 
in the Hospital for himself and 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 Coifncil, in the month of July annu- 
ally, a report of the general state of the Hospital, 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 Superintend- 
ent 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 
the 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 



Ch. 13.] Lunatics. 13 

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 cleansed, warmed 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 sum 
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." [Repealed July 9, 1840.] 

Sect. 13. It shall be the duty of the Superin- 
tendent, under the direction of the Board of Visiters, 
to determine what matrons, attendants, servants or 
domestics are necessary to be employed, and to es- 
tablish their duties and powers. 

[Passed October lOth, 1839.] 



74 Militia. [Ch. 14, 

An Ordinance in addition to an Ordinance relating to 
the Boston Lunatic Hospital. 

Be it ordained by the Mayor, Aldermen and 
Common Council of the City of Boston, in City 
Council assembled, as follows : 

Sect. 1. The Board of Visiters of the Boston Lu- 
natic Hospital shah divide themselves into Sub-Com- 
mittees, and it shall be the duty of said Sub-Commit- 
tees 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 
Ordinance regulating the Boston Lunatic Hospital, 
passed on the tenth day of October, A. D. 1839, are 
hereby repealed. 

[Passed July 9lh, 1840.] 



CHAPTER XIV. MILITIA. 

An Act concerning the Militia. [1841, Ch. 106.] 

Sect. 4. The commanding officer of every com- 
pany raised at large, shall, after each of the days of 
inspection, training and review, required by law, 
make out alphabetical rolls of the persons, not ex- 
ceeding sixty-four in number, who shall have appear- 
ed armed, uniformed and equipped, and performed 
duty in his company on each of said days, or shall 
have been excused from appearance by a majority of 
the commissioned officers, and certified by the com- 
mander, or for some legal or reasonable cause, and 
within twenty days, annually, after the last in- 
spection, shall deliver the same, certified under his 



Ch. 14.] Militia. 75 

oath to be correct and true, to the Mayor and Alder- 
men of any City, or the Selectmen of any Town, in 
which any person performing duty in his company 
shall reside: provided, havcver, that said return need 
not contain any other names than those of the per- 
sons residing in the town to which the return is made. 

Sect. 5. The Mayor and Aldermen of each City, 
and the Selectmen of each Town, to whom the return 
in the preceding section is made, shall, on or before 
the first day of November, annually, make out a com- 
plete list of all the persons, who appear from said rolls 
to be entitled to the bounty mentioned in the four- 
teenth section of the act aforesaid, and shall there- 
upon draw their warrants on their respective treas- 
urers, directing them to pay the amount due to the 
persons named in said lists, and the Mayor and Al- 
dermen, and Selectmen aforesaid, shall return to the 
Adjutant General, on or before the thirty-first day of 
December annually, the lists of the persons so to be 
paid, and the amount for which their respective war- 
rants have been drawn ; and the Adjutant General 
shall, on or before the fifteenth day of January, as- 
certain from the returns made to him the amount of 
money which will be necessary to pay the several 
Towns and Cities, and submit the same to the Gov- 
ernor of the Commonwealth, who is hereby authorized 
to draw his warrant on the Treasurer of the Com- 
monwealth, for the re-payment of the sum advanced. 

Skct. 6. Any Town that shall neglect to make 
return, as is herein directed, to the Adjutant General, 
shall forfeit its right to be reimbursed by the State ; 
and any commanding officer who shall neglect to 
make the returns herein required, shall be liable to a 
penalty of thirty dollars, to be recovered and appro- 
priated in the manner provided for other fines in the 
one hundred and first section of the eleventh chapter 
of the Revised Statutes, 



76 Police. [Ch. 15. 



CHAPTER XV. POLICE. 

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 follows : 

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 Police Officers shall hold their offices 
during the pleasure of the said Mayor and Aldermen. 



An Act concerning Riots. [1 839, Ch. 54.] 

Be it enacted by the Senate and House of Repre- 
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 
arising under the provisions of the fourth and fifth 
sections 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 tumultously as- 
sembled, the city or town within which said property 
was situated, shall be liable to indemnify the owner 
thereof to the amount of three-fourths of the value of 
the property so destroyed, or the amount of such in- 



Ch. 15.] Police. 77 

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 any 
sum under the provisions of the pieceding section, 
may recover the same against any or all of the persons 
who shall have destroyed or injured such property. 



An Act concerning the Apprehension of Criminals. 
[1840, Ch. 75.] 

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

Sect. 1. The Selectmen of any Town or the 
Mayor and Aldermen of any City, are authorized, 
whenever, in their opinion, the public good may re- 
quire 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, 
committed in such Town 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 
Selectmen or Mayor and Aldermen shall determine 
to whom the same shall be paid, and if to more than 
one person, in what proportion to each, and their de- 
termination shall be final and conclusive in law upon, 
all persons whatsoever. 

7# 



7S Public Buildings. [Ch. 16. 



CHAPTER XVI. PUBLIC BUILDINGS. 

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 
for such work, unless the same is sealed ; and no 
proposal shall be opened except in Committee actu- 
ally assembled ; and the contents of no proposal shall 
be made known to any person not a member of the 
Committee, 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 contracts in a workmanlike manner, or irrespon- 
sible in respect to their means of faithfully executing 
the same, the said Committee may, in their discretion, 
reject any such proposal, notwithstanding the same be 



Ch. 16.] Public Buildings. 79 

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 dollars, 
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 altered in 
any particular, unless three-fourths of the said Com- 
mittee 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 City 
Council for that purpose. 

[Passed April 23(7, 1840.] 



An Ordinance in addition to an Ordinance to provide 
for the care and management of the Public Lands. 

Be it ordained by the Mayor, Aldermen, and 
Common Council of the City of Boston, in City 
Council assembled, as follows : 

Sect. 1. The Superintendent of the Public 
Lands shall be also the Superintendent of the Public 
Buildings. 

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 Build- 
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 



80 Public Buildings. [Ch. 16. 

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 description, 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- 
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 directly 
or indirectly, for himself or others, or by others in trust 
of him, or on his account, have any interest or con- 
cern 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 
affect the provisions of an Ordinance entitled " An 
Ordinance concerning the erection, alteration and re- 
pairs of Public Buildings." 

[Passed September llth, 1840.] 



Ch. 17.] Rainsford Island. 81 



An Ordinance in addition to an Ordinance concern- 
ing the erection, alteration and repair of Public 
Buildings. 

Be it ordained by the Mayo?', 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 deemed 
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 buildings 
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, 1S40.] 



CHAPTER XVII. KAINSFORD ISLAND. 

[Revised Statutes, Ch. 11.] 

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 ac-? 



82 Eainsford Island. [Ch. 17. 

count of the state of the property of the Common- 
wealth belonging to, or connected with, the said 
Hospital establishment, and also of all money ex- 
pended thereon, in the course of the preceding year. 



An Act concerning Rainsford Island. [ 1 839, Ch. 79.] 
[Repealed 1840, Ch. 89.J 



An Act in relation to Rainsford Island, in the Harbor 
of Boston. [1841, Ch. 96.] 

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 use of the Island in Boston Har- 
bor, called Rainsford Island, and of all the build- 
ings on the same, is hereby granted to the City of 
Boston, for the sole purpose of a Quarantine Estab- 
lishment ; all expenses for salaries of officers, and 
for repairs of buildings, being paid by the City of 
Boston. 

