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City  Document* — No.  3. 


MUNICIPAL  REGISTER, 

CONTAINING 

RULES  AND  ORDERS 


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LIST    OF    THE    OFFICERS 

THE 

CITY  OF  BOSTON, 

FOR 

184  7, 


BOSTON: 

1847. 

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— 

CITY    OF    BOSTON. 


JOINT    RULES    AND     ORDERS 


CITY  COUNCIL. 


Sect.  1.  At  the  commencement  of  the  Munici- 
pal 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  the  following  shall  be  appointed,  viz.  : 

A  Committee  on  the  Public  Lands — 

To  consist  of  two  members   of  the   Board    of 


Joint  Rules  of  the  City  Council. 


Mayor  and  Aldermen,  and  three  members  of  the 
Common  Council ; 

A  Committee  on  Public  Buildings — 

To  consist  of  three  members  of  the  Board  of 
Mayor  and  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  Coun- 
cil ; 

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 ; 

A  Committee  on  Fuel — 

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

A  Committee  on  Water — 

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

A  Committee  on  the  Treasury  Department — 

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

A  Committee  on  the  Assessors'  Department — 

To  consist  of  two  members  of  the  Board  of  Alder- 
men, and  three  members  of  the  Common  Council ; 


Joint  Rules  of  the  City  Council. 


A  Committee  on  Boston  Harbor — 

To  consist  of  two  members  of  the  Board  of  May- 
or and  Aldermen,  and  three  members  of  the  Com- 
mon Council. 

A  Committee  on  Printing — 

To  consist  of  one  member  of  the  Board  of  Mayor 
and  Aldermen,  and  two  members  of  the  Common 
Council. 

On  all  Joint  Committees,  wherein  it  is  provided 
that  the  Mayor  shall  be  a  member,  in  case  of  the 
non-election,  decease,  inability,  or  absence  of  that 
officer,  the  Chairman  of  the  Board  of  Aldermen 
shall  act  ex  officio. 

The  members  of  the  Board  of  Aldermen  and  of 
the  Common  Council,  who  shall  constitute  the  Joint 
Standing  Committees,  shall  be  chosen  or  appointed 
by  their  respective  Boards. 

The  Mayor,  the  President  of  the  Common  Coun- 
cil, and  the  Chairman  of  the  Committee  of  Finance 
on  the  part  of  the  Common  Council,  shall,  accord- 
ing to  the  ordinance,  constitute  the  Committee  on 
the  Reduction  of  the  City  Debt. 

The  member  of  the  Board  of  Aldermen  first 
named  on  every  Joint  Committee,  of  which  the 
Mayor  is  not  a  member,  shall  be  its  Chairman ;  and 
in  case  of  his  resignation  or  inability,  the  other 
members  of  the  same  Board,  in  the  order  in  which 


Joint  Rules  of  the  City  Council. 


they  are  named,  and  after  them,  the  member  of  the 
Common  Council,  first  in  order,  shall  call  meetings 
of  the  Committee  and  act  as  Chairman. 

Sect.  2.  In  every  case  of  disagreement  between 
the  two  branches  of  the  City  Council,  if  either 
Board  shall  request  a  conference,  and  appoint  a 
Committee  of  Conference,  and  the  other  Board  shall 
also  appoint  a  Committee  to  confer,  such  Commit- 
tees 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  mes- 
sage. 

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

Sect,  5.  All  By-Laws,  passed  by  the  City  Coun- 
cil, shall  be  termed  "  Ordinances,"  and  the  enacting 
style  shall  be : — Be  it  ordained  by  the  Mayor,  Al- 
dermen, 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 


Joint  Rules  of  the  City  Council. 


by  way  of  Command^  the  form  of  expression  shall 
be  ''Ordered;"  and  whenever  either  or  both 
branches  express  opijiions,  principles^  facts^  oi  pur- 
poses, the  form  shall  be  "Resolved." 

Sect.  7.  In  the  present  and  every  future  finan- 
cial year,  after  the  annual  order  of  appropriations 
shall  have  been  passed,  no  subsequent  expenditures 
shall  be  authorized  for  any  object,  unless  provision 
for  the  same  shall  be  made  by  special  transfer  from 
some  of  the  appropriations  contained  in  such  annual 
order,  or  by  expressly  creating  therefor  a  City  Debt ; 
in  the  latter  of  which  cases,  the  order  shall  not  be 
passed,  unless  two-thirds  of  the  whole  number  of 
each  branch  of  the  City  Council  shall  vote  in  the 
affirmative,  by  vote  taken  by  yea  and  nay. 

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

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

Sect.  10.  All  reports  and  other  papers  submit- 
ted to  the  City  Council,  shall  be  written  in  a  fair 
hand,  and  no  report  or  endocsement  of  any  kind 


8  Joint  Rules  of  the  City  Council. 

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  Chairmen  thereof. 

Sect.  11.  No  Committee  shall  enter  into  any 
contract  with,  or  purchase,  or  authorize  the  pur- 
chase of  any  articles  of  any  of  its  members. 

Sect.  13.  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 


COMMON  COUNCIL. 


Rights  and  Duties  of  the  President. 

Sect.  1.  The  President  shall  take  the  chair 
precisely  at  the  hour  to  which  the  Council  may 
;have  adjourned ;  he  shall  call  the  members  to  order, 
and,  on  the  appearance  of  a  quorum,  cause  the  min- 
utes of  the  preceding  meeting  to  be  read,  and  pro- 
ceed 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  tem- 
pore, 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  or- 


10     Rules  and  Orders  of  the  Common  Council, 

der,  subject  to  an  appeal  to  the  Councilj  on  motion 
of  any  member  regularly  seconded. 

Sect.  3.  He  shall  declare  all  votes;  but  if  any 
member  doubt  the  vote,  the  President,  without  fur- 
ther 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;  but  no  decision  shall  be  declared 
unless  a  quorum  of  the  Council  shall  have  voted. 

Sect.  4.  He  shall  rise  to  address  the  Council, 
or  to  put  a  question,  but  may  read  sitting. 

Sect.  5.  The  President  may  call  any  member 
to  the  chair ;  provided  such  substitution  shall  not 
continue  longer  than  one  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  ex- 
press his  opinion  on  any  subject  under  debate  ;  but 
in  such  case,  he  shall  leave  the  €hair,  and  appoint 
some  other  member  to  take  it ;  and  he  shall  not 
resume  the  chair  while  the  same  question  is  pend- 
ing. But  the  President  may  state  facts,  and  give 
his  opinion  on  questions  of  order,  without  leaving 
his  place. 

Sect.  6.  When  any  member  shall  require  a 
question  to  be  taken  by  yeas  and  nays,  the  Presi- 
dent shall  take  the  sense  of  the  Council  in  that  man- 
ner, provided  ojie-third  of  the  members  present  are 
in  favor  of  it. 


Rules  and  Orders  of  the  Common  Council.    11 

Sect.  7.  He  shall  propound  all  questions  in  the 
order  in  which  they  are  moved,  unless  the  subse- 
quent motion  shall  be  previous  in  its  nature  ;  ex- 
cept 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 
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 
previous  question  be  decided ;  and  the  previous 
question  shall  not  be  put,  unless  a  majority  of  the 
whole  Council  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  nom- 
inated by  the  President. 


12  Rules  and  Orders  of  the  Common  Council. 

Rights  arid  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. 

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 
respectful. 

Sect.  15.  No  member  while  speaking,  shall  be 
interrupted  by  another,  but  by  rising  to  call  to  or- 
der, 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  him  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  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  trans- 
gressed, he  shall  not  be  allowed  to  speak,  unless  by 
way  of  excuse  for  the  same,  until  he  has  made  sat-^ 
i&faction. 


Rules  and  Orders  of  the  Common  Council.    13 

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  oth- 
erwise ;  and  no  member  shall  be  permitted  to  sub- 
mit 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  lay  on 
the  table  ;  for  the  previous  question  ;  to  postpone  to 
a  day  certain ;  to  commit ;  to  amend  ;  or  to  post- 
pone indefinitely ;  which  several  motions  shall  have 
precedence  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  dis- 
posed of  by  the  Council.  And  in  case  the  motion 
be  made  at  the  same  meeting,  it  shall  be  competent 
for  a  majority  of  the  members  present  to  pass  a  vote 
of  reconsideration  ;  but  if  it  be  not  made  until  the 
next  meeting,  the  subject  shall  not  be  reconsidered 
unless  a  majority  of  the  whole  Council  shall  vote 


14    Rules  and  Orders  of  the  Common  Council. 

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  be- 
tween the  President  and  the  person  speaking. 

Sect.  23.  Every  member,  who  shall  be  in  the 
Council  when  a  question  is  put,  shall  give  his  vote, 
unless  the  Council,  for  special  reasons,  excuse  him. 

Sect.  24.  On  the  "previous  question,"  no  mem- 
ber shall  speak  more  than  once  without  leave. 

Sect.  25.  The  division  of  a  question  may  be 
called  for  when  the  sense  will  admit  of  it. 

Sect.  26.  When  the  reading  of  a  paper  is  called 
for,  and  the  same  is  objected  to  by  any  member,  it 
shall  be  determined  by  a  vote  of  the  Council. 

Sect.  27.  No  standing  rule  or  order  of  the 
Council  shall  be  suspended,  unless  three-fourths  of 
the  members  present  consent  thereto ;  nor  shall  any 
rule  or  order  be  repealed  or  amended,  without  one 
day's  notice  being  given  of  the  motion  therefor,  nor 
unless  a  majority  of  the  whole  Council  shall  concur 
therein. 

Sect.  28.  Every  member  shall  take  notice  of 
the  day  and  hour  to  which  the  Council  may  stand 
adjourned,  and  give  his  punctual  attendance  accord- 
ingly. 

Sect.  29.  No  member  shall  be  obliged  to  be  on 
more  than  two  Committees  at  the  same  time,  nor  to 
be  Chairman  of  more  than  one. 


Rules  and  Orders  of  lite  Common  Council.    15 


Of  Communications,  Committees,  Reports,  Resolu- 
tions, Duties  of  Clerk,  S^'c. 

Sect.  30.  All  memorials  and  other  papers  ad- 
dressed to  the  Council,  shall  he  presented  by  the 
President,  or  by  a  member  in  his  place,  who  shall 
explain  the  subject  thereof,  and  they  shall  lie  on 
the  table,  to  be  taken  up  in  the  order  in  which  they 
are  presented,  unless  the  Council  shall  otherwise 
direct. 

Sect.  31.  Standing  Committees  of  this  Council 
shall  be  appointed  on  the  following  subjects,  viz  : 
On  Elections  and  Returns,  and  on  Enrolled  Ordi- 
nances, each  to  consist  of  five  members. 

Sect.  32.  No  Committee  shall  sit  during  the 
sitting  of  the  Council,  without  special  leave. 

Sect.  33.  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.  34.  When  Committees  of  the  Council, 
chosen  by  ballot,  or  Committees  consisting  of  one 
member  from  each  ward,  have  been  appointed  or 
elected,  whether  joint  or  otherwise,  the  first  meet- 
ing thereof  shall  be  notified  by  the  Clerk,  by  direc- 


16    Rides  and  Orders  of  the  Common  Council. 

tion  of  the  President,  and  they  shall  organize  by 
the  choice  of  Chairman,  and  report  to  the  Council ; 
and  when  Committees,  other  than  as  above  speci- 
fied, are  nominated  by  the  President,  the  person 
first  named  shall  be  Chairman,  and  in  case  of  the 
absence  of  the  Chairman,  the  Committee  shall  have 
power  to  appoint  a  Chairman  pro  tern. 

Sect.  35.  All  messages  to  the  Mayor  and  Al- 
dermen, shall  be  drawn  up  by  the  Clerk  and  sent 
by  the  Messenger. 

Sect.  36.  All  ordinances,  resolutions,  and  or- 
ders shall  have  two  several  readings,  before  they 
shall  be  finally  passed  by  this  Council ;  they  shall 
then  be  enrolled  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.  37.  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.  38.  The  seats  of  the  members  of  the 
Council  shall  be  numbered  and  determined  by  lot ; 
and  no  member  shall  change  his  seat  but  by  per- 
mission of  the  President. 

Sect.  39.  All  special  Committees  of  this  Coun- 
•cil  shall  consist  of  three  members,  unless  a  different 
number  be  ordered.     And  no  report  shall  be  receiv- 


Rules  and  Orders  of  the  Common  Council.    17 

ed  from  any  Committee,  unless  agreed  to  in  Com- 
mittee actually  assembled. 

Sect.  40.  The  Clerk  shall  keep  brief  minutes 
of  the  votes  and  proceedings  of  the  Council, — en- 
tering thereon  all  accepted  Orders  and  Resolutions  ; 
— shall  notice  Reports,  Memorials,  and  other  papers 
submitted  to  the  Council,  only  by  their  titles,  or  a 
brief  description  of  their  purport  ;  but  all  accepted 
Reports  from  Special  Committees  of  this  Board, 
shall  be  entered  at  length  in  a  separate  journal  to  be 
kept  for  that  purpose,  and  provided  with  an  index. 

Sect.  41.  All  salary  officers  shall  be  voted  for 
by  written  ballot. 

Sect.  42.  It  shall  be  the  duty  of  all  Standing 
Committees  of  the  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  at- 
tend the  meetings  of  said  Committees  and  of  the 
Special  Committees,  and  make  said  records  when 
required  so  to  do. 

Sect.  43.  No  meeting  of  any  Committee  shall 
be  called  upon  less  notice  than   twenty-four  hours. 

Sect.  44.  In  all  elections  by  ballot,  on  the  part 
of  the  Council,  blank  ballots  and  all  ballots  for  per- 
sons not  eligible,  shall  be  reported  to  the  Council, 
but  shall  not  be  counted  in  making  up  the  returns, 
except  in  cases,  where  this  Council  have  only  a 
negative  upon  nominations  made  by  the  Mayor  and 
Aldermen. 


18    Rules  and  Orders  of  the  Common  Council. 

Sect.  45.  It  shall  be  the  duty  of  every  Com- 
mittee of  the  Council,  to  whom  any  subject  may 
be  specially  referred,  to  report  thereon  within  four 
weeks  from  the  time  said  subject  is  referred  to  them, 
or  to  ask  for  further  time. 


RECENT  ORDINANCES. 


An  Ordinance  regulating  the  purchase  of  Fuel  for  tlie  use 
of  the  City. 

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

Sect.  1.  That  hereafter  all  contracts  for  wood,  bark, 
coal  and  other  fuel,  for  the  use  of  the  City,  in  each  and 
every  of  its  respective  branches  and  departments,  as  well 
for  the  use  of  the  Public  Schools  and  Primary  Schools,  as 
all  other  public  buildings  and  offices,  excepting  the  several 
Institutions  at  South  Boston,  shall  be  made  by  a  Committee 
of  the  City  Council,  (of  which  the  Mayor  shall  be  Chair- 
man,) whose  duty  it  shall  be  to  advertise  in  the  public 
newspapers  in  which  the  City  Ordinances  are  printed,  for 
sealed  proposals  for  furnishing  the  same — at  least  one  week 
previously  to  making  any  contract  for  the  same — and  the 
proposals  shall  contain  the  terms  for  which  each  particular 
description  of  fuel  will  be  furnished,  separately  and  dis- 
tinctly ;  and  such  proposals  being  considered,  shall  be  ac- 
cepted or  rejected,  according  to  the  terms  as  may  be 
deemed  advisable  by  said  Committee — and  the  contract  so 
made,  shall  provide  for  the  delivery  of  the  same  at  such 
different  times  and  in  such  places  as  may  be  required  by 
the  Superintendent  of  Public  Buildings  during  the  year — 
and  such  contract  shall  be  made  annually,  between  the 
months  of  May  and  September. 