Sect. 2. Whenever the Commonivcalth sliall de- 
mand possession of said Island, the City of Boston 
shall surrender the same ruith the buildings thereon, 
and the latter shall then be in as good order and 
condition, as they may be when this act skull take 
effect. 

Sect. 3. So much of the seventh section of the 
act passed on the twentieth, day of June, in the year 
one thousand eight hundred and sixteen, as requires 
the Board of Health of the Town of Boston to elect 
and appoint an Island Keeper, to reside on Ruins- 
ford Island, and a boatman and physician to the 
same, and. so much, of said section as requires the 
said Board of Health to file an account of its ex- 



Ch. 18.] Schools. 83 

pense in the office of the Secretary of the Common- 
wealth, and the fourth and fifth sections cf the 
eleventh chapter of the Revised Statutes, and any 
and all other acts, or paris of acts and resolves 
inconsistent herewith, are hereby repealed. 

Sect. 4. This act shall take effect, if the City 
Council of Boston shall accept the same, within 
sixty days after its piassage : Provided, however, 
that nothing herein contained shall he construed to 
affect or impair any claim now existing for expenses 
incurred by the City of Boston. 

[The foregoing act was not accepted by the City 
Council.] 



CHAPTER XVIII. SCHOOLS. 

An Act in further addition to an Act establishing tho 
City of Boston. [1833, 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 Mayor 
of said City, of the President of the Common Coun- 
cil of said City, and of twenty-four other persons, 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 election 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 



84 Second-hand Articles. [Ch. 19. 

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- 
itants called for that purpose, and held in their 
respective wards, within thirty days from the passing 
hereof. [Adopted.] 



CHAPTER XIX. SECOND-HAND ARTICLES. 

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 



Ch. ] 9.] Second-hand Articles. 85 

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 
offence committed and no penalty incurred before 
such suspension shall take effect, shall be affected 
thereby ; and the provisions of this act shall not ex- 
tend to any town unless the inhabitants thereof, shall, 
at a legal meeting, adopt the same. 



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 arti- 
cles purchased, the name and residence of the person 
from whom, and the day and hour when, such pur- 
chase 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. 



86 Sewers. [Ch. 20, 

Third — That every keeper of such shop shall put 
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 al- 
lowed by the terms of the license ; and that no pur- 
chases 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 Alder- 
men, 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.] 



CHAPTER XX. SEWERS. 

An Act in relation to Main Drains or Common 
Sewers. [1841, Ch. 115.] 

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 Selectmen of the several towns, and 
the Mayor and Aldermen of the several cities in the 
Commonwealth, may lay, make, maintain and repair 



Ch. 20.] Sewers. 87 

all main drains or common sewers in the respective 
towns and cities ; and all the main drains or common 
sewers which have heretofore been, or which may 
hereafter be constructed by any town or city, shall 
be taken and deemed to be the property of such town 
or city. 

Sect. 2. Every person who may hereafter enter 
his particular drain into any main drain or common 
sewer so constructed as aforesaid, for the draining of 
his cellar or land, or in obedience to the by-laws or 
ordinances of the town or city, or who, by any more 
remote means, shall receive any benefit thereby, for 
draining his cellar or land, shall pay to the town or 
city a proportional part of the charge of making and 
repairing such main drain or common sewer, to be 
ascertained and assessed by the Selectmen in case of 
towns, and by the Mayor and Aldermen in case of 
cities, and by them certified and notice thereof given 
to the party to be charged, or his tenant or lessee. 

Sect. 3. And all assessments, so made, shall con- 
stitute a lien on the real estates assessed for one year 
after they are laid, and may, together with all inci- 
dental costs and expenses be levied by sale thereof if 
the assessment is not paid within three months after 
a written demand of payment made, either upon the 
person assessed or upon any person, occupying the 
estate, such sale to be conducted in like manner as 
sales for the nonpayment of taxes. 

Sect. 4. Any person who may deem himself ag- 
grieved by any such assessment, may at any time 
within three months from receiving notice thereof, 
appeal to the County Commissioners, or if the case 
arise in the City of Boston or in the Town of Chelsea, 
to the Court of Common Pleas, which Court, in such 
case, shall appoint three disinterested persons who 
may be inhabitants of Boston or other town, to settle 
and assess the share to be charged to such person, 



88 Sewers. [Ch. 20. 

and the same County Commissioners and referees 
may examine the parties, and any other persons, on 
oath, touching the matter submitted to them, and 
shall settle and determine the proper amount of 
charge or assessment, and the said referees in the 
case of the City of Boston or the Town of Chelsea, 
shall make return of their doings to the said Court of 
Common Pleas, and in all cases the decision of said 
County Commissioners and of the said referees shall 
be final, and in case the assessment made by the 
Selectmen or Mayor and Aldermen shall not be re- 
duced on such appeal, the town or city shall recover 
costs, but otherwise shall pay costs : Provided, how- 
ever, that in all cases of an appeal as aforesaid, the 
appellant, before entering it, shall give one month's 
notice in writing to the Selectmen or Mayor and 
Aldermen of his intention to appeal, and shall therein 
particularly specify the points of his objection to the 
assessment made by them, to which specification he 
shall be confined upon the hearing of the appeal. 

Sect. 5. Nothing contained in this Act shall pre- 
vent any town or city from providing by law, ordi- 
dinance or otherwise, that a part of the expense of 
constructing, maintaining and repairing main drains 
or common sewers, shall be paid by such town or 
city, and in the City of Boston not less than one 
quarter part of such expense shall be paid by said 
city, and shall not be charged upon those using the 
said main drains or common sewers. 

Sect. 6. This Act shall not take effect in any city 
or town until it shall have been accepted by the legal 
voters of any town, at a meeting called for that pur^ 
pose, or by the Mayor and Aldermen and Common 
Council of any city. 

[Accepted by the City Council, April 7, 1841. J 



Ch. 20.] Sewers. 89 



An Ordinance in relation to Common 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. All Common Sewers which shall be con- 
sidered necessary by the Mayor and Aldermen, in 
any street or highway, shall be laid as nearly as pos- 
sible in the centre of such street or highway, and 
shall be built of such materials, and of such dimen- 
sions, as the Mayor and Aldermen shall direct. And 
where it is practicable and advisable they shall be of 
a sufficient size to be entered and cleaned without 
disturbing the pavement above. 

Sect. 2. All particular drains which shall hereaf- 
ter enter into such Common Sewer shall be built of 
such materials as the Mayor and Aldermen shall di- 
rect ; and shall be laid under the direction of the 
said Mayor and Aldermen ; and they shall be laid in 
such direction, of such size, and with such descent, 
and (where required) with such strainers as they shall 
require ; and shall if practicable, be of a size sufficient 
to be cleared from the Common Sewer without dis- 
turbing the pavement above. 

Sect. 3. The Mayor and Aldermen shall have 
power in all cases where there is any Common Sewer 
in any street or highway, to cause every owner of 
land adjoining such street or highway, his agent or 
tenant, to make a sufficient drain from his house, 
yard or lot, whenever in their opinion the same shall 
be necessary, and shall thereupon give such owner, 
agent or tenant, notice in writing, specifying the time 
within which such drain shall be completed ; and in 
case the said owmer, agent or tenant, shall neglect to 
complete the same within the time specified, the 

8* 



90 Sewers. [Ch. 20. 

Mayor and Aldermen shall cause the same to be done ; 
and shall recover the whole amount of the expense 
thereof, together with ten per cent, damages, by an 
action of the case, to be brought in the name of the 
City of Boston before any court proper to try the 
same ; provided, however, that in no case shall ten 
per cent, claimed by way of damage, exceed the sum 
of twenty dollars. 