20  RECENT      ORDINANCES. 

Sect.  2.  All  fuel  of  every  description  which  shall  be 
contracted  for,  shall,  previously  to  the  delivery  thereof,  be 
weighed  or  measured  by  a  weigher  or  measurer  appointed 
for  that  purpose  by  the  City ;  and  it  shall  be  the  duty  of 
the  Superintendent  of  Public  Buildings  to  attend  to  the  de- 
livery and  reception  of  the  same,  and  to  give  certificates 
therefor  as  the  same  is  delivered,  to  the  end  that  the  proper 
quantity  and  quality  may  be  ascertained  to  have  been  re- 
ceived by  the  Committee ;  and  it  shall  be  the  duty  of  the 
Chairman  of  said  Committee  to  certify  the  bills  of  the  same 
previously  to  the  payment  thereof. 

Sect.  3.  So  much  of  the  Ordinance  relating  to  the  Su- 
perintendent of  Streets,  and  prescribing  his  duties,  passed 
August  22,  1833,  as  requires  said  Superintendent  to  make 
contracts  for  the  purchase  of  fuel  for  the  use  of  the  City, 
and  all  other  parts  of  that,  and  any  other  Ordinance,  as  are 
inconsistent  with  this  Ordinance,  be  and  the  same  hereby 
are  repealed.     ^Passed  May  8,  1843.] 


An  Ordinance  concerning  the  removal  of  Buildings  through 
the  Streets  of  the  City. 

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

No  person  shall  obstruct  any  street,  lane  or  other  high- 
way, or  any  part  thereof,  in  the  City  of  Boston,  by  placing 
therein  any  house,  barn  or  other  building,  for  the  purpose 
of  removing  the  same  from  any  part  of  the  said  City — and 
no  person  shall  remove  or  draw  through  or  upon  any  of 
the  said  streets,  lanes  or  other  highways,  any  house,  barn 
or  other  building,  unless  duly  permitted  so  to  do  by  the 
Mayor  and  Aldermen.  Any  person  who  shall  ofiend 
against  the  provisions  of  this  Ordinance,  and  any  person 


RECENT      ORDINANCES.  21 

who  shall  aid  and  assist  therein,  shall  forfeit  and  pay  a  sum 
not  less  than  one,  nor  more  than  Twenty  Dollars,  and  a 
like  sum  for  every  twelve  hours  that  the  said  obstruction 
shall  continue,  or  that  the  said  house,  barn  or  other  build- 
ing shall  remain  in  or  upon  any  such  street,  lane  or  other 
highway,  to  be  recovered  by  complaint  before  the  Justices 
of  the  Pohce  Court.     \_Passcd  May  18,  1843.] 


An  Ordinance  concerning  the  Sale  of  the  Public  Buildings. 

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

Sect.  1.  Whenever  the  City  Council  shall  order  the 
purchase  of  any  land,  for  the  purpose  of  erecting  any  build- 
ing thereon,  such  purchase  shall  be  made  under  the  direc- 
tion of  the  Standing  Committee  of  the  City  Council  on 
Public  Buildings. 

Sect.  2.  Whenever  any  building,  or  any  land  appur- 
tenant thereto,  belonging  to  the  City,  shall  be  ordered,  by 
the  said  Council,  to  be  sold,  for  the  purpose  of  defraying 
the  cost  of  any  building  about  to  be  erected  for  public  uses, 
the  same  shall  be  sold  under  the  direction  of  the  Standing 
Committee  of  the  City  Council  on  Public  Buildings,  and 
the  receipts  in  money  on  account  of  such  sale,  shall,  as  far 
as  may  be  sufficient  for  that  purpose,  be  applied  to  the  pay- 
ment of  the  cost  of  erecting  such  building. 

Sect.  3,  No  public  building  belonging  to  the  City, 
shall  be  sold  by  any  Committee  of  the  City  Council,  with- 
out an  Order  from  the  Council  being  first  passed,  author- 
izing such  sale. 

Sect.  4.  So  much  of  the  Ordinance  passed  March  10, 
1834,  entitled  "An  Ordinance  concerning  the  Public  Loans 
and  Keductiou  of  the  City  Debt,"  and  of  an  Ordinance 


23  RECENT      ORDINANCES. 

passed  April  lOth,  1834,  entitled  "An  Ordinance  to  pro- 
vide for  the  care  and  management  of  the  Public  Lands," 
as  is  inconsistent  with  the  provisions  of  this  Ordinance,  is 
hereby  repealed.     [_Passed  October  2,  1843.] 


An  Ordinance  in  addition  to  an  Ordinance  in  relation  to 
Common  Sewers  and  Drains. 

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

Sect.  1.  It  shall  be  the  duty  of  the  Mayor  and  Alder- 
men, in  making  assessments  for  defraying  the  expense  of 
constructing  or  repairing  Common  Sewers,  pursuant  to  the 
provision  of  the  Ordinance  to  which  this  is  in  addition,  to 
deduct  from  the  said  expense  such  part,  and  not  less  than 
one  quarter  part,  as  they  may  deem  it  expedient,  should  be 
charged  to,  and  paid  by  the  City  ;  and  to  assess  the  remain- 
der thereof  upon  the  persons  and  estates  deriving  benefit 
from  such  Common  Sewer,  either  by  the  entry  of  their 
particular  Drains  therein,  or  by  any  more  remote  means  ; — 
apportioning  the  assessment  according  to  the  value  of  the 
lands  thus  benefited,  independently  of  any  buildings  or 
improvements  thereon.  And  also  to  prescribe  and  estab- 
lish the  time  when  the  proportion  of  tiie  said  assessments, 
which  is  charged  upon  persons  benefited,  shall  be  paid. 

Sect^  2.  The  eleventh  section  of  an  Ordinance  entitled 
"  An  Ordinance  in  relation  to  Common  Sewers  and  Drains," 
passed  June  14th,  1841,  and  also  so  much  of  the  said  Ordi- 
nance as  is  inconsistent  with  the  provisions  of  this  Ordinance, 
are  hereby  repealed.     [^Passed  March  7,  1844.] 


RECENT      ORDINANCES.  23 


An  Ordinance  foi'  the  regulation  of  Hackney  Carriages, 
Cabs,  and  other  Carriages,  within  the  City  of  Boston. 

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

Sect.  1.  No  owner,  or  driver,  of  any  Hackney  Car- 
riage, Cab,  or  other  Carriage,  shall  place  such  Hackney 
Carriage,  Cab,  or  other  Carriage,  in  any  public  street,  lane, 
avenue,  court,  place,  or  square,  within  the  City,  to  stand 
there,  to  be  employed,  unless  such  owner  shall  first  obtain 
the  consent  of  the  Mayor  and  Aldermen  of  the  City,  so  to 
place  them. 

Sect.  2.  Be  it  further  ordained,  That  whoever  shall 
offend  against  the  provisions  of  this  Ordinance,  shall  forfeit 
and  pay,  for  each  offence,  a  sum  not  less  than  two  dollars, 
nor  more  than  twenty,  to  be  recovered  by  complaint  before 
the  Justices  of  the  Police  Court. 

[Passed  April  18,  1844.] 


An  Ordinance  relating  to  Obstructions  in  the  Streets. 

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

Sect.  1.  No  person  shall  hereafter  construct  or  place 
any  portico,  porch,  window,  or  step,  which  shall  project 
into  any  street,  lane,  public  place,  or  any  way  of  the  said 
City,  under  a  penalty  of  four  dollars  for  each  offence,  and 
a  like  penalty  for  every  week  that  the  said  portico,  porch, 
window,  or  step  shall  be  continued  as  aforesaid. 

Sect.  2.     No  cellar  door  or  door-way,  shall  hereafter 


^4  RECENT      ORDINANCES. 

be  made  in  any  sidewalk,  or  projecting  into  any  street, 
lane,  public  place,  or  way  of  the  said  City,  for  the  purpose 
of  being  kept  open  during  the  day  or  night  time,  nor  shall 
such  cellar  door  or  door-way  be  kept  open  or  used  as  a 
customaiy  entrance  or  passage-way  from  any  street,  lane, 
public  place,  or  way  of  said  City,  into  any  cellar  or  other 
part  of  any  building,  under  a  penalty  of  not  less  than  four 
dollars  for  each  and  every  day  that  the  said  cellar  door  or 
door-way  shall  be  used  or  kept  open  for  such  purpose. 

Sect.  3.  No  person  being  the  owner  or  occupant  of 
any  building,  or  having  the  care  thereof,  shall  permit  or 
suffer  any  cellar  door  or  cellar  door-way,  which  is  now  or 
shall  hereafter  be  made,  and  which  does  or  shall  project 
into  any  street,  lane,  public  square,  or  way  of  the  said  City, 
beyond  such  building,  to  remain  open,  or  the  platform 
thereof  to  be  removed,  during  any  part  of  the  night-time, 
or  for  more  than  five  hours  during  the  day-time,  unless 
duly  permitted  so  to  do  by  the  Mayor  and  Aldermen,  or 
by  some  person  authorized  by  them,  under  a  penalty  of  not 
more  than  twenty  dollars  for  each  and  every  offence. 

Sect.  4.     All  Ordinances  and  parts  of  Ordinances  here-- 
tofore  passed,  which  are  repugnant  to,  or  inconsistent  with, 
the  provisions  of  this  Ordinance,  are  hereby  repealed. 
IFassed  May  30,  1844.] 


An  Ordinance  in  addition  to  an  Ordinance  regulating  the 
going  at  large  of  Cattle. 

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

All  that  part  of  the  sixth  section  of  an  Ordinance  entitled 
"  An  Ordinance  in  relation  to  the  Common  and  Common 
lands  of  the  City,  and  regulating  the  going  at  large  of  Cat- 


RECENT      ORDINANCES.  26 

tie,"  passed  November  4,  1833,  whieh  provides  that  any 
inhabitant  of  South  Boston  shall  be  allowed  to  have  one 
Cow  go  at  large,  at  South  Boston,  without  a  keeper ;  and 
which  further  provides  that  no  inhabitant  of  South  Boston 
shall  permit  any  Cow,  to  him  belonging,  to  go  at  large 
without  a  talley  on  her  neck,  and  the  owner's  name  thereon, 
is  hei'eby  repealed.     [^Passed  June  13,  1844.] 


An  Ordinance  abolishing  the  office  of  City  Attorney. 

Be  it  ordained  bi/  the  Mayor,  Aldermen,  and  Common 
Council  of  the  City  of  Boston,  in  City  Council  assembled, 
€is  follows  : 

That  an  Ordinance,  entitled  "An  Ordinance  establishing 
the  oifice  of  City  Attorney,"  passed  April  iGtli,  1839,  be 
and  the  s^ame  iy  hereby  repealed.     \_Passed  Jane  24,  1844.] 


An   Ordinance    in    addition   to   an   Ordinance    relating  to 
Obst ructions  in  the  Streets. 

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

The  provisions  of  the  first  section  of  an  Ordinance  en- 
titled "  An  Ordinance  relating  to  Obstructions  in  the 
Streets,"  passed  May  30,  1844,  are  hereby  repealed,  so  far 
as  the  same  relate  to  any  steps,  therein  mentioned,  whicu 
were  in  progress  of  completion,  or  for  the  erection  of  which 
contracts  had  been  entered  into,  and  plans  agreed  upon,  at 
the  time  of  the  passage  of  the  said  Ordinance — provided 


26  RECENT      ORDINANCES. 

however,  that  the  said  steps  shall  be  finished  and  completed 
on  or  before  the  first  day  of  January,  in  the  year  1845. 
\_Passed  December  5,  1844.] 


An  Ordinance  providing  for  the  discharge  of  the  duties  of 
Mayor,  in  certain  cases. 

Be  it  ordained  hy  the  Mayor,  Aldermen,  and  Common 
Council  of  the  City  of  Boston,  in  City  Council  assembled, 
That  during  any  vacancy  in  the  office  of  Mayor,  all  the 
powers  and  duties  heretofore  exercised  and  performed  by 
the  Mayor,  by  virtue  of  any  Ordinance,  Order,  or  Resolve 
of  the  City  Council,  shall  be  exercised  and  performed  by 
the  Chairman  of  the  Board  of  Aldermen  for  the  time  being. 
[Passed  February  7,  1845.] 


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

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

Sect.  1.  There  shall  be  chosen  by  the  City  Council, 
annually,  in  the  month  of  January  or  February,  seven 
persons,  including  one  Alderman  and  one  member  of  the 
Common  Council,  who  shall  be  a  Board  of  Visiters  of  the 
Boston  Lunatic  Hospital,  who  shall  hold  their  offices  until 
others  are  chosen  in  their  places,  and  who  shall  have  all 
the  powers  and  perform  all  the  duties  prescribed  to  the 


RECENT      ORDINANCES.  27 

Board  of  Visiters  of  the  said  Hospital,  by  the  Ordinance  to 
which  this  is  in  addition. 

Sect.  2.  All  rules  and  regulations  which  shall  be  made 
by  the  said  Board  of  Visiters,  for  the  employment,  compen- 
sation and  discharge  of  the  subordinate  officers,  attendants, 
and  domestics,  and  for  the  government  and  management  of 
the  said  Hospital,  shall,  within  one  month  alter  the  same 
shall  have  been  made,  be  submitted  to  the  City  Council, 
and  such  rules  and  regulations  shall  be  in  force  until  re- 
pealed by  said  Boai'd  of  Visiters,  or  until  disapproved  of 
by  vote  of  the  said  City  Council. 

Sect.  3.  The  first  section  of  the  Ordinance  to  which 
this  is  in  addition,  passed  October  3d,  1842,  and  all  Ordi- 
nances and  parts  of  Ordinances  inconsistent  herewith,  are 
hereby  repealed.  The  powers  and  duties  of  the  present 
Board  of  Visiters  shall  cease  upon  the  election  by  the  City 
Council  of  the  new  Board  contemplated  by  this  act. 
[Passed  March  13,  1845.] 


An  Ordinance  concerning  the  assessment  and  collection  of 
Taxes. 

£e  if  ordained  hy  the  Mayor,  Aldermen,  and  Common 
Council  of  the  City  of  Boston,  in  City  Council  assembled, 
as  follows : 

Sect.  1.  That  a  Joint  Committee  on  the  Assessors'  De- 
partment, consisting  of  two  of  the  Board  of  Aldermen,  and 
three  of  the  Common  Council,  shall  be  annually  appointed, 
whose  duty  it  shall  be  to  confer  with  the  Principal  Assessors, 
and  make  such  provision  for  their  assistance  in  taking  a 
list  of  the  polls,  and  in  making  a  valuation  of  the  real  and 
personal  estates  in  the  respective  wards,  as  the  exigency  of 
that  department  may  from  time  to  time  require.  And  also 
it  shall  be  the  duty  of  the  Assistant  Assessors  of  the  respec- 


28  RECENT      ORDINANCES. 

tive  wards  to  visit  in  company  with  one  or  more  of  the 
Principal  Assessors,  or  with  such  other  person  or  persons  as 
the  Principal  Assessors  may,  with  the  concurrence  of  the 
aforesaid  Joint  Standing  Committee,  appoint  to  perform 
that  duty. 

Sect.  2.  That  so  much  of  the  Ordinance  concerning 
the  assessment  and  collection  of  Taxes,  passed  May  iG, 
1836,  as  is  inconsistent  herewith,  be,  and  the  same  hereby 
is  repealed.     \_Passed  May  12,  1845.] 


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

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

Sect.  1.  That  the  fourth  section  of  an  Ordinance  to 
provide  for  the  care  and  management  of  the  Public  Lands, 
(passed  April  10,  1834)  is  so  tar  amended  that  the  joint 
committee  therein  named  ,  may  consist  of  two  members  of 
the  Board  of  Aldermen,  (or  the  Mayor  and  one  member  of 
the  Board  of  Aldermen,)  and  thi-ee  members  of  the  Com- 
mon Council,  and  any  pnivisions  contained  in  the  said 
Ordinance  inconsistent  herewith,  ai'e  hereby  repealed. 

Skct.  2.     So  much  of  tlie  first  section  of  an  Ordinance 
regulating  the  purchase  of  fu(  1  ibr  the  use  of  the  City  as 
renders  it  imperative  that  the  Mayor  shall  be  Chairman  of 
the  Committee  therein  appointed,  is  hereby  repealed. 
\_Passed  February  9,  1846.] 


RECENT      ORDINANCES.  29 


An  Ordinance  to  regulate  the  proceedings  of  the  Commis- 
sioners for  supplying  the  City  of  Boston  with  Pure 
Water. 

Sect.  1.  Be  it  ordained  hj  the  Mayor,  Aldermen,  and 
Common  Council  of  the  City  of  Boston,  in  City  Council 
assembled,  That  the  Commissioners  who  may  be  ap- 
pointed by  virtue  of  the  third  section  of  the  statute  passed 
on  the  thirtieth  day  of  March  last,  eiitilled  "An  Act  for 
supplying  the  City  of  Boston  with  Pure  Water,"  shall  be 
laiown  and  called  by  the  name  of  "  The  Boston  Water 
Commissioners,"  and  the  salary  of  each  Water  Commis- 
sioner shall  be  thirty-five  hundred  dollars  per  annum, 
payable  quarterly. 

Sect.  2.  Be  it  further  ordained.  That  the  Boston 
Water  Commissioners  aforesaid,  shall  have  full  power  and 
authority,  during  their  continuance  in  office,  to  take,  by 
purchase  or  otherwise,  all  such  lands,  waters  and  water 
rights ;  to  make,  in  behalf  of  the  City,  all  such  contracts 
and  agreements,  to  appoint  and  employ  all  such  engineers, 
clerks,  agents  and  laborers,  and  to  procure  and  purchase 
all  such  implements  and  materials,  as  may  be  suitable  and 
proper  for  facilitating,  expediting  and  finishing  the  works, 
and  for  fully  accomplishing  the  objects  and  purposes  of  the 
said  statute  in  the  most  speedy,  economical,  advantageous, 
permanent  and  effectual  manner. 

Sect.  3.  Be  it  further  ordained,  That  it  shall  be  the 
duty  of  the  Boston  Water  Commissioners  aforesaid,  to  ex- 
ercise all  reasonable  vigilance  and  care,  by  personal  inspec- 
tion, examination  and  supervision  from  day  to  day,  or  from 
time  to  time,  as  circumstances  may  require ;  to  see  that  all 
the  works,  matters  and  things  to  be  done,  executed  and 
performed  by  and  through  their  agency  and  under  their 
superintendence,  by  virtue  of  the  statute  aforesaid,  shall  be 
done,  executed  and  performed  in  a  substantial,  economical 
and  effectual  maimer ;  tliat  all  the  officers,  agents  mid  other 


30  RECENT      ORDINANCES. 

persons  "who  may  be  employed  by  them  in  the  works  afore- 
said, execute  and  discharge  the  duties  and  labors  assigned 
to  them  respectively  in  a  diligent  and  faithful  manner  ;  and 
that  all  contracts  and  agreements  made  and  concluded  by 
them  in  the  execution  of  the  duties  of  their  office,  are 
faithfully  and  properly  executed  and  performed. 

Sect.  4.  Be  it  further  ordained,  That  in  order  to  ena- 
ble the  City  Council  seasonably  to  raise  and  provide  the 
funds  necessary  for  defraying  the  costs  and  expenses  whieh 
may  from  time  to  time  be  incurred  in  the  prosecution  of 
the  work,  and  for  carrying  into  full  effect  the  purposes  and 
objects  of  the  statute  aforesaid,  the  Boston  Water  Commis- 
sioners aforesaid  shall,  from  time  to  time,  seasonably  make 
and  prepare,  with  as  much  particularity  as  may  be  useful 
and  practicable,  estimates  for  the  use  of  the  said  City 
Council  of  such  sums  of  money  as,  in  their  judgment,  may 
be  required,  and  statements  of  the  purposes  for  which  said 
sums  respectively  are  to  be  appropriated  and  applied. 

Sect.  5.  Be  it  further  ordained,  That  whenever  the 
Commissioners  aforesaid  shall  take  any  lands,  ponds  or 
streams  of  water,  for  the  purposes  mentioned  in  the  statute 
aforesaid,  they  shall,  without  unnecessary  delay,  make  and 
deliver  to  the  Mayor  of  the  City  of  Boston,  a  certificate 
signed  by  them,  containing  a  statement  of  the  fact  of  such 
taking,  and  a  description  of  the  lands,  ponds  or  streams  so 
taken,  as  certain  as  is  required  in  a  common  conveyance  of 
lands,  and  a  statement  of  the  purpose  for  which  they  are  so 
taken,  to  the  end  that  the  Mayor  aforesaid  may  cause  such 
description  and  statement,  signed  by  him,  to  be  filed  in  the 
office  of  the  Registry  of  Deeds,  as  required  by  the  first  sec- 
tion of  the  statute  aforesaid. 

Sect.  6.  Be  it  further  ordained,  That  in  all  suits,  pro- 
cesses and  questions  in  law  or  equity,  which  may  be  com- 
menced, prosecuted  or  pending,  by  or  against  the  City  of 
Boston,  in  any  court  or  before  any  other  tribunal,  for  or  by 
reason  of  any  act,  proceeding  or  contract  of  the  Bostoa 
Water  Commissioners  aforesaid,  or  of  the  City  of  Boston, 
or  for  any  other  cause,  arising  from  the  execution  of  the 
powers  and  authority  given  by  the  provisions  of  the  statute 


BECENT      ORDINANCES.  31 

aforesaid,  the  said  Commissioners  shall  aid  and  assist  the 
counsel  employed  to  appear  in  behalf  of  the  City,  by  giving 
information  of  all  facts  within  their  knowledge,  and  furnish- 
ing any  documents,  testimony  and  evidence  in  their  pos- 
session or  control,  which  may  be  material,  important  or 
useful  in  establishing  the  rights  and  protecting  the  interests 
of  the  said  City. 

Sect.  7.  Be  it  further  ordained,  That  the  Boston 
Water  Commissioners  aforesaid,  shall  enter,  or  cause  to  be 
entered  in  a  book  to  be  kept  for  that  purpose,  and  which 
shall  be  subject  to  the  inspection  and  examination  of  the 
Standing  Committee  of  the  City  Council  on  Water,  or  of 
any  other  committee  appointed  by  the  City  Council  for  that 
purpose,  a  journal,  accoimt  or  record  of  all  rules,  orders, 
votes,  appointments,  resolutions  and  other  official  acts, 
which  may,  from  time  to  time,  be  adopted  by  them ;  and 
the  said  Commissioners  shall,  at  the  beginning  of  each 
month,  during  their  continuance  in  office,  make  a  report  in 
writing  to  the  said  Standing  Committee,  of  their  proceed- 
ings during  the  month  next  preceding  such  report.  And 
the  said  Standing  Committee  shall,  at  the  expiration  of 
each  period  of  three  months,  make  a  written  report  to  the 
City  Council,  upon  the  matters  committed  to  them. 

Sect.  8.  Be  it  further  ordained,  That  the  Boston 
Water  Commissioners  shall  be,  and  they  are  hereby  au- 
thorized to  draw  bills  or  orders  on  the  Treasurer  of  the 
City,  for  such  sums  of  money  as  may  from  time  to  time  be 
necessary  for  the  payment  of  the  current  costs  and  ex- 
penses of  pei'forming  the  work  and  executing  and  accom- 
plishing the  purposes  provided  for,  in  and  by  the  statute 
aforesaid,  which  drafts  or  bills  shall  be  countersigned  by 
the  Mayor  before  payment  thereof,  and  approved  in  the 
usual  mode  now  adopted  in  the  financial  arrangements  of 
the  City. 

Sect.  9.  Be  it  further  ordained,  That  this  ordinance 
and  all  its  provisions,  shall  be  subject  to  such  revision, 
alteration,  amendment,  or  repeal,  at  the  discretion  of  the 
City  CouDcil  of  the  City  of  Boston  aforesaid,  as  shall  not 


32  KECENT      ORDINANCES. 

te  inconsistent  with  the  provisions  of  the  act  of  the  Legis- 
lature of  Massachusetts  aforesaid. 

[Passed  April  21,  1846. 


An  Ordinance  providing  for  the  appointment  of  a  City 
Solicitor,  and  prescribing  his  duties. 

Sect.  1.  Be  it  ordained  hy  the  Mayor,  Aldermen,  and 
Common  Council  of  the  City  of  Boston,  in  City  Council 
assembled,  That  in  the  month  of  June,  annually,  and  when- 
ever a  vacancy  in  the  office  shall  occur,  there  shall  be 
chosen,  by  concurrent  vote  of  both  bi-anches  of  the  City 
Council,  a  Solicitor  for  the  City  of  Boston,  who  shall  be  a 
resident  citizen  thereof,  and  who  shall  have  been  admitted 
an  attorney  and  counsellor  of  the  courts  of  the  Common- 
wealth, and  who  shall  not  hold  any  other  office  under  the 
City  government,  during  the  period  for  which  he  is  elected ; 
and  he  shall  be  removable  at  the  pleasure  of  the  City 
Council. 

Sect.  2.  Be  it  farther  ordained.  That  it  shall  be  the 
duly  of  said  City  Solicitor,  by  himself,  or  by  some  person 
by  him  duly  authorized,  for  whose  conduct,  skill  and  faith- 
fulness, he  shall  be  accountable,  to  draft  all  bonds,  deeds, 
obligations,  contracts,  leases,  conveyances,  agreements,  and 
other  legal  instruments,  of  whatever  nature,  which  may  be 
required  of  him,  by  any  ordinance  or  order  of  the  Mayor 
and  Aldermen,  or  of  the  City  Council,  or  which  by  any 
ordinance  or  order  heretofore  passed  may  be  requisite  to 
be  done  and  made  by  the  City  of  Boston  and  any  person 
or  persons  contracting  with  the  City  in  its  corporate  ca- 
pacity, and  which  by  law,  usage  or  agreement,  the  City  is 
to  be  at  the  expense  of  drav,dng. 

Sect,  3.  Be  it  further  ordained.  That  it  shall  be  the 
duty  of  said  City  Solicitor  to  commence  and  prosecute  all 


RECENT      ORDINANCES.  33 

actions  and  suits  to  be  commenced  by  the  City  before  any 
tribunal  in  this  Conimonweahh,  whetlier  in  law  or  equity  ; 
and  also  to  af)pear  in,  defend  and  advocate  the  rights  aiid 
interests  of  the  City,  or  any  of  the  officers  of  the  City,  in 
any  suit  or  prosecution  for  any  act  or  omission  in  the  dis- 
charge of  their  official  duties,  wherein  any  estate,  right, 
privilege,  ordinances  or  acts  of  the  City  Government  or 
any  breach  of  any  ordinance  may  be  brought  in  c|ue3tion. 
And  said  Solicitor  shall  also  appear  before  the  Legislature 
of  the  Commonwealth,  or  any  committee  thei^eof,  wdiether 
of  either  or  both  branches  of  the  same,  and  there  in  behalf 
of  the  City  represent,  answer  for,  defend,  and  advocate  the 
interests  and  welfare  of  said  City,  whenever  the  same  may 
be  directly  or  incidentally  affected,  whether  to  prosecute 
or  defend  the  same,  and  he  shall  in  all  matters  do  all  and 
every  professional  act,  incident  to  the  office  which  may  be 
required  of  him  by  the  City  Government,  or  by  any  joint 
or  special  committee  thereof,  or  by  any  ordinance  or  order 
heretofore  passed;  and  he  shall,  when  required,  furnish 
the  Mayor  and  Aldermen,  the  Common  Council,  or  any 
joint  or  special  committee  of  either  branch  thereof^ — and  to 
any  officer  of  the  City  Government,  who  may  require  it  in 
the  official  discharge  of  his  duties,  with  his  legal  opinion 
on  any  subject  touching  the  duties  of  their  respective 
offices. 

Sect.  4.  Be  it  further  ordained,  That  in  full  compen- 
sation for  all  the  services  of  said  Solicitor,  he  shall  receive 
such  salai-y  as  the  City  Council  may  from  time  to  time  fix 
and  determine.  In  all  cases,  however,  w^hen  his  attendance 
may  be  required  out  of  the  City,  his  reasonable  travelling 
expenses  shall  be  allowed  him ;  and  in  suits  and  prosecu- 
tions he  shall  be  entitled  to  receive  and  retain  for  his  own 
use  the  legal  taxable  costs  which  may  be  recovered  of  the 
adverse  party,  where  the  City  shall  recover  the  same,  ac- 
cording to  the  usage  and  practice  of  the  courts. 

Sect.  5.  Be  it  further  ordained,  That  all  ordinances 
and  parts  of  ordinances  inconsistent  with  this  ordinance  or 
any  provision  thereof,  be  and  the  same  are  hereby  re- 
pealed.    ^Passed  April  29,  1846.] 

5 


34  RECENT      ORDINANCES. 


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  Superintendent  of  the  Boston  Lunatic 
Hospital  shall,  in  the  month  of  December  annually,  repor- 
to  the  Board  of  Visiters  of  said  institution,  upon  such  matt 
ters  as  they  may  direct  in  reference  to  the  general  state  o- 
the  Hospital,  and  condition  of  the  inmates  during  the  pref 
ceding  year,  ending  on  the  thirtieth  day  of  November; 
and  said  Board  of  Visiters  shall  communicate  said  report, 
with  such  further  information  as  they  may  deem  important^ 
to  the  City  Council  forthwith. 

Sect.  2.  That  so  much  of  the  4th  section  of  an  ordi- 
nance passed  October  3d,  1842,  as  is  inconsistent  with  this 
ordinance,  is  hereby  repealed.     \_Passed  Juneji,  1846.3 


An  Ordinance  for  the  regulation  of  Faneuil  Hall  Market. 

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

Sect.  1.  That  the  Mayor  and  Aldermen  shall  annually, 
in  the  month  of  June  or  July,  appoint  a  Clerk  of  Faneuil 
Hall  Market,  who  shall  be  removable  at  their  pleasure, 
and  shall  receive  such  compensation  for  his  services  as  the 
City  Council  shall  annually  direct. 

Sect.  2.  The  Clerk  of  Faneuil  Hall  Market  shall, 
whenever  authoi'ized  by  the  Mayor  and  Aldermen,  employ 


RECENT      ORDINANCES.  35 

one  or  more  Deputies,  who  sluiU  be  approved  by  the 
Mayor  and  Aldermen,  and  who  sliall  have  power  and  au- 
thority to  assist  the  Clerk  in  the  execution  of"  his  office, 
and,  on  any  occasion  when  said  Clerk  is  not  present,  to 
officiate  for  him  in  his  stead,  and  to  perform  his  duties ; 
but  no  Deputy  shall  remain  in  office  longer  than  during 
the  approbation  of  the  Mayor  and  Aldermen,  and  the  said 
Clerk  shall  be  responsible  for  the  conduct  of  each  of  his 
Deputies,  and  such  Deputies  shall  receive  such  compensa- 
tion for  their  services  as  the  City  Council  shall  annually 
direct. 