Sect. 4. It shall be lawful for all persons having 
the care of any buildings, at their own expense, to 
carry the rain water from the roofs of said buildings, 
into any Common Sewers, free of any charge from 
the City ; provided, that the same be done by tight 
water spouts and tubes under ground, and under the 
direction of the Mayor and Aldermen. 

Sect. 5. Every person entering his or her particu- 
lar drain into any Common Sewer without a permit 
in writing from the Mayor and Aldermen, or Super- 
intendent of Common Sewers hereinafter mentioned, 
shall forfeit and pay the sum of twenty dollars, and 
shall also be liable to pay all such damage by way of 
indemnification as the Mayor and Aldermen shall 
deem just and reasonable. And all persons to whom 
the said permits shall be granted, shall pay therefor, 
a sum not less than ten dollars, as the Mayor and 
Aldermen may fix and determine. 

Sect. 6. Any person who shall hereafter connect 
his vault or privy with any Common Sewer or Drain 
according to the provisions of an Ordinance, pre- 
scribing Rules and Regulations relative to nuisances, 
sources of filth and causes of sickness, within the City 
of Boston, passed October 7, 1833, shall pay therefor 
such sum, not less than ten dollars, as the Mayor and 
Aldermen may direct. 

Sect. 7. There shall be appointed annually, in 
the month of May or June, by concurrent vote of the 
City Council, a Superintendent of Common Sewers, 



Ch. 20.] Sewers. 91 

who shall hold his office until removed, (or a suc- 
cessor be appointed,) who shall receive such compen- 
sation as the City Council shall determine, and who 
shall be removeable at the pleasure of the City Coun- 
cil, and in case said office shall at any time become 
vacant, the same shall be filled in the manner before 
prescribed. 

Sect. 8. The said Superintendent shall, under the 
direction of the Mayor and Aldermen, take the gen- 
eral surpervision of all Common Sewers, which now 
are, or hereafter may be built and owned by the City, 
or which may be permitted to be built or opened by 
its authority, and he shall take charge of the building 
and repairs of the same, and make all contracts for 
the supply of labor and materials therefor. 

Sect. 9. The said Superintendent, whenever any 
Common Sewer is ordered to be built or repaired, 
shall ascertain its depth, breadth, mode of construction 
and general direction, and take the plan thereof, and 
insert the same, with all those particulars, in a book, 
to be kept for that purpose, and forthwith ascertain 
and insert on said plan all entries made into such 
Sewer. 

Sect. 10. The said Superintendent shall keep an 
accurate account of the expense of constructing and 
repairing each Common Sewer, and shall report the 
same to the Mayor and Aldermen, together with a list 
of the persons and estates deriving benefit therefrom, 
and an estimate of the value of the lands, upon which 
said expense ought to be assessed — the value of such 
lands to be estimated independently of any buildings 
or improvements thereon. 

Sect. 11. It shall be the duty of the Mayor and 
Aldermen, after deducting one quarter part of the ex- 
pense of constructing or repairing any Common Sewer, 
to assess the remainder thereof upon the persons and 
estates deriving benefit from such Common Sewer, 



92 Sewers. [Ch. 20. 

either by the entry of their particular drains thereinto, 
or by any more remote means — apportioning the as- 
sessment according to the value of the lands thus ben- 
efitted, independently of any buildings or improve- 
ments thereon. 

Sect. 12. The said Superintendent shall enter in 
books, to be kept for that purpose, all such assess- 
ments made by the Mayor and Aldermen, and shall 
forthwith make out bills for the same, and deliver 
them to the City Treasurer for collection ; and the 
said Treasurer shall forthwith demand payment, in 
writing, of the said bills, in the manner prescribed by 
law ; and in case any bills or dues under this Ordi- 
nance shall remain unpaid at the expiration of three 
months after demand for payment as aforesaid, the 
said Treasurer shall cause the same to be collected, 
by a resort to the proper legal process. 

Sect. 13. It shall also be the duty of the Mayor 
and Aldermen, to make assessments for all Common 
Sewers heretofore constructed by the City, the ex- 
penses of which have not already been assessed and 
collected, in the same manner as it is made their duty 
by this Ordinance to make assessments for those which 
may hereafter be constructed ; and the said Superin- 
tendent shall render all the services and perform all 
the duties, in regard to the Common Sewers hereto- 
fore constructed, the expenses of which have not 
already been assessed and collected, which he is 
herein required to render and perform in regard to 
those hereafter to be constructed. 

Sect. 14. An Ordinance relative to Drains and 
Sewers, passed Feb. 13, 1834, and an Ordinance to 
establish the office of Superintendent of Common 
Sewers, passed June 6th, 1837, are hereby repealed : 
Provided, however, that the sections of the Ordinance 
first mentioned, which were repealed by the one last 
mentioned, shall not be revived by the repeal of the 



Ch. 21.] Streets. 93 

latter — And provided, further, that the officer ap- 
pointed under the latter Ordinance shall continue to 
hold his office, and that all acts by him done, and all 
rights which have accrued by virtue of the said Or- 
dinances, shall not be affected by the repeal of the 
same. [Passed June 14th, 1841.] 



CHAPTER XXI. STREETS. 

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 side-walk 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 Boston," or 
unless duly licensed 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 
business 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 th© 
Mayor and Aldermen. 



94 Streets. [Ch. 21. 

Sect. 4. No person having the care or ordering 
of any carnage of burthen or pleasure, finished or 
unfinished, 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- 
walk, for any unnecessary length of time, nor after 
dark in the evening, nor in any case so as to unne- 
cessarily obstruct such side-walk. 

Sect. 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 unlawful 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 5th, 1839.] 



Ch. 21.] Streets. 95 



An Ordinance in addition to an Ordinance entitled 
"An Ordinance establishing the office of Superin- 
tendent of Streets, and prescribing the duties 
thereof; to prevent unlawful and injurious prac- 
tices in the streets of the City, and in relation to 
side -walks." 

Be it ordained by the Mayor, Aldermen and Com- 
mon 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 be- 
yond the front of his or her house or lot, under a 
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 side-walk 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 
remove 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 
side-walks;" passed August 22, 1833, to which this 
is in addition, be, and the same is hereby repealed. 
[Passed December 1th, 1840.] 



96 Taxes. [Ch. 22. 



CHAPTER XXII. TAXES. 

An Ordinance concerning the assessment and collec- 
tion of Taxes. 

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 
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 be- 
ing elected from each ward ; and in case of any va- 
cancy in either of the said offices, by death, resigna- 
tion, 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. 

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 Asses- 
sors, and they shall be entitled to such salary as the 
City Council may from time to time determine. 

Sect. 4. Be it further ordained, That it shall be 



Ch. 22.] Taxes. 97 

the duty of the Assistant Assessors to visit; in com- 
pany 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 the 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 also, 
that nothing contained in this ordinance shall affect 
the rights which owners and tenants may have, be- 
tween themselves respectively, by reason of any 
agreement 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 
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 Assessors, 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 

9 



98 Taxes. [Ch. 22. 

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, 
within 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 bills 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 
to collect the same according to the provisions of the 
statutes of this Commonwealth respecting the collect 
tion of taxes from delinquents. 