Sect.  3.  The  Clerk  of  Faneuil  Hall  Market,  and  his 
Deputies  shall,  under  the  control  of  the  Mayor  and  Alder- 
men, have  the  care  and  superintendence  of  said  Market; 
and  it  shall  be  their  duty  to  preserve  order  in  said  Market, 
and  to  execute  and  carry  into  effect  all  the  regulalions, 
orders  and  ordinances,  which  may  be  duly  made  and  estab- 
lished from  time  to  time  by  the  City  Council,  or  the  Mayor 
and  Aldermen,  for  the  due  regulation  of  the  same ;  and  it 
shall  be  their  duty  to  enter  and  prosecute  complaints  for 
any  violations  of  said  regulations,  orders  and  ordinances. 

Sect.  4.  The  limits  of  Faneuil  Hall  Market  shall  in- 
clude the  lower  floor,  porches  and  cellars  of  the  building 
called  Faneuil  Hall  Market,  and  the  streets  on  each  side 
thereof  called  North  Market  Street  and  South  Market 
Street,  and  that  part  of  Commercial  Street  which  is  be- 
tween Long  Wharf  and  Clinton  tStreet,  and  also  Merchants' 
Eow. 

Sect.  5.  The  said  Clerk  and  his  Deputies,  under  the 
direction  of  the  Mayor  and  Aldermen,  shall  have  the  con- 
trol of  all  carts,  wagons,  sleighs  and  other  vehicles  and  car- 
riages, within  the  limits  of  Faneuil  Hall  Market,  and  may 
assign  stands  within  the  limits  of  the  said  Market  for  the 
sale  of  provisions  and  other  articles  ;  and  no  person  shall  oc- 
cupy any  stand  other  than  such  as  may  be  assigned  him, 
or  keep  any  cart,  wagon,  sleigh,  or  other  vehicle  or  car- 
riage, horse,  or  other  beast,  within  the  limits  of  said  Mar- 
ket for  any  longer  space  of  time,  or  shall  range  or  locate 
them  in  any  other  manner  or  form,  than  such  as  may  be 


36 


RECENT      ORDINANCES 


directed  by  said  Clerk  or  either  of  his  Deputies ;  and  said 
Clerk  and  his  Deputies  shall  have  power  and  authority  to 
remove  from  place  to  place  within  the  limits,  (if  the  owner 
or  possessors  thereof  neglect  or  refuse  after  request  so  to 
remove  them,  or  if  the  owner  or  posse-sor  be  absent  there- 
from) all  such  carts,  wagons,  sleighs,  vehicles  and  carriages, 
with  their  contents  remaining  therein,  and  all  horses  and 
other  beasts,  as  shall  be  ranged  or  formed  in  any  other 
manner  than  as  directed  by  said  Clerk  or  either  of  his 
Deputies,  and  the  owner  or  person  having  charge  of  any 
box,  baiTel,  cask,  crate,  basket,  package,  tub  or  other  ves- 
sel, v/hether  empty  or  not,  incumbering  any  place  within 
the  limits  of  said  Market  House  used  as  passage  ways 
either  in  the  said  House,  or  the  passage  ways  to  and  from 
said  House  to  the  middle  of  the  streets,  or  on  the  side 
walks  beyond  three  feet  from  the  walls  of  said  House,  shall, 
when  directed  by  said  Clerk  or  either  of  his  Deputies,  re- 
move the  same  with  their  contents,  or  cause  the  same  with 
their  contents  to  be  removed  without  delay,  as  the  said 
Clerk  or  either  of  his  Deputies  may  direct ;  and  in  case  of 
neglect  or  refusal  so  to  do  by  such  owner  or  possessor,  or 
the  absence  of  them  for  more  than  an  hour's  time,  the 
owner  or  possessor  thereof,  besides  being  liable  for  the 
penalty  hereinafter  mentioned  for  violation  of  this  ordi- 
nance, shall  be  liable  to  pay  the  expense  of  such  removal 
by  the  Clerk  or  either  of  his  Deputies,  and  the  keeping  of 
the  same,  and  shall  not  be  entitled  to  redelivery  or  pos- 
session of  such  property  so  removed  by  the  Clerk  or  either 
of  his  Deputies,  until  the  expenses  of  such  removal  and 
keeping  are  paid ;  and  if  said  expenses  are  not  paid  within 
twenty-four  hours  after  such  removal,  so  much  of  said 
property  so  removed  may  be  sold  at  public  auction,  after 
being  advertised  for  twenty-four  hours,  as  may  be  neces- 
sary to  produce  the  amount  in-  money  of  said  expenses  of 
the  removal  and  keeping,  and  the  costs  and  charges  of  the 
sale  and  advertising  thereof;  and  the  residue  of  said  prop*- 
erty  shall  be  subject  to  the  disposal  of  the  owner  or  person 
having  charge  thereof. 

Sect.  6.     All  horses  and  other  beasts  shall  be  taken 


KECENT      ORDINANCES.  37 

from  the  carts,  wagons,  sleighs  and  other  vehicles  having 
provisions  or  articles  of  any  kind  for  sale  therein,  and 
which  shall  stand  within  the  limits  aforesaid;  and  the  same 
shall  be  conducted  to  a  stable,  or  otherwise  removed  from 
said  limits,  by  the  owner  or  driver  having  charge  of  the 
same ;  and  it  shall  be  lawful  for  the  said  Clerk  or  either  of 
his  Deputies,  whenever  he,  or  either  of  them,  shall  find  any 
cart,  wagon,  sleigh,  vehicle  or  other  carriage,  or  any  ox, 
horse  or  other  beast,  standing  or  being  within  the  said 
limits  in  a  manner  or  in  a  place  not  authorized  by  law  and 
by  the  ordinances  of  said  City,  and  not  permitted  by  the 
consent  and  direction  of  said  Clerk  or  either  of  his  Depu- 
ties, or  abandoned  and  left  unprotected  for  more  than  one 
hour's  time,  or  found  within  the  limits  of  the  Market  on 
any  part  of  the  Lord's  day  or  evening.,  to  cause  such  cart, 
wagon,  sleigh,  vehicle,  or  other  carriage  with  its  contents 
therein,  and  such  ox,  horse  or  other  beast,  to  be  conducted 
to  some  stable  or  other  suitable  place ;  and  the  owner  or 
person  having  the  care  or  keeping  thereof  shall  be  liable  to 
pay,  before  the  redelivery  thereof  to  him,  the  entire  cost 
and  expense  of  the  removal  and  keeping  thereof,  during 
the  time  it  shall  be  in  said  stable  or  other  suitable  place, 
together  with  such  further  sum  of  money  to  the  City,  not 
exceeding  Two  Dollars,  for  the  trouble  arising  in  that  be- 
half, as  the  said  Clerk  or  either  of  his  Deputies  shall  de- 
mand, the  same  to  be  paid  to,  and  accounted  for  by,  said 
Clerk  or  his  Deputies,  to  said  City. 

Sect.  7.  No  person  shall  at  any  time,  without  the  per- 
mission of  said  Clerk  or  either  of  his  Deputies,  occupy  any 
stand  within  the  limits  of  said  Market,  with  cart,  wagon, 
sleigh,  vehicle,  carriage,  bench,  box,  basket,  barrel,  cask, 
crate,  tub,  or  other  vessel  or  otherwise,  for  the  purpose  of 
vending  any  articles  within  the  limits  of  said  Market,  un- 
less he  shall,  before  selling  or  offering  for  sale  such  arti- 
cles, satisfy  the  Clerk  or  either  of  his  Deputies,  upon  the 
request  of  either  of  them  by  legal  proof,  or  his  own  certifi- 
cate in  writing,  that  all  the  said  articles,  enumerating  them, 
are  the  produce  of  his  own  farm,  or  of  some  farm  not  more 
distant  than  three  miles  from  his  own  dwelling  house ;  and 


38  RECENT      ORDINANCES. 

every  person  occupying  any  such  stand  in  any  of  the  above- 
mentioned  manners,  or  v/ith  any  of  said  carriages  or  ves- 
sels, contrary  to  the  provisions  of  this  Ordinance,  shall, 
when  directed  by  the  said  Clerk  or  either  of  his  Deputies, 
forthwith  remove  without  the  limits  of  said  Market,  and 
cause  his  cart,  or  other  carriage  and  all  his  boxes  and  other 
vessels,  with  their  contents  also,  to  be  removed  out  of  the 
limits  of  said  Market;  and  if  said  certificate  be  false,  the 
signer  thereof  shall  forfeit  and  pay  a  penalty  not  exceeding 
Twenty  Dollars,  and  also  the  said  Clerk  and  his  Deputies 
shall  have  power  and  authority  to  remove  the  same  in  the 
manner  provided  in  the  fifth  and  sixth  sections  of  this 
Ordinance,  or  either  of  them. 

Sect.  8.  When  any  person  occupying  any  stand  in  the 
streets  within  the  limits  of  said  Market  shall  employ  any 
agent  or  servant  to  sell  in  said  Market  any  articles  for 
him,  or  on  his  account,  such  servant  or  agent  shall  not  sell 
any  articles  upon  account  of  or  for  any  other  person  than 
the  person  so  employing  him,  nor  shall  any  person  occupy- 
ing a  stand  as  aforesaid,  or  his  servant  or  agent,  be  permit- 
ted to  purchase  any  provisions  or  other  articles  within  the 
limits  of  said  Market,  for  the  purpose  of  selling  the  same 
therein  again,  or  exposing  the  same  therein  for  sale,  or  per- 
mitting any  person  to  sell  the  same  for  him  therein ;  nor 
shall  he  be  permitted  to  sell  within  said  limits,  or  expose 
for  sale  therein,  any  jDrovisions  or  other  articles  for,  or  on 
account  of,  any  person  not  entitled  to  a  stand  therein  by 
the  terms  of  this  Ordinance. 

Sect.  9.  All  butter  brought  within  the  limits  of  said 
Market  for  sale,  shall  be  sold  by  weight,  and  if  it  is  in 
lumps,  each  lump  shall  contain  one  or  more  even  or  inte- 
gral pounds,  half  or  quarter  pound's  weight,  and  the  Clerk 
and  his  Deputies  shall  have  power  and  authority  to  take 
and  weigh  all  butter  in  lumps  so  exposed  for  sale  in  said 
Market,  and  if  found  deficient  in  weight  thereof,  to  destroy 
the  form  of  said  lumps. 

Sect.  10.  If  any  person  shall,  within  the  limits  of  said 
Market,  sell,  or  offer  to  sell  or  exhibit  for  sale,  any  article 
which  shall  be  deficient  in  the  weight  or  measure  for  which 


RECENT      ORDINANCES.  39 

he  sells  the  same  or  offers  or  exhibits  the  same  for  sale,  or 
shall  practice  any  fraudulent  dealing  within  said  limits,  and 
shall  be  convicted  thereof,  or  shall  be  convicted  of  any 
breach  of  this  Ordinance,  or  either  of  the  offences  enume- 
rated in  it,  he  shall  not  be  permitted  to  use  or  hire  a  stall, 
or  have  or  occupy  a  stand  within  the  limits  of  said  Market, 
either  as  principal,  servant  or  agent,  for  the  purpose  of 
selling  or  offering  for  sale  any  articles  in  said  Market,  for 
the  term  of  one  year  from  and  after  such  conviction,  unless 
specially  authorized  by  the  Mayor  and  Aldermen  so  to  do, 
after  such  conviction,  and  their  knowledge  of  the  same. 

Sect.  11.  The  several  stalls  in  said  Market  shall  he 
leased  to  the  respective  occupants  by  written  leases,  the 
conditions  of  which  shall  be  prescribed  by  the  Mayor  and 
Aldermen ;  and  the  rent  thereof,  together  with  the  rent  of 
the  cellars  under  said  stalls,  shall  be  paid  to  the  said  Clerk 
of  the  Market,  or  to  such  person  as  the  JNIayor  and  Aldei"- 
men  shall  appoint,  and  at  such  times  as  the  IMayor  and 
Aldermen  shall  determine ;  and  such  lessees  shall  not  un- 
derlet the  same,  or  any  part  of  said  stalls  or  cellars,  nor 
permit  the  same,  or  any  part  thereof,  to  be  occupied  by 
any  other  person  without  the  assent  of  the  Mayor  and 
Aldermen,  under  the  penalty  of  forfeiting  the  right  to  their 
respective  cellars,  stalls  and  leases. 

Sect.  12.  The  said  lessees  shall  not  throw,  or  permit 
to  be  thrown,  or  to  remain  within  the  precincts  of  their 
respective  stalls,  any  offal,  animal  substance,  scrapings,  or 
any  kind  of  dirt,  filth,  useless  or  offensive  matter,  but  shall 
forthwith  remove  the  same,  or  cause  the  same  to  be  depos- 
ited in  some  tight  vessel,  to  be  approved  of  by  the  said 
Clerk  or  either  of  his  Deputies,  and  to  be  removed  by  said 
lessee  as  the  said  Clerk  or  either  of  his  Deputies  shall 
direct. 

Sect.  13.  No  person  shall  throw  or  sweep  any  offal, 
animal  or  vegetable  substance,  scrapings  or  sw^eepings, 
damaged  salt  or  pickle,  or  foul  w^ater,  from  the  stalls  or 
cellars  into  the  passage  ways,  or  on  the  side  walks,  or  into 
the  streets  adjoining  said  Market  House,  at  any  time  during 
the  day  or  night.     Nor  shall  any  person  within  the  limits 


40  RECENT      ORDINANCES. 

"of  said  Market,  sell,  or  offer  to  sell  or  expose  for  sale,  or 
liave  in  his  possession,  any  meat,  fish,  bread,  vegetables, 
tallow,  skins,  pelts,  poultry  or  otlier  articles,  which  in  the 
opinion  of  said  Clerk  or  either  of  his  Deputies,  shall  be 
diseased,  corrupted,  tainted  or  unwholesome  ;  but  such  per- 
son shall,  when  directed  by  said  Clerk  or  either  of  his 
Deputies,  forthwith  remove  all  such  articles  from  said 
limits  to  such  suitable  place  as  the  said  Clerk  or  either  of 
his  Deputies  shall  order ;  and  if  such  person  shall  refuse 
or  neglect  to  comply  with  such  direction,  or  if  the  owner  or 
person  having  charge  of  such  articles  be  absent  for  more 
than  one  hour's  time,  the  said  Clerk  or  either  of  his  Depu- 
ties shall  forthwith  remove  the  same  or  cause  the  same  to 
be  removed  from  said  limits  to  such  suitable  place  as  afore- 
said, at  the  expense  of  such  person  ;  and  if  in  the  judgment 
of  said  Clerk  or  either  of  his  Deputies,  it  shall  be  necessary 
for  the  public  health,  it  shall  be  their  duty  to  destroy  the 
same,  and  if  any  person  shall  hinder,  obstruct  or  molest 
said  Clerk  or  any  of  his  Deputies  in  the  premises,  he  shall 
forfeit  and  pay  a  sum  not  exceeding  Twenty  Dollars  for 
■each  offence. 

Sect.  14.  When  the  lessee  of  any  stall  or  occupant  of 
any  cellar  in  said  Market  House,  shall  from  any  cause 
whatever  vacate  the  same,  or  shall  receive  notice  from  the 
Mayor  and  Aldermen  to  vacate  the  same,  or  shall  neglect 
or  refuse  to  pay  his  rent  for  the  space  of  twenty -four  hours, 
or  shall  neglect  or  refuse  to  comply  with  any  regulations 
established  for  the  good  order  and  cleanliness  of  the  said 
Market  House,  and  its  entries,  passage  ways,  side  walks 
and  the  streets  adjoining  said  House,  the  stall  or  stalls  and 
cellar  of  such  lessee  shall  thereupon  revert  to  the  City  and 
l)e  at  the  disposal  of  the  Mayor  and  Aldermen. 

Sect.  15.  No  person  shall,  within  the  walls  of  Faneuil 
Hall  Market  House,  or  on  the  side  walks  of  the  same,  nor 
within  the  aforesaid  limits  of  the  said  Market,  play  at  any 
game,  or  lie  down,  or  sleep,  or  behave  in  a  disorderly,  noisy 
or  riotous  manner ;  nor  shall  any  person  within  the  limits 
of  said  Market,  smoke,  or  have  in  his  possession,  any 
lighted  pipe  or  segar.    And  it  shall  be  the  duty  of  the  said 


RECENT      ORDINANCES.  41 

Clerk  and  his  Deputies  to  prevent  idle  and  disorderly  per- 
sons, itinerant  pedlers,  and  transient  persons  selling  news- 
papers, matches  or  other  articles,  or  making  outcries  or 
noises,  from  frequenting  or  tarrying  in  said  Market  House 
or  within  the  limits  of  said  Market,  and  to  cause  all  such 
persons  so  offending  to  be  removed  and  to  be  prosecuted. 

Sect.  1G.  No  horse  or  other  beast,  and  no  cart,  wagon, 
sleigh  or  other  vehicle,  shall  be  permitted  to  stand  within 
the  limits  of  said  Market  on  any  part  of  the  Lord's  Day 
or  evening,  nor  shall  any  person  continue  to  do  business 
within  the  limits  of  said  Market  on  any  week  day  after  the 
sunsetting  of  such  day  excepting  on  Saturdays,  and  on  the 
evenings  immediately  preceding  Thanksgiving  and  Christ- 
mas days,  nor  on  any  evening  after  the  closing  of  the  Mar- 
ket House ;  and  if  any  person  shall  place  or  leave  any 
wagon,  cart,  sleigh  or  other  vehicle,  box,  barrel,  crate,  cask 
or  other  vessel,  empty  or  otherwise,  within  the  limits  of 
said  Market  on  any  part  of  the  Lord's  day  or  evening,  or 
any  week  day  after  sunset,  excepting  on  Saturdays,  and  on 
the  evenings  immediately  preceding  Thanksgiving  and 
Christmas  days,  or  on  any  evening  after  the  closing  of  the 
Market  House,  he  shall  forfeit  a  penally  not  exceeding 
Twenty  Dollars ;  and  the  said  Clerk  or  either  of  his  Depu- 
ties may  cause  the  same  to  be  removed,  in  the  manner  pro- 
vided in  the  fifth  and  sixth  sections  of  this  Ordinance,  or 
either  of  them. 

Sect.  17.  Lessees  of  stalls  and  occupants  of  stands 
shall  not  incumber  the  main  passage  way  or  cross  passages 
within  the  said  Market  House,  nor  the  passage  ways  out- 
side of  said  House  in  front  of  the  door  ways  and  leading 
into  the  middle  of  the  streets,  nor  any  of  the  avenues  lead- 
ing to  and  from  the  said  Market,  with  any  casks,  barrels, 
^  meat,  or  other  articles  or  incumbrances. 

Sect.  18.  No  person,  unless  duly  authorized  by  the 
Mayor  and  Aldermen,  shall  stand  in  any  of  the  streets, 
lanes,  alleys,  squares,  or  public  places  of  said  City,  with 
any  cart,  wagon,  sleigh  or  other  vehicle,  horses  or  other 
beasts,  having  meat,  poultry,  vegetables  or  other  articles  of 
provision  for  sale  ;  nor  be  allowed  to  place  any  stall,  bench, 


43  RECENT      ORDINANCES. 

box,  basket,  barrel,  block  or  table  therein,  on  which  to  ex- 
hibit any  such  articles  for  sale. 

Sect.  19.  Every  person  offending  against  any  of  the 
provisions  of  this  Ordinance,  shall,  in  addition  to  the  penal- 
ties before  prescribed,  forfeit  and  pay  a  sum  not  less  than 
Two  Dollars,  nor  more  than  Twenty  Dollars,  to  be  recov- 
ered on  complaint  before  the  Police  Court  of  the  City  of 
Boston  ;  but  in  no  case  shall  all  the  penalties  for  one 
offence  exceed  the  sum  of  Twenty  Dollars. 

Sect.  20.  The  Ordinance  entitled  "An  Ordinance  for 
the  Regulation  of  Faneuil  Hall  Market,"  passed  on  the 
second  day  of  March,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  forty-three,  is  hereby  repealed ;  but  na 
Ordinance  or  by-law  which  was  repealed  by  the  passing  of 
the  same  shall  be  revived  by  the  repeal  thereof;  and  all 
officers  appointed  under  said  Ordinance  shall  continue  to 
hold  their  offices  until  others  are  appointed  in  their  stead ; 
and  the  repeal  of  said  Ordinance  shall  in  nowise  affect  or 
terminate  any  prosecution  now  pending  for  the  violation  of 
any  of  its  provisions.     [^Passed  October  26,  1846.J 


An   Ordinance    relating  to   the    Preservation   of  Eoston 
Harbor. 

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

There  shall  be  appointed  annually,  a  Joint  Standing , 
Committee  of  the  City  Council,  consisting  of  two  members 
of  the  Board  of  Mayor  and  Aldermen,  and  three  members 
of  the  Common  Council,  whose  duty  it  shall  be  to  suggest 
such  measures,  and  do  and  perform  such  acts,  as  may  by 
them  from  time  to  time  be  deemed  necessary  for  the  preser- 
vation of  Boston  Harbor,  and  the  security  of  the  rights  and 


RECENT      ORDINANCES.  43 

interests  of  the  City  therein ;  provitled  no  expense  shall  be 
incurred  exceeding  the  appropriation  previously  made  Ijy 
the  City  Council  for  these  purposes. 

[Passed  November  12,  1846.] 


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

Be  it  ordained  hy  the  Mayoi\  Aldermen,  and  Common 
Coancil  of  the  City  of  Boston,  in  City  Council  assemblect, 
as  follovjs  : 

Sect.  1.  There  shall  be  chosen  annually  in  the  month 
of  February  or  March,  and  whenever  a  vacancy  may  occur, 
by  concurrent  vote  of  the  two  branches  of  the  City  Coun- 
cil, a  Superintendent  of  Public  Lands.  He  shall  be  re- 
movable at  the  pleasure  of  the  City  Council,  and  shall 
receive  such  compensation  as  the  said  City  Council  shall 
from  time  to  time  fix  and  determine. 

Sect.  2.  The  said  Superintendent  shall  execute  and 
perform  all  the  duties  now  required  of  the  said  ofBcer  by 
the  Ordinance  to  which  this  is  in  addition,  passed  April  1(3, 
1834. 

Sect.  3.  There  shall  be  annually  chosen  in  the  month 
of  April  or  May,  and  whenever  a  vacancy  shall  occur,  by 
concuiTent  vote  of  the  two  branches  of  the  City  Council,  a 
Superintendent  of  Public  Buildings,  who  shall  execute  and 
perform  all  the  duties  prescribed  for  the  said  officer,  by  an 
Ordinance  entitled  "An  Ordinance  in  addition  to  an  Ordi- 
nance to  provide  for  the  care  and  management  of  the  Pub- 
lic Lands,"  passed  September  17,  1840. 

Sect.  4.  The  first  section  of  an  Ordinance  entitled 
"An  Ordinance  to  provide  for  the  care  and  management  of 
.the  Public  Lands,"  passed  April  10th,  1834,  and  the  first 


44  RECENT      ORDINANCES. 

section  of  an  Ordinance  in  addition  thereto,  passed  Septem- 
ber 17,  1840,  are  hereby  repealed. 

[_Fa$sed  December  24,  1846.] 


An  Ordinance  relating  to  Printing. 

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

Sect.  1.  That  there  be  appointed  annually,  in  the  month 
of  January,  a  Joint  Standing  Committee  of  the  City  Coun- 
cil, to  be  called  the  Committee  on  Printing,  consisting  of 
one  member  of  the  Board  of  Mayor  and  Aldermen,  and 
two  members  of  the  Common  Council,  whose  duty  it  shall 
be  to  contract  for  the  City  Printing,  to  see  that  the  work 
performed,  and  the  materials  provided,  are  in  conformity 
with  the  terms  of  the  contract ;  and  to  approve  all  bills  for 
Printing. 

Sect.  2.  That  the  Committee  on  Printing  be  directed 
to  advertise  for  sealed  proposals  for  executing  all  the  City 
Printing,  said  proposals  to  be  sent  to  the  City  Auditor  on 
or  before  the  first  day  of  February,  1847,  according  to  the 
following  scale,  viz : 

Composition,  on  all  Book  and  Pamphlet  work, 
Ordinances,  Reports,  &c.  &c.,  per  1,000  M's,  - 
(Rule  and  Figure  work,  and  tabular  work,  to 
be  charged  double  price  for  the  composition. 
All  work  on  Scrip  Type  to  be  measured  in 
Bourgeois.) 

Press  Work,  of  250  sheets,  (both  sides)  pep 
token,  --___-- 

(All  less  than  250  sheets  to  be  charged  one 
token,  all  above  pro  rata.)    , 


RECENT      ORDINANCES. 


45 


All  Blanks  on  Folio  Post  Paper,  for  1  quire,     - 
For  each  additional  quire  to  17,     - 
For  one  Ream,  and  all  over,  per  Ream, 

All  Blanks  on  Letter,  Pot,  or  Foolscap  Paper, 
For  one  quire,      ------ 

For  each  additional  quire  to  17,     - 

For  one  ream  and  all  over,  at         -         -         - 

All  Blanks  and  Billet  notices  on  half  a  sheet  of 
letter,  or  other  paper,  for  50  or  a  less  number,   - 

For  100, 

For  each  additional  100  copies,      -         -         - 

Hand  Bills,  (quarto  or  otherwise)  for  100  or  less,  - 
For  each  additional  100  to  900,      - 
For  1,000  copies  and  all  over,  at    -         -        ,- 

Voting  Lists,  three  to  each  Ward,  (37  forms)  the 
usual  number  of  copies  (24)  per  form,     - 

Cards,  of  all  sizes,  per  Pack,         -  -         - 

Notifications  for  Ward  and  Public  Meetings, 
For  one  thousand,  _         -         -         -         - 

For  each  additional  1,000,     -         -         -         - 
All  other  work  not  herein  enumerated,  at  proportional 

rates. 

The  paper  used  on  the  above  work  to  be  of  as  good 

quality  as  that  used  on  the  same  class  of  work  the  past 

year. 

Paper,  Binding,  and  Stationery  furnished,  to  be  paid  for 

at  the  market  price,  and  vouchers  to  be  produced  when 

required.     \_Passcd,  December  24,  1846-] 


RECENT    LAWS. 


An  Act  concerning  the  House  for  the  Reformation  and 
Employment  of  Juvenile  Offenders  in  tlie  City  of  Boston. 

Be  it  enacted  hy  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  hy  the  authority  of 
the  same,  as  follows : 

Sect.  1.  The  City  of  Boston  is  hereby  authorized  to 
establish,  in  any  building  or  buildings,  or  part  of  any  build- 
ing, used  by  said  City,  as  a  House  of  Industry,  or  for  any 
other  purpose,  a  separate  branch  or  branches  of  said  House 
of  Reformation  and  Employment  for  Females,  or  for  the 
separate  classification  of  such  females. 

Sect.  2.  The  Municipal  or  Police  Court  of  said  City, 
upon  the  complaint,  under  oath,  of  the  Mayor,  or  any  Alder- 
man thereof,  or  of  any  of  the  Directors  of  the  House  of 
Industry,  or  of  the  said  House  of  Reformation  and  Employ- 
ment, or  of  the  Overseers  of  the  Poor  of  said  City,  that 
any  child  or  children  live  an  idle  and  dissolute  life,  and  that 
their  parents  are  dead,  or,  if  living,  do,  from  vice,  or  any 
other  cause,  neglect  to  provide  suitable  employment  for,  or 
to  exercise  salutary  control  over,  such  child  or  children, 
shall  have  power,  upon  conviction  thereof,  to  sentence  such 
child,  or  children,  to  such  House  of  Reformation  and  Em- 
ployment, to  be  kept  and  governed  according  to  law. 

Sect.  3.  Nothing  herein  is  to  be  construed  to  take  away 
the  right  of  appeal,  in  the  cases  aforesaid,  from  the  Police 
Court  to  the  Municipal  Court  aforesaid. 

[^Approved  by  the  Governor,  March  21,  1843.] 


KECENTLAWS.  47 


An  Act  relating  to  the  Registry  and  Returns  of  Births, 
Marriages,  and  Deaths. 

■  Be  it  enacted  hy  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.  Tlie  Clerks  of  the  several  Cities  and  Towns 
in  this  Commonwealth  shall,  annually,  in  tlie  month  of  June, 
transmit  to  the  Secretary  of  the  Commonwealth  a  certified 
copy  of  their  record  of  births,  marriages  and  deaths,  which 
have  occurred  within  their  respective  Cities  and  Towns 
during  the  year  next  preceding  the  first  day  of  said  month. 

The  births  shall  be  numbered  and  recorded  in  the  order 
in  which  they  are  received  by  the  Clerk.  The  record  of 
births  shall  state  in  separate  columns  the  date  of  the  birth, 
the  place  of  birth,  the  name  of  the  child,  (if  it  have  any,) 
the  sex  of  the  child,  name  and  surname  of  one  or  both  of 
the  parents,  occupation  of  the  father,  residence  of  the 
parents,  and  the  time  when  the  record  was  made. 

The  marriages  shall  be  numbered  and  recorded  in  the 
order  in  which  they  are  received  by  the  Clerk.  The  record 
of  marriages  shall  state  in  separate  columns,  the  date  of  the 
marriage,  the  place  of  the  marriage,  the  name,  residence 
and  official  station  of  the  pei'son  by  whom  married,  the 
names  and  surnames  of  the  parlies,  the  residence  of  each, 
the  age  of  each,  the  condition  of  each,  (whether  single  or 
widowed,)  the  occupation,  names  of  the  parents,  and  the 
time  when  the  record  was  made. 

The  deaths  shall  be  numbered  and  recorded  in  the  order 
in  Avhich  they  are  received  by  the  Clerk.  The  record  of 
deaths  shall  state  in  separate  columns  the  date  of  the  death, 
the  name  and  surname  of  the  deceased,  the  sex,  condition, 
(whether  single  or  maiTied,)  age,  occupation,  place  of 
death,  plaee  of  birth,  names  of  the  parents,  disease  or 
causes  of  death,  and  the  time  when  the  record  was  made. 

Sect.  2.     The  School  Committee  of  each  City  or  Town 


48  RECENTLAWS. 

sliall,  annually,  in  tlie  month  of  May,  ascertain  from  actual 
inquiry  or  otherwise,  all  the  births  which  have  happened 
within  such  City  or  Town,  during  the  year  next  preceding 
the  first  day  of  said  May,  together  with  the  facts  concern- 
ing bii-ths  required  by  the  first  section  of  this  act,  and  shall 
make-  an  accurate  return  thereof  to  the  Clerk  of  such  City 
or  Town,  on  or  before  the  last  day  of  said  May ;  and  the 
said  School  Committee,  or  other  person  authorized  by  them 
to  make  such  returns,  shall  be  entitled  to.  receive  from  the 
Treasury  of  such  City  or  Town,  five  cents  for  each  and 
every  birth  so  returned. 