Sect. 11. Be it further ordained, That the As- 
sessors and Assistant Assessors now in office shall 
respectively 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. 12. Be it further ordained, That " An Or- 
dinance concerning the assessment and collection of 
taxes," passed on the twenty-first day of October, in 



Ch. 22.] Taxes 99 

the year one thousand eight hundred and thirty-three, 
and " An Ordinance for fixing the number and pro- 
viding 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 ne- 
cessary for the assessment and collection of any tax 
already ordered : Provided, always, that all officers 
now appointed by virtue of said Ordinances, and re- 
specting whom no provision is otherwise made in this 
Ordinance, shall continue to hold their respective 
offices until others are chosen in their places. 
[Passed May I6th } 1836.] 



GOVERNMENT 

OF THE 

CITY OF BOSTON 

FOR THE YEAR 

1 842. 



MAYOR, 

JONATHAN CHAPMAN, 

[Salary, $2,500.] 



ALDERMEN, 

THOMAS WETMORE, 
NATHAN GURNEY, 
ABRAHAM T. LOWE, 
LARRA CRANE, 
WILLIAM PARKER, 
RICHARD URANN, 
JOSEPH TILDEN, 
JAMES LONGLEY. 



Samuel F. McCleary, City Cleric. 

Salary $1,500, and for Assistant Clerks $600. [Chosen in Conven- 
tion of the City Council, on the first Monday in January. City Or- 
dinances, p. 13.] 



V 
Johnson Colby, Messenger. 

Salary $800. [Appointed by the Mayor and Aldermen. City Ordj' 
nances, p. 17.] 



COMMON COUNCIL. 



EDWARD BLAKE, 

PRESIDENT 



Ward 1. 
Enoch H. Snelling, 
Cyrus Buttrick, 
Norton Newcomb, 
Perkins Boynton. 

Ward 2. 
Aaron Adams, 
Abner W. Pollard, 
J. Cullen Ayer, 
Samuel Emmes. 

Ward 3. 
Enoch H. Wakefield, 
Simon G. Shipley, 
John Snelling, 
Jacob Stearns. 

Ward 4. 
Moses Grant, 
Francis B. Crowninshield, 
William B. Spooner, 
Noah Sturtevant. 

Ward 5. 
Pelham Bonney, 
George Wheelwright, 
Henry Plympton, 
Samuel R. Townsend. 

Ward h. 
Ezra Lincoln, 
Joseph N. Howe, Jr. 
John II. Wilkins, 
Enoch Train. 



Ward 7. 
Edward Blake, 
William T. Eustis, 
Theophilus R. Marvin, 
John P. Healy. 

Ward 8. 
Benjamin P. Richardson, 
William A. Weeks, 
Benjamin Burchstead, 
Josiah M. Jones. 

Ward 9. 
Thomas C. Amory, 
Moses Whitney, Jr. 
Charles Cook, 
John R. Bradlee. 

Ward 10. 
Luther Blodget, 
William Hayden, 
Henry W. Dutton, 
Jonathan Ellis. 

Ward 11. 
John T. Dingley, 
Robert Cowdin, 
Asaph Parmelee, 
William Dall. 

Ward 12. 
John Tillson, 
Caleb Thurston, 
Jeremy Drake, 
Willis Howes, 



Richard G. Wait, Clerk. 

Salary $800. [Chosen on the first Monday in January, 
nances, p. 16.] 



City Ordi, 



9* 



Johnson Colby, Messenger. 



102 



JOINT STANDING COMMITTEES. 



ON THE REDUCTION OF THE CITY DEBT. 

The Mayor, President of the Common Council, and the Chairman 
the Committee on Finance on the part of the Common Council. 



ON ACCOUNTS. 

Common Council. 
Enoch Train, 
John T. Dingley, 
Moses Whitney, Jr. 

VISITERS OF THE BOSTON LUNATIC HOSPITAL. 

Common Council. 



Aldermen. 
Thomas Wetmore, 
Nathan Gurney. 



The Mayor. 

Aldermen 
Larra Crane, 
William Parker. 



Simon G. Shipley, 
Thomas C. Amory, 
Jacob Stearns, 
John P. Healy. 



ON FINANCE. 



The Mayor. 



Aldermen. 
Richard Urann, 
Abraham T. Lowe. 



The Mayor. 

Aldermen. 
Joseph Til den, 
James Longley, 



The Mayor. 

Aldermen 
Thomas Wetmore, 
William Parker. 



Common Council, 
Thomas C. Amory, 
Jacob Stearns, 
John H. Wilkins, 
Simon G. Shipley, 
William Hayden, 
William T. Eustis, 
Jeremy Drake. 

ON PUBLIC LANDS. 

Common Council. 
Benja. P. Richardson, 
Samuel Emmes, 
William Dall. 
ON PUBLIC BUILDINGS. 

Common Council. 
Joseph N. Howe, Jr. 
John Snelling, 
Pelham Bonney, 
Luther Blodget, 
John Tillson. 

ON PUBLIC INSTRUCTION. 

Common Council. 
Edw. Blake — ex officio, 
Ezra Lincoln, 
Norton Newcomb, 
George Wheelwright, 
Henry W. Dutton. 



103 



ON JAIL, HOUSES OF CORRECTION AND REFORMATION. 



The Mayor. 

Aldermen. 
Larra Crane, 
William Parker. 



Common Council. 
Moses Grant, 
J. Cullen Ayer, 
Aaron Adams, 
Theophilus R. Marvin, 
Caleb Thurston. 



STANDING COMMITTEES 

OF THE 

MAYOR AND ALDERMEN. 



ON THE POLICE OF THE CITY. 
The Mayor. 

ON INTERNAL HEALTH DEPARTMENT. 

Aldermen Gurney, Crane and Tilden. 

ON EXTERNAL HEALTH DEPARTMENT. 
Aldermen Lowe, Wetmore and Urann. 

ON FIRE DEPARTMENT AND RESERVOIRS. 
Aldermen Longley and Urann. 

ON THE MARKET. 

Aldermen Gurney, Longley and Crane. 

ON THE COMMON, MALLS, FORT HILL, AND COPP's HILL. 

The Mayor, Aldermen Tilden and Gurney. 

ON THE BURIAL GROUNDS AND CEMETERIES. 
Aldermen Longley, Parker and Lowe. 

ON LAMPS, BELLS AND CLOCKS. 

Aldermen Parker, Lowe and Crane. 

ON THE BRIDGES. 

Aldermen Urann and Tilden. 

ON THE COUNTY ACCOUNTS. 

Aldermen Wetmore and Gurney. 

ON THE LICENSES. 

Aldermen Lowe, Parker and Crane. 



104 



ON LAYING OUT AND WIDENING STREETS. 
Aldermen Wetmore, Gurney and Parker. 

ON THE PAVING AND REPAIRS OF STREETS. 

Aldermen Crane, Longley and Tilden. 

ON THE COMMON SEWERS AND DRAINS. 
Aldermen Wetmore, Tilden and Crane. 



STANDING COMMITTEES 



OF THE 



COMMON COUNCIL. 



ON ELECTIONS AND RETURNS. 