Skct.  3.  Every  justice,  minister  and  clerk,  or  keeper 
of  the  records  of  the  meeting  wherein  any  marriages  among 
the  Friends  or  Quakers  shall  be  solemnized,  shall  make  a 
record  of  each  marriage  solemnized  before  him,  together 
with  all  the  facts  relating  to  marriages  required  by  the  first 
section  of  this  act ;  and  each  such  justice,  minister,  clerk 
or  keeper,  shall,  between  the  first  and  tenth  days  of  each 
month,  xeturn  a  copy  of  the  record  for  the  month  next  pre- 
ceding, to  the  Clerk  of  the  City  or  Town  in  which  the  mar- 
riage was  solemnized ;  and  every  person  as  aforesaid,  who 
shall  neglect  to  make  the  returns  required  by  this  section, 
shall  be  liable  to  the  penalty  provided  in  the  eighteenth  sec- 
tion of  the  seventy -fifth  chapter  of  the  Revised  Statutes. 

Sect.  4.  Each  sexton,  or  other  person,  having  the 
charge  of  any  burial  gi'ound  in  this  Commonwealth,  shall, 
on  or  before  the  tenth  day  of  each  month,  make  returns  of 
all  the  facts  required  by  the  first  section  of  this  act,  con- 
nected with  the  death  of  any  person  whose  burial  he  may 
have  superintended  during  the  month  next  preceding,  to 
the  Clerk  of  the  City  or  Town  in  which  such  deceased  per- 
son resided  at  the  time  of  his  death.  And  such  sexton,  or 
other  person,  shall  be  entitled  to  receive  fi-om  the  Treasury 
of  the  City  or  Town  to  which  the  return  is  made,  five  cents 
for  the  return  of  each  death  made  agreeably  to  the  pro- 
visions of  this  act. 

Sect.  5.  The  Clerk  of  each  City  or  Town  shall  be  en- 
titled to  receive  from  the  Treasuzy  of  such  City  or  Town^ 


RECENT      LAWS.  49 

eight  cents  for  the  record  of  each  birth  and  death :  provided 
such  Clerk  shall  comply  with  this  act  in  all  respects. 

Sect.  6.  It  shall  be  the  duty  of  the  Clerks  of  the  sev- 
eral Cities  and  Towns,  to  make  such  distribution  of  blank 
forms  of  returns  as  shall  be  designated  by  the  Secretary  of 
the  Commonweahh. 

Sect.  7.  The  Secretary  of  the  Commonwealth  shall 
prepare  and  furnish  to  the  Clerks  of  the  several  Cities  and 
Towns  in  this  Commonwealth,  blank  books  of  suitable 
quality  and  size,  to  be  used  as  books  of  record,  according 
to  the  provisions  of  this  act,  and  also  blank  forms  of  returns, 
as  herein  before  specified,  and  shall  accompany  the  same 
with  such  instructions  and  explanations  as  may  be  neces- 
sary and  useful ;  and  he  shall  receive  said  returns,  and 
prepare  therefrom  such  tabular  results,  as  will  render  them 
of  practical  utility,  and  shall  make  report  thereof  annually 
to  the  Legislature,  and  generally  shall  do  whatever  may  be 
required  to  carry  into  effect  the  provisions  of  this  act. 

Sect.  8.  Any  Clerk  who  shall  neglect  to  comply  with 
the  requirements  of  this  act,  shall  be  liable  to  a  penalty  of 
ten  dollars,  to  be  recovered  for  the  use  of  any  City  or  Town 
where  such  neglect  shall  be  proved  to  have  existed. 

Sect.  9.  An  act  entitled  "An  Act  relating  to  the  Regis- 
try of  Births,  Marriages,  and  Deaths,"  passed  on  the  third 
day  of  March,  in  the  year  one  thousand,  eight  hundred  and 
forty-two,  is  hereby  repealed. 

Sect.  10.  This  act  shall  take  effect  from  and  after  its 
passage.     \_Approved  hy  the  Governor,  March  16, 1844.] 


An  Act  concerning  Alien  Passengers. 

Be  it  enacted  hy  the  Senate  and  House  of  Representa- 
tives, in  Genercd  Court  assembled,  and  hy  the  authority  of 
the  same,  as  follows : 

The  Treasurer  of  every  Town  and  City  in  this  Common- 

7 


50  RECENTLAWS. 

wealth,  shall  pay  into  the  Treasury  of  the  Commonwealth, 
the  sums  now  remaining  in  their  hands,  received  from  alien 
passengers  ;  and  said  Town  and  City  Treasurers  shall  annu- 
ally, hereafter,  in  the  month  of  31  ay,  pay  into  the  Treasury 
of  the  Commonwealth,  all  balances  remaining  in  their  hands, 
under  the  provisions  of  the  two  hundred  and  thirty-eighth 
chapter  of  the  statutes  of  the  year  one  thousand  eight  hun- 
dred and  thirty-seven. 

\_Approved  by  the  Governor,  February  26,  1845.]   ' 


An  Act  regulating  the  use  of  Steam  Engines  and  Furnaces. 

Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  asseynbled,  and  by  the  authority  of 
the  same,  as  follows : 

Sect.  1.  No  furnace  for  melting  of  iron,  or  stationary 
steam  engine,  designed  for  use  in  any  mill  for  the  planing 
or  sawing  of  boards,  or  turning  of  wood  in  any  form,  or 
when  any  other  fuel  than  coal  is  used  to  create  steam,  shall 
hereafter  be  erected,  or  put  up  to  be  used,  in  any  city  or 
town  in  this  Commonwealth,  unless  the  Mayor  and  Alder- 
men of  such  city,  or  Selectmen  of  such  town,  shall  have 
previously  granted  license  therefor,  designating  the  place 
where  the  building  or  buildings  shall  be  erected,  in  which 
such  steam  engine  or  furnace  shall  be  used,  the  materials 
and  construction  thereof,  and  such  other  provisions  and 
limitations,  as  to  the  height  of  flues,  and  protection  against 
fire,  as  they  shall  judge  necessary  for  the  safety  of  the 
neighborhood ;  such  license  to  be  granted  on  written  appli- 
cation, and  to  be  recorded  in  the  records  of  such  city  or 
town. 

Sect.  2.  Whenever  the  Mayor  and  Aldermen  of  any 
city,  or  the  Selectmen  of  any  town,  after  due  notice  in  writ- 
ing to  the  owner  of  any  such  steam  engine  or  furnace  here- 


RECENTLAWS.  51 

tofore  erected,  or  in  use,  and  a  licaring  of  the  mattci',  shall 
adjudge  the  same  to  be  dangerous,  or  a  nuisance  to  the 
neighborhood,  they  may  make  and  record  an  order^  pre- 
scribing such  rules,  restrictions  and  alterations,  as  to  the 
building  in  which  such  steam  engine  or  furnace  is  con- 
structed or  used,  the  construction  and  height  of  its  smoke 
flues,  or  other  provisions,  as  they  shall  deem  the  safety  of 
the  neighborhood  to  require ;  and  it  shall  be  the  duty  of 
the  city  or  town  clerk  to  deliver  a  copy  of  such  order  to  a 
constable,  who  shall  serve  such  owner  with  an  attested 
ccpy  thereof,  and  make  return  of  his  doings  thereon  to  said 
clerk,  within  three  days  from  the  delivery  thereof  to  him. 

Sect.  3.  Any  such  engine  or  furnace  hereafter  erected 
without  license,  made  and  recorded  as  aforesaid  in  section 
first,  shall  be  deemed  and  taken  to  be  a  common  nuisance, 
without  any  other  proof  thereof  than  proof  of  its  use  ;  and 
any  steam  engine  or  furnace  used  contrary  to  the  provis- 
ions of  section  second  of  this  act,  shall  be  taken  and  deemed 
to  be  a  common  nuisance. 

Sect.  4.  The  Mayor  and  Aldermen  of  any  city,  or 
Selectmen  of  any  town,  shall  have  the  same  power  and  au- 
thority to  abate  and  remove  any  such  steam  engine  or  fur- 
nace erected  or  used  contrary  to  the  provisions  of  this  act, 
as  are  given  to  the  Board  of  Health,  in  the  tenth  and 
eleventh  sections  of  the  twenty-first  chapter  of  the  Revised 
Statutes. 

Sect.  5,  Wlienever  application  shall  be  made  for  license 
as  aforesaid,  the  Mayor  and  Aldermen  of  any  city,  or  Select- 
men of  any  town,  shall  assign  a  time  and  place  for  the  con- 
sideration of  the  same,  and  shall  cause  public  notice  thereof 
to  be  given  at  least  fourteen  days  beforehand,  in  such  man- 
ner as  said  Mayor  and  Aldermen  or  Selectmen  may  direct, 
and  at  the  expense  of  the  applicant,  in  order  that  all  pei'- 
sons  interested  may  be  heard  before  the  granting  of  a 
license. 

Sect.  6,  Any  owner  of  a  steam  engine  or  furnace,  ag- 
grieved by  any  such  order,  as  provided  in  section  second 
of  this  act,  may  apply  to  the  Court  of  Common  Pleas,  if 
sittting  in  the  county,  in  which  such  engine  or  furnace  is 


63  RECENTLAWS. 

situated,  or  to  any  justice  thereof  in  vacation,  for  a  jury, 
and  such  court  or  justice  shall  issue  a  warrant  for  a  jury  to 
be  impannelled  by  the  sheriff,  in  the  same  manner  as  is 
provided  in  tlae  twenty-fourth  chapter  of  the  Revised  Stat- 
utes, in  regard  to  the  laying  out  of  highways ;  such  appli- 
cation shall  be  made  within  three  days  after  such  order  is 
served  upon  the  said  owner;  and  the  said  jury  shall  be 
impannelled  within  fourteen  days  from  the  issuing  of  said 
warrant. 

Sect.  7.  Upon  any  application  to  said  Court  of  Com- 
mon Pleas,  or  to  any  justice  thereof,  for  a  jury,  said  court 
or  justice,  on  granting  the  same,  may,  in  its  or  his  discre- 
tion, issue  an  injunction  restraining  the  farther  use  of  said 
engine  or  furnace,  until  the  final  determination  of  such  ap- 
plication by  the  jury  and  court  to  which  such  verdict  may 
be  returned. 

Sect.  8.  The  jury  shall  find  a  verdict  either  affirming 
or  annulling  the  said  order  in  full,  or  making  alterations 
therein,  as  they  may  see  fit ;  which  verdict  shall  be  returned 
to  the  next  term  of  the  said  court  by  the  sheriff  for  accept- 
ance, in  like  manner  as  in  the  case  of  highways,  and,  which 
verdict  being  accepted,  shall  be  binding  to  the  same  effect 
as  the  original  order  would  have  been  without  such  appeal. 

Sect.  9.  If  the  verdict  shall  affirm  such  order,  costs 
shall  be  recovered  by  the  city  or  town  against  such  appli- 
cant ;  if  the  verdict  shall  annul  such  order  in  whole,  dam- 
ages and  costs  shall  be  recovered  by  the  complainant  against 
such  city  or  town ;  and  in  case  the  verdict  shall  alter  such 
order  in  part,  the  court  may  render  such  judgment  as  to 
costs,  as  to  justice  shall  appertain. 

Sect.  10.  This  act  shall  not  be  in  force  in  any  town  or 
city,  unless  the  inhabitants  of  the  town,  or  the  City  Council 
of  the  city,  shall  adopt  the  same  at  a  legal  meeting  of  said 
inhabitants  or  City  Council  called  for  that  purpose. 

Sect.  11.  This  act  shall  take  effect  from  and  after  its 
passage. 

[^Approved  hy  the  Governor,  March  25,  1845.^] 


BECENTLAWS.  53 


An  Act  providing,  in   certain  cases,  for  the  Election  of 
City  Officers. 

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

Sect.  1.  Whenever  it  shall  appear,  by  the  regular  re- 
turns of  the  elections  of  the  City  otHcers,  in  any  City  in  this 
Commonwealth,  which,  by  a  vote  of  its  City  Councils,  shall 
adopt  this  act,  that  a  Mayor  has  not  been  chosen,  or  that  a 
full  Board  of  Aldermen  has  not  been  elected,  such  of  the 
Board  of  Aldermen,  whether  they  constitute  a  quorum  or 
not,  as  may  have  been  chosen,  shall  issue  their  warrant,  in 
usual  form,  for  the  election  of  a  Mayor,  or  such  nxembers  of 
the  Board  of  Aldermen  as  may  be  necessary,  and  the  same 
proceedings  shall  be  had  and  repeated,  until  the  election  of 
a  Mayor  and  Aldermen  shall  be  completed,  and  all  vacancies 
be  filled  in  the  said  Board;  and  in  case  neither  a  Mayor 
nor  any  Aldermen  shall  be  elected  at  the  usual  time  for 
electing  the  same,  and  after  the  powers  of  the  former  Mayor, 
and  Mayor  and  Aldermen,  shall  have  ceased,  it  shall  be  the 
duty  of  the  President  of  the  Common  Council,  to  issue  his 
warrant,  in  the  same  manner  as  the  Board  of  Aldermen 
would  have  done,  if  elected,  and  the  same  proceedings  shall 
be  had  and  repeated,  until  a  Mayor,  or  one  or  more  Alder- 
men, shall  be  elected. 

Sect.  2.  Whenever  it  shall  appear  to  the  Mayor  and 
Aldermen,  that  there  is  a  vacancy  in  either  the  Board  of 
Aldermen,  or  in  the  Common  Council,  or  in  any  of  the  City 
or  Ward  offices,  it  shall  be  the  duty  of  the  Mayor  and 
Aldermen  to  issue  their  Avarrant  for  elections,  in  due  form, 
to  fill  all  such  vacancies  in  each  and  all  of  the  said  Boards 
and  offices,  at  such  time  and  place  as  in  their  judgment  may 
be  deemed  advisable. 

Sect.  3.  It  shall  be  the  duty  of  all  Ward  officers,  au- 
thorized to  preside  and  act  at  such  elections,  to  attend  and 


54  RECENTLAWS, 

perfoi'm  their  respective  duties,  at  the  times  and  places  ap- 
pointed for  elections  of  any  officers,  whether  of  the  United 
States,  State,  City,  or  Wards,  and  to  make  and  sign  the 
regular  returns  of  the  same ;  and  in  case  of  the  absence  of 
any  or  either  of  the  Ward  officers,  at  any  meeting  for  elec- 
tions, or  other  purposes,  such  office  may  be  filled,  pro  tem- 
pore, by  the  legal  voters  present,  which  may  be  done  by 
nomination  and  hand  votes,  if  the  voters  present  so  deter- 
mine. 

Sect.  4.  In  case  of  the  non-election  of  a  Mayor,  the 
Chairman  of  the  Board  of  Aldermen  shall  discharge  all  the 
duties  incumbent  on  the  Mayor  of  the  City,  prescribed  by 
the  City  Charter,  or  any  other  law,  or  any  ordinance  of  any 
City  adopting  this  act,  which  now  or  hereafter  may  be  re- 
quired of  him,  until  a  Mayor  shall  be  chosen  and  duly 
sworn  to  the  discharge  of  his  duties ;  and  such  Chairman, 
with  the  Board  of  Aldermen,  shall  discharge  all  the  duties 
incumbent  on  the  Mayor  and  Aldermen. 

Sect.  5.  All  City  officers,  after  their  election,  shall  be 
held  to  discharge  the  duties  to  which  they  have  been 
elected,  being  residents  of  the  Ward  at  the  time  of  their 
election,  notwithstanding  their  removal  afterwards  out  of 
their  Ward  into  any  other  Ward  of  the  City. 

'[Approved  by  the  Governor,  March  25,  1845.] 


All  Act   concerning   Streets   and  Ways   in  the    City  of 
Boston. 

£e  it  enacted  ly  the  Senate  'and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 

Sect.  1.  When  any  street  or  way,  which  now  is,  or 
hereafter  shall  be  opened  in  the  City  of  Boston,  over  any 
private  land,  by  the  owners  thereof,  and  dedicated  to,  or 


RECENTLAWS.  65 

permitted  to  be  used  by  the  public,  before  such  street  shall 
have  been  accepted  and  laid  out  according  to  law,  it  shall 
be  the  duty  of  the  owners  of  tlie  lots  abutting  thereon,  to 
grade  such  street  or  way  at  their  own  expense,  in  such 
manner  as  tlie  safety  and  convenience  of  the  public  shall, 
in  the  opinion  of  the  Mayor  and  Aldermen  of  said  City,  re- 
quire ;  and  if  the  owners  of  such  abutting  lots  shall,  after 
reasonable  notice  given  by  the  said  Mayor  and  Aldermen, 
neglect  or  refuse  to  grade  such  street  or  way  in  manner 
aforesaid,  it  shall  be  lawful  for  the  said  Mayor  and  Alder- 
men to  cause  the  same  to  be  graded  as  aforesaid,  and  the 
expense  thereof  shall,  after  due  notice  to  the  parties  inter- 
ested, be  equitably  assessed  upon  the  owners  of  such  abut- 
ting lots,  by  the  said  Mayor  and  Aldermen,  in  such  propor- 
tions as  they  shall  judge  reasonable  ;  and  all  assessments  so 
made  shall  be  a  lien  upon  such  abutting  lands,  in  like  man- 
ner as  taxes  are  now  a  lien  upon  real  estate :  provided, 
always,  that  nothing  contained  in  this  act  shall  be  construed 
to  atfect  any  agreements  heretofore  made  respecting  any 
such  streets  or  ways  as  aforesaid,  between  such  owners  and 
said  City :  provided,  also,  that  any  such  grading  of  any 
street  or  way  by  the  Mayor  and  Aldermen  as  aforesaid, 
shall  not  be  construed  to  be  an  acceptance  of  such  street  or 
way  by  the  City  of  Boston. 

Sect.  2.  Is'o  street  or  way  shall  hereafter  be  opened  as 
aforesaid  in  said  City,  of  a  less  width  than  thirty  feet,  ex- 
cept with  the  consent  of  said  Mayor  and  Aldermen,  in 
writing,  first  had  and  obtained  for  that  purpose. 

Sect.  S.     This  act  shall  take  effect  in  thirty  days  from 
the  passing  thereof,  unless  the  City  Council  of  said  City 
shall,  within  that  time,  vote  not  to  accept  the  same. 
^Apj)rQved  hy  the  Governor,  March  26,  1845.] 


56  RECENTLAWS 


All  Act  to  provide  for  the  Government  and  Management 
of  Houses  of  Correction,  in  certain  cases. 

Be  it  enacted  hy  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assemhledj  and  by  the  authority  of 
the  same,  as  follows : 

Sect.  1.  Whenever  any  House  of  Correction  shall  be 
united  in  one  and  the  same  building  or  establishment  with 
the  Jail  in  any  county,  except  Suffolk,  the  Sherif  of  such 
county  shall  have  the  custody,  rule  and  charge  of  the  same, 
and  of  all  prisoners  therein,  and  shall  keep  the  same  him- 
self, or  by  his  Deputy  or  Jailer,  for  whom  he  shall  be  respon- 
sible ;  and  the  powers  and  duties  of  such  keeper  shall  be 
the  same  as  those  of  a  master  of  a  House  of  Correction  by 
law  now  are. 

Sect.  2.  The  county  commissioners  in  such  county, 
shall  have  the  same  authority  to  appoint  overseers  of  Houses 
of  Correction,  so  situated,  as  by  law  they  now  have ;  and 
the  powers  and  duties  of  said  overseers  shall  be  the  same 
as  by  law  they  now  are :  provided,  that  they  shall  make  no 
contracts  for  the  labor  of  prisoners,  to  be  performed  without 
the  yards  of  said  house,  or  whereby  the  safe-keeping  of  any 
prisoner  may  be  endangered,  unless  the  Sheriff  consent  to 
the  same. 

Sect.  3.  The  said  commissioners,  in  such  county  or 
counties,  shall,  in  the  months  of  May  and  November,  in 
each  year,  make  an  allowance  to  the  said  keeper,  of  a  rea- 
sonable sum,  for  his  services,  and  for  the  support  of  the 
prisoners  under  his  charge,  and  other  necessary  expenses ; 
and  in  case  the  said  commissioners  shall  neglect  or  refuse 
to  make  such  allowance,  or  the  said  keeper  shall  be  dissat- 
isfied with  the  amount  thereof,  he  may  present  his  petition, 
showing  the  facts,  to  the  Court  of  Common  Pleas  next  to 
be  holden  in  and  for  said  county,  who  shall  cause  notice 
thereof  to  be  given  the  chairman  of  said  commissioners,  and 
after  hearing  the  matter  of  said  petition,  may  determine  the 


RECENTLAWS.  67 

amount  of  such  allowance,  and  pass  such  further  order  in 
the  premises  as  law  and  justice  may  require. 

Sect.  4.     All  acts  or  parts  of  acts  inconsistent  wiili  the 
provisions  of  this  act,  are  hereby  repealed. 

[^Approved  hy  the  Governor,  February  4,  1846.] 


An  Act  concerning  the  City  of  Boston. 

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

Sect.  1.  All  and  singular  the  acts  and  doings  of  the 
Board  of  Aldermen  of  the  City  of  Boston,  or  of  the  Chair- 
man thereof,  during  the  year  one  thousand  eight  hundred 
and  forty-five,  and  one  thousand  eight  hundred  and  forty- 
six,  purporting  to  have  been  official  acts  and  doings  on  be- 
half of  said  City,  in  the  absence  of  the  Mayor  thereof,  and 
which  might  have  been  legally  done  and  performed  by  said 
Mayor  alone,  or  by  said  Mayor  and  Aldermen  together, 
whether  in  relation  to  any  deeds,  leases,  agreements,  inden- 
tures or  assurances,  drafts  on  the  City  Treasury,  or  any 
other  matter  or  thing  within  the  official  powers  and  duties 
of  the  said  Mayor  alone,  or  said  Mayor  and  Aldermen  to- 
gether ;  and  whether  by  concurrent  vote  with  the  Common 
Council  or  otherwise,  shall  be  deemed  to  have,  and  shall 
have  the  same  force  and  effect,  to  all  intents  and  purposes, 
as  if  said  acts  and  doings  had  been  done  and  performed  by 
said  Mayor  alone,  or  by  said  Mayor  and  Aldermen  to- 
gether. 

Sect.  2.  This  act  shall  take  effect  from  and  after  its 
passage.    [Approved  by  the  Governor,  February  1 9, 1846.] 


58  RECENTLAWS. 


An  Act  relating  to  the  erection  of  Furnaces  for  the  making 
of  Glass. 

Be  it  enacted  hj  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  hy  the  authority  of 
the  same,  as  follows : 

Sect.  1.  No  furnace  for  tlie  making  of  glass  shall  be 
hereafter  erected  or  put  up  for  use  in  any  City  or  Town  in 
this  Commonwealth,  unless  a  license  therefor  shall  be  first 
granted  in  the  manner  provided  in  the  first  section  of  the 
one  hundred  and  ninety-seventh  chapter  of  the  acts  of  the 
Legislature,  passed  in  the  year  one  thousand  eight  hundred 
and  forty-five,  and  such  license  shall  be  applied  for,  granted 
and  recorded  in  the  manner  provided  in  said  act. 

Sect.  2.  Any  such  furnace  hereafter  erected,  without 
such  license,  shall  be  deemed  and  taken  to  be  a  common 
nuisance,  without  any  other  proof  than  proof  of  its  use, 
and  may  be  abated  and  removed  in  the  manner  provided  in 
said  act. 

Sect.  3.  This  act  shall  not  be  in  force  in  any  Town  or 
City,  unless  the  same  shall  be  adopted  in  the  manner  pro- 
vided in  the  tenth  section  of  the  act  aforesaid. 

Sect.  4.  This  act  shall  be  in  force  from  and  after  its 
passage.     \_Approved  hy  the  Governor,  March  12,  1846.] 


An  Act  for  supplymg  the  City -of  Boston  with  Pure  Water. 

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

Sect.  1.  The  City  of  Boston  is  hereby  authorized,  by 
and  through  the  agency  of  three  commissioners,  to  be  ap- 


R  E  C  E  N  T      L  A  VV  S  ,  OV 

pointed  in  the  manner  hereinafter  provided,  to  take,  hold 
and  convey  to,  into  and  through  the  said  City,  the  water  of 
Long  Pond,  so  called,  in  the  Towns  of  Natick,  Wayland 
and  Framingham,  and  the  waters  which  may  flow  into  and 
from  the  same,  and  any  other  ponds  and  streams  within  the 
distance  of  four  miles  from  said  Long  Pond,  and  any  Avater 
rights  connected  therewith ;  and  may  also  take  and  hold,  by 
purchase  or  otherwise,  any  lands  or  real  estate  necessary 
for  laying  and  maintaining  aqueducts  for  conducting,  dis- 
charging, disposing  of,  and  distributing  water,  and  for  form- 
ing reservoirs ;  and  may  also  take  and  hold  any  land  on 
and  around  the  margin  of  said  Long  Pond,  not  exceeding 
five  rods  in  width,  measuring  from  the  verge  of  said  pond, 
when  the  same  shall  be  raised  to  the  level  of  eight  feet 
above  the  floor  of  the  flume  at  the  outlet  thereof,  and  on 
and  around  the  said  other  ponds  and  streams,  so  f;xr  as 
may  be  necessary  for  the  preservation  and  purity  of  the 
same,  for  the  purpose  of  furnishing  a  supply  of  pure  water 
for  the  said  City  of  Boston.  The  City  of  Boston  shall, 
within  sixty  days  from  the  time  they  shall  take  any  lands 
or  ponds  or  streams  of  water  for  the  purposes  of  tliis  act, 
file,  in  the  office  of  the  Registry  of  Deeds,  for  the  county 
where  they  are  situate,  a  description  of  the  lands,  ponds  or 
streams  of  water  so  taken,  as  certain  as  is  required  in  a 
common  conveyance  of  lands,  and  a  statement  of  the  pur- 
pose for  which  taken,  which  said  description  and  statement 
shall  be  signed  by  the  said  Mayor. 

Sect.  2.  The  said  City  may,  by  and  through  the  same 
agency,  make  and  build  one  or  more  permanent  aqueducts, 
from  any  of  the  aforesaid  water  sources,  to,  into  and  through 
the  said  City,  and  secure  and  maintain  the  same  by  any 
works  suitable  therefor ;  may  connect  the  said  water  sources 
with  each  other  ;  may  erect  and  maintain  dams  to  raise  and 
retain  the  waters  therein ;  may  make  and  maintain  reservoirs 
within  and  without  the  said  City ;  may  make  and  establish 
such  public  hydrants,  in  such  places  as  may,  from  time  to 
time,  be  deemed  proper,  and  prescribe  the  purposes  for 
which  they  may  be  used,  and  may  change  or  discontinue 
the  same ;  may  distribute  the  water  throughout  the  City, 


60  RECENTLAWS. 

and  for  this  purpose  may  lay  down  pipes  to  any  house  or 
building  in  said  City,  the  owner  or  owners  thereof  having 
notice  and  not  objecting  thereto ;  may  regulate  the  use  of 
the  said  water  within  and  without  the  said  City,  and  estab- 
lish the  prices  or  rents  to  be  paid  therefor.  And  the  said 
City  may,  for  the  purposes  aforesaid,  carry  and  conduct  any 
aqueducts,  or  other  works,  by  them  to  be  made  and  con- 
structed, over  or  under  any  water-course,  or  any  street, 
turnpike-road,  rail-road,  highway,  or  other  way,  in  such 
manner  as  not  to  obstruct  or  impede  travel  thereon ;  and 
may  enter  upon  and  dig  up  any  such  road,  street  or  way, 
for  the  purpose  of  laying  down  pipes  beneath  the  surface 
thereof,  and  for  maintaining  and  repairing  the  same ;  and, 
in  general,  may  do  any  other  acts  and  things  necessary,  or 
convenient  and  proper,  for  the  purposes  of  this  act. 

Sect.  3.  Three  commissioners  shall  be  appointed  by 
the  City  Council,  who  shall,  during  their  continuance  in 
office,  execute  and  perform,  and  superintend  and  dii'ect,  the 
execution  and  performance  of  all  the  works,  matters  and 
things  mentioned  in  the  preceding  sections  Avhich  are  not 
otherwise  specially  provided  for  in  this  act ;  they  shall  be 
subject  to  such  ordinances,  rules  and  regulations,  in  the  exe- 
cution of  their  said  trust,  as  the  City  Council  may,  from 
time  to  time,  ordain  and  establish,  not  inconsistent  with  the 
provisions  of  this  act  and  the  laws  of  this  Commonwealth ; 
they  shall  respectively  hold  their  said  offices  for  the  term 
of  three  years  next  after  their  said  appointment,  unless  the 
aqueducts  and  works  aforesaid  shall  be  sooner  completed ; 
but  they,  or  either  of  them,  after  having  had  an  opportunity 
to  be  heard  in  his  or  their  defence,  may  be  removed  at  any 
time,  by  a  concurrent  vote  of  two  thirds  of  each  branch  of 
the  City  Council ;  and  in  case  of  a  vacancy  in  the  board  of 
commissioners,  by  death,  resignation  or  removal,  such  va- 
cancy shall  be  filled  by  the  appointment  of  another  commis- 
sioner, in  manner  aforesaid,  who  shall  hold  his  said  office 
for  the  residue  of  the  said  term  of  three  years,  with  all  the 
powers  and  subject  to  all  the  restrictions  aforesaid.  A  ma- 
jor j)art  of  said  commissioners  shall  be  a  quorum  for  the 
exercise  of  the  powers  and  the  performance  of  the  duties  of 


RECENT      L  A-W  S  .  61 

the  said  office ;  they  shall,  once  in  every  six  months,  and 
whenevex'  required  by  the  City  Council,  make  and  present 
in  writing,  a  particular  report  and  statement  of  all  their 
acts  and  proceedings,  and  of  the  condition  and  progress  of 
the  works  aforesaid. 

Sect.  4.  Before  the  appointment  of  the  commissioners 
aforesaid,  the  City  Council  shall  establish  and  fix  the  sala- 
ries, or  compensation,  to  be  paid  to  the  commissioners  for 
their  services  ;  and  the  said  salaries  of  the  said  commission- 
ers, so  established  and  fixed  as  aforesaid,  shall  not  be  re- 
duced during  their  continuance,  respectively,  in  said  office. 

Sect.  5.  Whenever  the  said  office  of  commissioners 
shall  cease,  either  by  the  expiration  of  the  said  term  of  three 
years  from  the  original  appointment,  or  by  the  completion 
of  the  aqueducts  and  works  mentioned  in  the  preceding  sec- 
tions of  this  act,  all  the  rights,  powers  and  authority,  given 
to  the  City  of  Boston  by  this  act,  shall  be  exercised  by  the 
said  City,  subject  to  all  the  duties  liabilities  and  restrictions 
herein  contained,  in  such  manner,  and  by  such  agents,  offi- 
cers and  servants,  as  the  City  Council  shall,  from  time  to 
time,  ordain,  appoint,  and  direct. 