F. B. Crowninshield, 
Enoch H. Snelling, 
S. R. Townsend, 



John R. Bradlee, 
Robert Cowdin. 



ON ENROLLED ORDINANCES. 



William A. Weeks, 
Josiah M. Jones, 
Perkins Boynton, 



Enoch H. Wakefield, 
Henry Plympton. 



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-] 

jTSan^reJcott \ De P utl J Collectors. Salary $170 each, and fees. 

Elisha Copeland, Jr., Auditor — salary $1,500. [Chosen by concur- 
rent 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. 



105 



Assistant Assessors, residing in the different Wards. 



Ward 1. John Smith. 

2. Aaron Adams, Jr. 
Micah Dyer, Jr. 

3. Thomas Gould, 
Oliver Dyer. 

4. S. S. Littlehale, 
Benjamin Lamson. 

5. Benj. G. Bordman, 
Caleb Metcalf. 

6. Jesse Shaw, 
William Parsons. 



Ward 7. Richard W. Bailey, 
Benj. B. Appleton, 

8. James B. Richardson, 
Josiah M. Jones. 

9. William Bramhall, 
Clement Willis. 

10. Josiah Vose, 
John P. Thorndike. 

11. Ephraim Marsh, 
Warren White. 

12. Noah Brooks, 
Wilder Harding. 

Samuel Norwood, Secretary. 

[The Assessors and Assistant Assessors are chosen by concurrent 
vote of the City Council, in March or April. — Municipal Register, 
p. 96. 

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. 
t 



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. 21.] 



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. 

John Grav Rogers' ( ^ us ^ ces Pf ^ ie Police Court and of the Justices' 
James C. Merrill/ S CourL Salai ? ^ 1 ' 500 ' each ' 



106 

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.] 

HezekiahEarl \ De P ut y Cii y Marshals - Salai 7 $ 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. Dexter, Ebenezer Shute, jr., 
Jacob Hook, Samuel B. Fuller, A. E. Towle, Daniel T. VanVoor- 
his. Compensation, $1,75 per day. 

Constables. Francis M. Adams, Gustavus Andrews, W. G. Babbit, 
Josiah Baldwin, S. F. Barrett, John Boardman, S. M. Burnham, 
Moses Clark, Willard Clough, Derastus Clapp, Isaac A. Coolidge, 
Nathaniel Cooledge, Josiah Haskell, Thomas Holden, John Henry, 
Richard Hosea, Edward P. Hunt, James Hunkins, William Loring, 
Johnson Lunt, Jabez Pratt, James Pierce, Jonathan Prescott, George 
Robinson, Charles Smith, Jonas Stratton, Ebenezer Shute, Eben- 
ezer Trescott, Jacob C Tallant, Henry Taylor, Samuel J. Vialle, 
William Whitwell. 

James Barry, Captain of the City Watch. Salary $400. [Appointed 
by the Mayor and Aldermen. City Ordinances, p. 2S2.] 

There are 10 Constables of the Watch at $1, and 116 Watchmen 
at 90 cents per night. 

Nathanial Cooledge, Deputy Jailer. 

The Judge of Probate v the Judge of the Municipal Court, and the 
Justices of the Police Court, are the Inspectors of Prisons. [Revised 
Statutes, p. 784.] 

William Knapp, Secretary to the Inspectors. 



HEALTH DEPARTMENT. 

Jerome V. C Smith, Port Physician. Salary $1,400. [Chosen by 
the Mayor and Aldermen. Municipal Register, p. 55.] 

George P. Tewksbury, Keeper of Rainsford Island, and Captain of 
the Quarantine Boat. Salary $1,200 per annum, including the pay 
of the services of assistant boatmen. [Appointed by the Mayor and 
Aldermen. Municipal Register, p. 81.] 



107 

» 

Consulting Physicians. John, C. Warren, George Hay ward, John 
Randall, George C. Shattuck, Jacob Bigelow. [Chosen by concur- 
rent vote in May or June. City Ordinances, p. 175.] 

Samuel H. Hewes, Superintendent of Burials. 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., Thomas Andrews, Francis Dillaway, John 
Deluce, John B. Braid, William A. Brabiner, Rodney Gove, Caleb 
J. Pratt, Oren Faxon, Levi Whitcomb, Franklin Smith, Timothy 
Nunan, Richard Dillon, John Peak. 

Charles B. Wells, Superintendent of Common Sewers. Salary 
$1,000. [Chosen by concurrent vote in May or June. Municipal 
Register, p. 90 ] 

The Mayor and Aldermen, Surveyors of Highways. 

Zephaniah Sampson, Superintendent of Streets. Salary $1,100. 
[Chosen by concurrent vote in January or February. City Ordi- 
dinances, p. 260.] 



PUBLIC LANDS AND BUILDINGS, LAMPS 
AND BRIDGES. 

Freeman L. Cushman, Superintendent of the Public Lands and Public 
Buildings. Salary $1,000. [Chosen by concurrent vote in April 
or May. City Ordinances, p. 298 ; Municipal Register, p. 79. 

Daniel Pthodes, Clerk of Faneuil Hall Market. Salary $900. 
[Appointed by the Mayor and Aldermen in June or July. City 
Ordinances, p. 223 ] 

Sullivan Sawin, Assistant Clerk. Salary $35 per month. 

James Barry, Superintendent of Lamps. Salary $400. [Appointed 
by the Mayor and Aldermen. City Ordinances, p. 282.] 

There are 24 Lamp Lighters and 1,494 Lamps. Pay, 2 shillings 
each Lamp per month. 

Samuel Jenkins, Superintendent of the North Free Bridge. Salary 
$500. [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. 
Municipal Register, p. 20.] 

Daniel Merrill, Keeper of the County Court House^ Salary $700. 



108 



FIRE DEPARTMENT. 

William Barnicoat, Chief Engineer. Salary $1,000. 
Assistant Engineers, Salary $150 each. 

John Green, jr. 



Henry Fowle, 
Peter C. Jones, 
Thomas A. Williams. 



Henry Smith, 
James G. Sanderson, 
Charles S. Clark, 
John Shelton, 
Theodore Washburn, 

Henry Hart, Clerk. Salary $400. 

[The Engineers and Assistant Engineers are appointed by the 
Mayor and Aldermen, with the concurrence of the Common Council.] 

There are, belonging to the Department, 16 Foremen of Engine, 
Hose and Hook and Ladder Companies at $100 each ; 16 Assistant 
Foremen at $75 each ; 16 Clerks at $75 each ; 16 Stewards at $100 
each : and 525 members at $50 each. 



The following officers are appointed by the Mayor and Aldermen, 
with the concurrence of the Common Council. They are all paid by 
fees. 

Surveyor General of Lumber. George W. Otis. 

Deputy Surveyors, appointed by the Surveyor General. Warren 
Bowker, Seth Brooks, William Green, Gad Leavitt, 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, SethThaxter, Jonathan 
Thaxter, Samuel Waldron, William Willelt. 

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. 

And the following officers are appointed by the Mayor and Al- 
dermen. 

Superintendent of Alien Passengers, Calvin Bailey. Salary $500, 
and ten per cent, on all moneys received, but not to exceed the 
further sum of $500. [Municipal Register, p. 16 ] 



109 

Weighers of Hay, fyc. Ebenezer Clough, John R. Bradford. 
Measurers of Wood and Bark brought by Land. John R. Bradford, 

Amos Bates, William Shattuck, William Fisk, Moses Hadley, 

Hollis Moore. 

Weigher of Boats and Lighters. James Barry. 

City Crier. William Collyer. 

Sealers of Weights and Measures. John M. Dearborn, Amos 
Stevens. 



PUBLIC CHARITABLE INSTITUTIONS. 

The Directors, Overseers and Visiters 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 are appointed by the Directors of the 
different Houses. 

HOTJSES OF INDUSTRY AND REFORMATION. 

Directors. Joseph Lewis, Artemas Simonds, Daniel Henchman, 
James Means, Thomas Hollis, Thomas A. Davis, Nathaniel H. 
Emmons, Thomas Tarbell. 

Superintendent, Daniel Chandler. Salary $1,000. 

Clerk, Artemas Simonds. Salary $800. 

In the House of Industry, there is paid to the Teamster $300; the 
Gate Keeper $150 ; the Matron's Assistant, the Overseer of Cloth- 
Lug, 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. 

In the House of Reformation, there is also paid to the male 
Teacher $400, and his assistant $300 ; to the Matron $200, and to 
one female instructer, $150. 

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. 
10 



110 



BOSTON LUNATIC HOSPITAL. 

Visiters. The Mayor, Aldermen Crane and Parker, Messrs. Stearns, 
Amory, Healy, and Shipley, of the Common 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 
female 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. . 6 ,. %K . ^ 

OVERSEERS OF THE POOR. 

[Chosen in each ward where they reside.] 



Ward 1. 
2. 
3. 
4. 
5. 
6. 


Joseph Hart, 
Ephraim Milton, 
Joseph Moriarty, 
William Adams, 
Daniel Henchman, 
Billings Briggs, 

James Phillips, 


Ward 7. Thomas Tarbell, 

8. J. W. Warren, jr. 

9. Joseph Lewis, 
10. Joseph Eustis, 
11.. I. Borrowscale, 
12. John Osborn, jr. 

Clerk. Salary $700. 



PUBLIC SCHOOLS. 

SCHOOL COMMITTEE. 

Jonathan Chapman, Mayor, Chairman. 

Edward Blake, President of Common Council. 

[The following are chosen by the people in Wards.] 



Ward 1. Rev. Sebastian Streeter, 
Henry G. Clark. 

2. James H. Barnes, 
Charles II. Stearns. 

3. Ezra Palmer, Jr. 
Rev. Rollin H. Neale. 

4. David Morgan, 
Aurelius D. Parker. 

5. Frederick Emerson, 
Henry Dyer. 

6. William J. Hubbard, 
George S. Hillard. 



Ward 7. Charles Gordon, 

Rev. William M. Rogers. 
Zabdiel B. Adams, 
Rev. Alexander Young. 
Benjamin A. Gould, 
Edward Wiggles worth* 
John Odin, Jr. 
Ezra Weston, Jr. 

11. Rev. Otis A. Skinner, 
Rev. John T. Sargent. 

12. Alvan Simonds, 
RevCha'sC.Shackford. 



8. 



10. 



Samuel F. McCleary, Secretary. 



Ill 



SUB-COMMITTEES. 

Books. — Messrs. Wigglesworth, Rogers, Palmer, Neale, and Hillard. 

To confer with Primary School Committee. 

Messrs. Emerson, Adams, and Clark. 

Music. — Messrs. Gordon, Hubbard, and Weston. 



SCHOOLS. 


LOCATION. 


COMMITTEE. 


Latin, - 


- - 


School Street, - - - 


Messrs. The Mayor, Gould, Wiggles- 
worth, Hillard, and Young. 


English Hi 


gh,- 


Pinckney Street, - 


" Hubbard, Palmer, Adams, Neale, 
and Weston. 


Lyman, - 


- . 


East Boston, - - - 


" Morgan, Barnes, and Parker. 


Eliot, - - 


. _ 


North Bennet Street, 


" Clark, Streeter, and Stearns. 


Endicott, 


- - 


Cooper Street, - - 


" Palmer, Morgan, and Clark. 


Hancock, 


- _ 


Hanover Street, - - 


" Neale, Barnes, and Parker. 


Mayhew, 


- - 


Hawkins Street, 


" Wigglesworth, Stearns, and 
Streeter. 


Bowdoin, 


_ _ 


Derne Street, - - - 


" Dyer, Gordon, and Morgan. 


Boylston, 


- - 


Washington Place, - 


" Rogers, Gould, and Weston. 


Adams, - 


- - 


Mason Street, - - 


" -» Adams. Hubbard, and Rogers. 


Franklin, 


- - 


W ashington Street, 


" Skinner, Simonds, and Sargent. 


Wells, - 


- . 


McLean Street, - - 


" Blake, Emerson, and Dyer. 


Hawes, - 


- - 


South Boston, - - 


" Shackford, Skinner, and Sargent. 






South Boston, - - 


" Simonds, Weston, and Odin. 


Johnson, 


- - 


Tremont Street, - - 


" Odin, Hillard, and Shackford. 


Winthrop, 


- - 


East Street, - - - 


" \oung, Blake, and Gordon. 


Smith, - 


- - 


Belknap Street, - - 


" Emerson, Dyer, and Parker. 



INSTRTJCTERS OF THE LATIN HIGH AND GRAMMAR SCHOOLS. 

Latin School — Epes S. Dixwell, Master. Salary $'2,400. Fran- 
cis Gardner, Sub-Master. Salary $> 1,500. Francis E. 
Parker, Salary $700, and George S. Parker, Salary $800, 
Ushers. Jonathan Snelling, Teacher of Writing. Salary 
$1,000. 

English High — Thomas Sherwin, Master. Salary $2,400. Lu- 
ther Robinson, Sub-Master. Salary $1,500. Francis S. 
Williams, and William A. Shepard, Ushers. 

Lyman — Albert Bowker, Master — Mary Atherton and Aaron L. 
Ordway, Assistants. 

Eliot — Charles B. Sherman, Grammar Master — Levi Conant, 
Writing Master — George Tower and Jacob H. Kent, Ush- 
ers — Assistants, Caroline W. Carter and Elizabeth Skinner. 

Hancock — William J. Adams, Grammar Master — Peter Mackin- 
tosh, Jr., Writing Master — Assistants, Adeline Howe, 
Henrietta L.Pierce, Catharine W. Snelling, Mary F. Horton, 
Cecilia L. Gale and Sarah A. Dyke. 



112 

Endicott — George Allen, Jr., Grammar Master — Loring Lothrop, 
Writing Master — Oliver C. Gardiner, Usher — Angeline A. 
Brigham, Ann M. Wight, Susan A. Bates, and Mary Torrin, 
Assistants. 

Mayhew — William D. Swan, Grammar Master — Aaron D. Capen, 
Writing Master — Winslovv Battles and Benjamin Drew, 
Jr., Ushers — Assistants, Mary J. Walker and E. L. West. 

Bowdoin — Abraham Andrews, Grammar Master — James Robinson, 
Writing Master — Assistants, Mary A. Murdock, Elizabeth 
Lincoln, Chastine Lincoln, Frances M. Robinson, Caroline E. 
Andrews, Harriet French. 

Boylston — Charles Fox, Grammar Master — Charles Kimball, 
Writing Master — Assistants, Margaret L. Emery, Harriet 
E. Emery, Clarinda R. F. Tread well, Susan M. Jones, 
Augusta S. Owen, Catharine Grover. 

Adams — Samuel Barrett, Grammar Master — Josiah Fairbank, 
Writing Master — Josiah A. Stearns, Usher — Assistants, 
Mary S. Barker, Sarah E. Weld, Elizabeth M. Emerson, 
Harriet D. Williams, Mary S. Brigham, Mary E. Beck. 

Franklin — Barnum Field, Grammar Master — Nathan Merrill, 
Writing Master — Assistants, Hannah S. Tirrell, Sarah Ann 
Gale, Abigail E.Baldwin, Catharine T. Simonds, Martha A. 
Parker, Caroline Bullard, Henrietta C. Emmons. 

Wells — Cornelius Walker, Grammar Master — Reuben Swan, Jr., 
Writing Master — William II. Swan, Usher — Assistants, 
Matilda A. Gerry, Hannah J. Woodman, Caroline Otis, 
Mary E. Swift. 

Hawes — Frederick Crafts, Grammar Master — John A. Harris, 
Writing Master — Charles A. Merrill, Usher — Assistants, 
Julia M. Baxter, Mary E. Clark, Mary Ann Capen, Evelina 
Crane. 

Mather School — Jonathan Battles, Jr., Master — Lucy Floyd and 
Mary Pierce, Assistants. 

Johnson — Richard G. Parker, Grammar Master — Joseph Hale, 
Writing Master — Rebecca P. Barry, Martha E. Towne, 
Sarah Ann Belding, Emma J. Knapp, Judith E. Parker, 
Mary H. Stodder, Assistants. 

Wmthrop — Henry Williams, Jr., Grammar Master — Samuel L. 
Gould, Writing Master — Eliza A. Felt, Elizabeth W. Shel- 
ton, Mary J. Bryant, Nancy Brooks, Eliza R. Harrington, 
Harriet D. Williams, Assistants. 

Smith — Abner Forbes, Master — Assista?2ts, Sarah Forbes, Chloe A. 
Lee, Joseph H. Putman. 



113 



PRIMAPvY SCHOOLS. 

BOARD OF MANAGERS. 
R. W. Bayley, Chairman. 
Alvan Simonds, Secretary. 

Standing Committee. J. F. Bumstead, Chairman. F. A. Sumner, 
Secretary. R. W. Bayley, Wm. D. Ticknor, Samuel McBurney, 
Wm. P. Jarvis, Alvan Simonds, A. D. Parker, James B. Dow, Geo. 
Bemis. 

Committee on School Rooms. J. W. Ingraham, E. H. Snelling, 
Franeis Brown, E. P. -Hartshorn, B. P. Richardson, Daniel T. Coit, 
A.B. Wheeler, J. B. Stebbins, Benjamin H. Greene, Samuel jMic- 
Burney. 

Committee of Conference. R. W. Bayley, F. A. Sumner, J. F. 

Bumstead. 

District 1. Chairman, Joseph Moriarty. Secretary, Thomas 
Restieaux. Teachers, Nancy B. Tobey, C. W. Goodridge, Ann M. 
Dean, Eliza T. Hook, Mary S. Stoddard, H. S. Keith, Caroline H. 
Freelancl, A. S. Marden, Susan B. Betteley, Mary S. Gale, So- 
phronia Abbot, M. A. Cushing. 

District 2. Chairman, Andrew Geyer. Secretary, Elijah Stearns. 
Teachers, Nancy B. Seaver, Catharine W. Callender, Margarett 
W. Hall, Mary E. Butterfield, A. W. Goodrich, Aphia Turner, 
Elizabeth Deshon, Mary E. Parker, Harriet M. Warren. 

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, Margaret Townsend, 
Henrietta Adams, E. S. Grater, Bethia Whiting, Sophia White, 
Catharine A. Jones. 

District 4. Chairman, Enoch Hobart. Secretary, Frederick O. 
Prince. Teachers, Elizabeth Ford, F. D. Happell, Lydia Johnson, 
Mary S. Watts, Mary Symmes, 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. Newmareh, Rebecca R. Thayer, 
Rachel Read, Maria E. Clark, Abigail W. Wilder, Lucy H. Green, 
Adeliue Lincoln, D. W. Hapgood, Martha W. Cook, Lydia Em- 
mons, Martha F. Billings. 

District 6. Chairman^ Daniel T. Coit. Secretary, James B. 
Dow. Teachers, Caroline Johnson, Olivia M. Johsnon, Harriet A. 
Parker, Eliza Ann Parker, Mary Williams, Persis Keyes, Elizabeth 
C. Frink, Margaret E. Sumner. 
10* 



114 

District 7. Chairman, . Secretary, A. B. Wheeler. 

Teachers, Catharine Pratt, H. A. T. Stoddar, M. A. M. Goodridge, 
C. M. E. Richardson, Elizabeth Goodridge, Priscilla Taft, Julia 
Emmons, Abba Baker. 

District 8. Chairman, Alvan Sirnonds. Secretary, John B. 
Stebbins. Teachers, Louisa Emerson, Emily Baxter, Mary Lin- 
coln, Rachel C. Rich, Eliza S. Johnson, Ruthy Clark, Almira 
Downes, Ann Floyd, Elizabeth Mann, Lucretia S. Day. 

District 9. Chairman, B. H. Greene. Secretary, Samuel 
Wheeler. Teachers, Abigail S. Spear, Caroline A. Miller, Helen 
E. Vans, C. A. Hatstat, F. M. Blunt, Elizabeth Newman, Rebecca 
Eaton. 

District 10. Chairman, George Rogers. Secretary, John Odin, 
Jr. Teachers, Mary F. Rogers, Caroline F. Atherton, Mary L. 
Crymble, Mary Svvett, Lydia N. R. Babson, E. Watson, Hannah 
E. Moore. 

District 11. Chairman, James M. Whiton. Secretary, Aaron 
Ordway. Teachers, Eliza L. Pierce, Charlotte E. Chaffee, Eliza- 
beth Lincoln. 

Mill Dam. Standing Committee. Teacher, Sarah A. Sumner. 



115 



WARD OFFICERS. 



No. 1. — Reuben Carver, Warden: Henry Washburn, Clerk. 

Inspectors, John D. Brown, James E. Spear, T. J. Temple, Uiram 
Libbey, J. Snelling, Jr. 

No. 2. — Edward A. Vose, Warden: Henry Davis, Clerk. 

Inspectors, B. Gowan, J. F. Barber, Ezra Vinal, Paul Higgins, 
George Carlisle. 

No. 3. — Oliver Dyer, Warden : Elihu Fernald, Clerk. 

Inspectors, Samuel Jepson, Thomas Sprague, Joseph Sherwin, 
James Whiting, William R. Stacy. 

No. 4. — Reuben Reed, Warden : Ira P. Rankin, Clerk. 

Inspectors, D. A. Tainter, D. E. Jewett, Thomas B. Pope, E. John- 
son, Charles R. Bond. 

No. 5. — Michael Roulstone, Warden: C. Boardman, Clerk. 

Inspectors, J. M. Thompson, Cyrus McClure, Daniel Brown, Adin 
Hall, E. F. Hall. 

No. 6. — Robert B. Storer, Warden: William Minot, Jr., Clerk. 

Inspectors, Otis Clapp, John A. Conkey, John Reed, Charles Little, 
Charles Brown. 

No. 7. — Joseph Barrell, Warden: Henry M. Parker, Clerk. 

Inspectors, C. H. Appleton, N. H. Henchman, William H. Kelly, 
T. B. Frothingham, David B. Jewett. 

No. 8. — James Boyd, Warden: F. A. Williams, Clerk. 

Inspectors, Joseph Sargent, D. B. Badger, T. P. Kendall, Henry 
Brown, James Dillon. 

No. 9. — Nahum Mitchell, Warden: George A. Shaw, Clerk. 

Inspectors, Joseph P. Titcomb, James Bliss, Enoch Goodwin, 
William M. Simpson, Robert B. Lincoln. 

No. 10. — Samuel Pettes, Warden: John C. Pratt, Clerk. 

Inspectors, F. Bullard, E. J. Long, G. S. Jackson, John D. Weld, 
L. B. Comins. 

No. 11. — Joel Wheeler, Warden: Daniel F. Child, Clerk. 

Inspectors, J. S. Bosworth, M. R. Herrick, J. Farrington, James S. 
Marble, Lewis Wentworth. 

No. 12— William R. Hudson, Warden: E. F. Robinson, Clerk. 

Inspectors, Asa Brown, G. N, Noyes, M. Sprague, Jr., A. J, 
Wright, Benjamin James. 



INDEX. 



Abatement of Taxes, how to be made, - - - 97 

Accountability, Ordinance to provide for in concerns of the 

City, -----..24 

Alien passengers, act concerning, - - - - 16 

Lunatics, &c. not to land, without giving 

bonds, - - - - -16 

Ashes, &c. not to be thrown into the harbor from Steam 

Boats, - - - - - - 46, 60 

Assessors, to be chosen, 96 

their duties prescribed, - - - - 97 

Attorney, City, how chosen, — duties, T - 21 

Auditor, &c. to pay over to the City Treasurer, - 24 

to render account of monies received, - 24 

to return statements of leases, &c. •? 25 

Bells,. not to be rung in streets, - - - 93 

Bonfires, penalty for making, - - - ~ 30 

Boston Lunatic Hospital — Acts concerning, - - 65, 69 

Superintendent of, to be chosen, - 71 
Inspectors of Prisons to be Inspect- 
ors of, - - - - 65 
Patients to be committed by Police 

Court, 69 
Patients, how to be discharged, - 70 
Ordinance concerning, - - 71 
Visiters of, how chosen, their du- 
ties, - - - - 71 
to visit the Hospital once a month, 74 
Superintendent of, how chosen, his 

duties, - - - 71, 40 



INDEX. 



117 



Boston Lunatic Hospital— Steward of, how chosen, his duties, 72 

to be boarded as the Visiters may 

direct, - - - 74 

Boundary with Roxbury established, - - 18, 19 

Bows and Arrows, not to be used in the streets, - - 94 

Bridge, South, penalty for injuring, &c. - - 21 



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, 



93 

94 
100 
42 
26 
94 
25 
39 



Dead bodies, not to be removed from the City without a 

license, -------61 

Debts due the City, when to be put in suit, - - 23 



Elections — Acts concerning, 
Engineer, Chief, his duties, - 
Engineers, their duty, 



22 
34 
33 



False alarms of fire, penalty for making, 

Fire Department, - 

Ordinance concerning, 
Members of, to be paid. 

Firemen, their duty, 

Foremen, their duty, 



30 
108 
32 
41 
38 
36 



Gaol, Port Physician to attend the sick in, 
Grinding cutlery in streets, forbidden, 
Gunpowder, penalty for having or selling, 

duty of Engineers in relation to, 



59 

93 

29, 31 

29,31,40 



Harbor, line of, between Warren Bridge and the Free Bridge, 43 

South Boston Free Bridge and Old 
South Boston Bridge, - -, 46 



118 INDEX. 

Harbor, line of between Warren Bridge and B. and R. Mill 

Dam, - 47, 52 

on Charlestown side, - - 49 

East Boston side, - - - 50 

wharves not to be extended beyond, - 45, 51 

rubbish, &c. not to be thrown from Steamboats into, 43, 46 
Hay, weighers of, to be appointed by Mayor and Aldermen, - 53 
Health, department, - 106 

House of Correction — Act in relation to keeping the ac- 
counts in, - 59 
maintenance of persons in, 60 

Idiots and Insane, how committed to House of Correction, - 61 

alien passengers, not to be landed, - 16 

Islands, penalty for taking gravel, &c from, - - 42 

Mayor and Aldermen to have the care of Rainsford Island, - 81 

appoint hay weighers, - - 53 

Militia — Act relating to the pay of, - - - - 74 

Minors, not to be employed in the Fire Department - 35 

Offal, &c. its removal to be licensed, - - - 54 

Officers, City, to render accounts of money received, - 24 

pay over to the City Treasurer, - 24 

Pilots, to anchor vessels having alien passengers on board, - 17 
Police, department, - 105 

Officers — Act concerning the appointment of, - 76 

Port Physician, appointment of, - 55 

his duties as to certain nuisances, and vac- 
cination, - - - - - 55 
quarantine, - 56, 58 
the Gaol, 59 
keeping records and making 
returns, - - 55, 59 
Public Lands, Buildings, &c, department of, - - 107 
Public Buildings, ordinances relating to the erection, alteration 

and repair of, - - - 78, 81 



INDEX. 119 

Public Buildings, Plans, &c. to be made and notice given, - 78 
Ordinance not to apply to Institutions at 

South Boston, - - - - 81 

Superintendent of, his duties, - 79 

to give bonds, - - 80 

Committee on, their duty, - - 79 

Quarantine of vessels, - - - - 56, 58 

Rainsford Island placed in charge of Mayor and Aldermen, - 81 

quarantine at, - - - - 56 

Rewards to be offered for apprehension of Criminals, - 77 
Riots — Act making Cities or Towns liable for property de- 
stroyed thereby, ------ 76 

Rules and Orders of Common Council, 7 

Rules (Joint) of the City Council, 3 

School Committee organized, - - - - 83 
Second-hand articles, &c. — Act concerning dealers in, - 84 
dealers in, to be licensed, - - 84 
Ordinance concerning, - - - 85 
dealers in, how licensed, - - 85 
requirements and penalties, - - 86 
Sewers, how to be laid, - - - - 86, 89, 91 
assessments for, how made, - - 87, 91 
Signs, how far to project into the street, - - - 95 
Spectacle Island — Act against making fires on, - - 43 
Superintendent of Common Sewers chosen — his duties, - 90 
South Bridge, when chosen — his duty, - 20 
Public Lands to be Superintendent of Pub- 
lic Buildings — his duties. - - 79 
Alien passengers, - - - - 16 

Taxes, how to be abated, - - - - - 97 

on Real Estate, how to be assessed, - - - 97 

bills for, when to be issued, - - - - 98 

Treasurer's accounts, how to be audited, - - 26 

Treasury Department, - - - - 104 



120 IJJDEX, 

Vaccination, by Port Physician, - - - - 55 

Vaccine matter, to be supplied to Physicians, - - 56 

Vaults, entry of into Sewers, - - - 90 

Watchmen to give notice of fires, - - - 39 

Wharves not to extend beyond the line of the Harbor, 45, 51 

Wooden buildings, act concerning, - - - 27 

act not to apply to S. or. E. Boston, - 28