Sect.  6.  The  said  City  of  Boston  shall  be  liable  to  pay 
all  damages  that  shall  be  sustained  by  any  persons  in  their 
property,  by  the  taking  of  any  land,  water,  or  water  rights, 
or  by  the  constructing  of  any  aqueducts,  reservoirs,  or  other 
works,  for  the  purposes  of  this  act.  And  if  the  owner  of 
any  land,  water,  or  water  rights,  which  shall  be  taken  as 
aforesaid,  or  other  person  who  shall  sustain  damage  as 
aforesaid,  shall  not  agree  upon  the  damages  to  be  paid 
therefor,  he  may  apply,  by  petition,  for  the  assessment  of 
his  damages,  at  any  time  within  three  yeai'S  from  the  taking 
of  the  said  land,  water  or  water  rights,  as  aforesaid,  and  not 
afterwards,  to  the  Court  of  Common  Pleas,  in  the  county 
in  which  the  same  are  situate ;  such  petition  may  be  filed 
in  the  clerk's  office  of  said  court,  in  vacation  or  in  term 
time,  and  the  clerk  shall  thereupon  issue  a  summons  to  the 
City  of  Boston,  returnable,  if  issued  in  vacation,  to  the  then 
next  term  of  the  said  court,  and  if  in  term  time,  returnable 


63  RECENTLAWS, 

on  sucli  day  as  the  said  court  shall  order,  to  appear  and  an- 
swer to  the  said  petition ;  the  said  summons  shall  be  served 
fourteen  days,  at  least,  before  the  return  day  thereof,  by 
leaving  a  copy  thereof,  and  of  the  said  petition,  certified  by 
the  officer  who  shall  serve  the  same,  with  the  Mayor  or 
Clerk  of  the  said  City ;  and  the  said  court  may,  upon  de- 
fault or  hearing  of  the  said  City,  appoint  three  judicious 
and  disinterested  freeholders  of  this  Commonwealth,  who 
shall,  after  reasonable  notice  to  the  parties,  assess  the  dam- 
ages, if  any,  which  such  petitioner  may  have  sustained  as 
aforesaid,  and  the  award  of  the  said  freeholders,  or  of  the 
major  part  of  them,  being  returned  into  and  accepted  by 
the  said  court,  shall  be  final,  and  judgment  shall  be  ren- 
dered and  execution  issued  thereon  for  the  prevailing  party, 
with  costs,  unless  one  of  the  said  parties  shall  claim  a  trial 
by  jury,  as  hereinafter  provided. 

Sect.  7.  If  either  of  the  parties  mentioned  in  the  pre- 
ceding section,  shall  be  dissatisfied  with  the  amount  of  dam- 
ages awarded  as  therein  expressed,  such  party  may,  at  the 
term  at  which  such  award  was  accepted,  or  the  next  term 
thereafter,  claim,  in  writing,  a  trial  in  said  court,  and  have 
a  jury  to  hear  and  determine,  at  the  bar  of  said  court,  all 
questions  of  fact  relating  to  such  damages,  and  to  assess  the 
amount  thereof;  and  the  verdict  of  such  jury  being  ac- 
cepted and  I'ecorded  by  the  said  court,  shall  be  final  and 
conclusive,  and  judgment  shall  be  rendered  and  execution 
issued  thereon ;  and  cost  shall  be  recovered  by  the  said 
parties  respectively,  in  the  same  manner  as  is  provided  by 
law,  in  regai'd  to  proceedings  relating  to  the  laying  out  of 
highways. 

Sect.  8.  No  application  shall  be  made  to  the  court,  for 
the  assessment  of  damages  for  the  taking  of  any  water 
rights,  until  the  water  shall  be  actually  withdrawn  or  di- 
verted by  the  said  City  vmder  the  authority  of  this  act ;  and 
any  person  or  corporation,  whose  water  rights  may  be  thus 
taken  and  affected,  may  make  his  application  aforesaid,  at 
any  time  within  three  years  from  the  time  when  the  waters 
shall  be  first  actually  withdrawn  or  diverted  as  aforesaid. 


RECENTLAWS.  63 

Sect.  9.  For  the  purpose  of  defraying  all  the  costs  and 
expenses  of  such  lands,  estates,  waters  and  water  rights,  as 
shall  be  taken,  purchased  or  held,  for  the  purposes  men- 
tioned in  this  act,  and  of  constructing  all  aqueducts  and 
works  necessary  and  proper,  for  the  accomplishment  of  the 
said  purposes,  and  all  expenses  incident  thereto,  the  City 
Council  shall  have  authority  to  issue,  from  time  to  time, 
notes,  scrip,  or  certificates  of  debt,  to  be  denominated,  on 
the  face  thereof,  "  Boston  Water  Scrip"  to  an  amount 
not  exceeding  in  the  whole,  the  sum  of  three  millions  of 
dollars,  bearing  interest  at  a  rate  not  exceeding  the  legal 
rate  of  mterest  in  this  Commonwealth ;  and  said  interest 
shall  be  payable  semi-annually,  and  the  principal  shall  be 
payable  at  periods  not  more  than  forty  years  from  the  issu- 
ing of  the  said  scrip,  notes,  or  certificates  respectively. 
And  the  said  City  Council  may  sell  the  same,  or  any  part 
thereof,  from  time  to  time,  at  public  or  private  sale,  or 
pledge  the  same  for  money  borrowed  for  the  purposes  afore- 
said, on  such  terms  and  conditions  as  the  said  City  Council 
shall  judge  proper. 

Sect.  10.  In  addition  to  the  sum  of  three  millions  of 
dollars  mentioned  in  the  preceding  section,  the  said  City 
Council  may,  whenever  and  so  far  as  may  be  necessary, 
issue  and  dispose  of  notes,  scrip,  or  certificates  of  debt,  in 
the  manner  prescribed  in  the  preceding  section,  to  meet  all 
payments  of  interest  which  may  accrue  upon  any  scrip  by 
them  issued ;  p'^ovided,  however,  that  no  scrip  shall  be 
issued  for  the  payment  of  interest  as  aforesaid,  after  the 
expiration  of  two  years  from  the  completion  of  said  aque- 
ducts and  other  works ;  but  payment  of  all  interest  that 
shall  accrue  after  that  time,  shall  be  made  from  the  net  in- 
come, rents,  and  receipts  for  the  use  of  the  water,  if  they 
shall  be  sufficient  for  that  purpose ;  and  if  not,  then  the 
payment  of  the  deficiency  shall  be  otherwise  provided  for 
by  the  City  Council.  All  notes,  scrip,  and  certificates  of 
debt  to  be  issued  as  aforesaid,  shall  be  signed  by  the  Treas- 
urer and  Auditor,  and  countersigned  by  the  Mayor  of  the 
said  City,  and  a  record  of  all  such  notes,  scrip,  and  certifi- 


64  RECENTLAWS. 

cates  shall  be  made  and  kept  by  the  said  Treasurer  and 
Auditor  respectively. 

Sect.  11.  The  City  Council  shall,  from  time  to  time, 
regulate  the  price  or  rents  for  the  use  of  the  water,  with  a 
view  to  the  payment,  from  the  net  income,  rents  and  re- 
ceipts therefor,  not  only  of  the  semi-annual  interest,  but 
ultimately  of  the  principal  also  of  the  "  Boston  "Water 
Scrip,"  so  far  as  the  same  may  be  practicable  and  reasona- 
ble. And  the  said  net  surplus  income,  rents  and  receipts, 
after  deducting  all  expenses  and  charges  of  distribution, 
shall  be  set  apart  as  a  sinking  fund,  and  shall  be  appro- 
priated for  and  towards  the  payment  of  the  principal  and 
interest  of  the  said  scrip  ;  and  shall,  under  the  management, 
control,  and  direction  of  the  Mayor,  Treasurer,  and  Auditor 
of  the  City,  or  the  major  part  of  them  for  the  time  being, 
Avho  shall  be  Trustees  of  the  said  fund,  be  applied  solely  to 
the  use  and  purpose  aforesaid,  until  the  said  scrip  shall  be 
fully  paid  and  discharged.  And  the  said  Trustees  shall, 
whenever  thereto  required  by  the  City  Council,  render  a 
just,  true,  and  full  account  to  the  said  City  Council,  of  all 
their  receipts,  payments,  and  doings  under  the  provisions  of 
this  section. 

Sect.  12.  At  any  time  after  the  expiration  of  two 
years,  from  the  completion  of  the  works  mentioned  in  the 
second  section  of  tliis  act,  and  before  the  reimbursement  of 
the  principal  of  the  "  Boston  Water  Scrip"  herein  before 
mentioned,  if  the  surplus  income  and  receipts  for  the  use  of 
the  water  distributed  under  the  provisions  of  this  act,  at  the 
price  estabUshed  by  the  City  Council,  after  deducting  all 
expenses  and  charges  of  distribution,  shall,  for  any  two  suc- 
cessive years,  be  insufficient  to  pay  the  accruing  interest  on 
the  said  scrip,  then  the  Supreme  Judicial  Court,  on  the  pe- 
tition of  one  hundred  or  more  of  the  legal  voters  of  the  said 
City,  praying  that  the  said  price  may  be  raised  and  in- 
creased so  far  as  may  be  necessary  for  the  purpose  of  pay- 
ing, from  the  said  surplus  income  and  receipts,  the  said 
accruing  interest,  and  upon  due  notice  of  the  pendency  of 
such  petition  given  to  the  said  City  in  such  manner  as  the 


RECENTLAWS.  66 

said  court  shall  order,  may  appoint  three  commissioners, 
who,  upon  due  notice  to  the  parties  interested,  may  raise 
and  increase  the  said  price,  if  they  shall  judge  proper,  so 
far  as  may  be  necessary,  in  their  judgment,  for  the  purpose 
aforesaid,  and  no  farther.  And  the  award  of  said  commis- 
sioners, or  the  major  part  of  them,  being  returned  to  the 
said  coui't,  at  the  then  next  tenn  thereof  for  the  county  of 
Suffolk,  and  accepted  by  the  said  court,  shall  be  binding 
and  conclusive,  for  the  term  of  three  years  next  after  the 
said  acceptance,  and  until  the  pi'ice  so  fixed  by  the  commis- 
sioners shall,  after  the  expiration  of  said  term,  be  changed 
or  altered  by  the  City  Council. 

Sect.  13,  If  the  surplus  income  and  receipts  for  the 
use  of  the  water,  distributed  under  the  provisions  of  this 
act,  at  the  price  established  by  the  City  Council,  after  de- 
ducting all  expenses  and  charges  of  distribution,  shall,  for 
any  two  successive  years,  be  more  than  sufficient  to  pay 
the  accruing  interest  on  the  "  Boston  Water  Scrip"  herein 
before  mentioned,  then  the  Supreme  Judicial  Court,  on  the 
petition  of  one  hundred  or  more  of  the  legal  voters  of  the 
said  City,  who  may  deem  the  said  price  unreasonably  high, 
and  pray  for  a  reduction  thereof;  and  upon  due  notice  of 
the  pendency  of  said  petition  given  to  the  said  City  in  such 
manner  as  the  said  court  shall  order,  may  appoint  three 
commissioners,  who,  upon  due  notice  to  the  parties  inter- 
ested, may,  if  they  shall  judge  proper,  reduce  the  price  es- 
tablished by  the  City  Council ;  provided,  that  such  reduc- 
tion shall  not  be  so  gi-eat  that  the  surplus  income  and 
receipts  aforesaid,  will,  in  the  judgment  of  the  said  commis- 
sioners, be  thereafter  insufficient  for  the  payment  of  the 
said  accruing  interest.  And  the  award  of  the  said  commis- 
sioners, or  the  major  part  of  them,  being  returned  and 
accepted  as  mentioned  in  the  preceding  section,  shall  be 
binding  and  conclusive,  in  the  same  manner,  and  to  tlie 
same  extent,  as  therein  provided  in  regard  to  awards  made 
pursuant  to  the  provisions  of  that  section. 

And  the  said  court  may,  at  their  discretion,  order  the 
costs  on  such  petitions  as  are  mentioned  in  this  and  the 


66  RECENTLAWS. 

preceding  section,  and  of  the  proceedings  thereon,  or  any 
part  thereof,  to  be  paid  by  either  of  the  said  parties,  and 
may  enter  judgment  and  issue  execution  therefor  accord- 
ingly. 

Sect.  14.  The  occupant  of  any  tenement  shall  be  lia- 
ble for  the  payment  of  the  price  or  rent  for  the  use  of  the 
water  in  such  tenement;  and  the  owner  thereof  shall  be 
also  liable,  if,  on  being  notified  of  such  use,  he  does  not 
object  thereto  ;  and  if  any  person  or  persons  shall  use  any 
of  the  said  water,  either  within  or  without  the  City,  without 
the  consent  of  the  City,  an  action  of  trespass  on  the  case 
may  be  maintained  against  him  or  them,  by  the  said  City, 
for  the  recovery  of  damages  therefor :  provided,  however, 
that  this  act  shall  not  be  so  construed  as  to  prevent  the 
inhabitants  of  Natick,  Framingham,  Sherburne,  and  Way- 
land,  from  using  so  much  of  the  water  hereby  granted  as 
shall  be  necessaiy  for  extinguishing  fires  and  for  all  ordi- 
nary household  purposes,  under  such  regulations  of  the  said 
City  Council  as  may  be  essential  for  the  preservation  of  the 
purity  of  the  same. 

Sect.  15.  If  any  person  or  persons  shall  wantonly  or 
maliciously  divert  the  water,  or  any  part  thereof,  of  any 
of  the  ponds,  streams,  or  water  sources,  which  shall  be 
taken  by  the  City  pursuant  to  the  provisions  of  this  act,  or 
shall  corrupt  the  same  or  render  it  impure,  or  destroy  or 
injure  any  dam,  aqueduct,  pipe,  conduit,  hydrant,  machinery 
or  other  property,  held,  owned  or  used  by  the  said  City,  by 
the  authority  and  for  the  purposes  of  this  act ;  every  such 
person  or  persons  shall  forfeit  and  pay,  to  the  said  City, 
three  times  the  amount  of  the  damages  that  shall  be  assessed 
therefor,  to  be  recovered  by  any  proper  action.  And  every 
such  person  or  persons  may,  nioreover,  on  indictment  and 
conviction  of  either  of  the  wanton  and  malicious  acts  afore- 
said, be  punished  by  fine,  not  exceeding  one  thousand  dol- 
lars, and  imprisonment  not  exceeding  one  year. 

Sect.  16.  The  said  City  of  Boston  is  hereby  authorized 
to  purchase  and  hold  all  the  property,  estates,  rights  and 
privileges  of  the  Aqueduct  Corporation,  incorporated  by  an 


RECENTLAWS.  67 

act  passed  February  27th,  in  the  year  one  thousand  seven 
hundred  and  ninety-five,  and  by  any  convenient  mode  may 
connect  the  same  with  their  other  works. 

Sect.  17.  The  Mayor  and  Aldermen  of  the  City  of 
Boston  shall  notify  and  warn  the  legal  voters  of  the  said 
City,  to  meet  in  their  respective  wards,  on  such  day  as  the 
said  Mayor  and  Aldermen  shall  direct,  not  exceeding  thirty 
days  from  and  after  the  passing  of  this  act,  for  the  purpose 
of  giving  their  written  votes  upon  the  question,  whether  they 
will  accept  the  same ;  and  if  a  majority  of  the  votes  so 
given  upon  the  question  afoi'esaid,  shall  be  in  the  negative, 
this  act  shall  be  null  and  void. 

Sect.  18.  This  act  shall  take  effect  from  and  after  its 
passage.     [^Approved  by  the  Governor,  March  30,  1846.] 


An  Act  concerning  the  Dedication  of  Public  Ways,  and  for 
other  purposes. 

Se  it  enacted  hy  the  Senate  and  House  of  Representa- 
ttives,  in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 

Sect.  1.  No  way  heretofore  opened  and  dedicated  t<5 
the  public  use  and  not  already  become  a  public  way,  and 
no  way  hereafter  opened  and  dedicated  to  the  public  use, 
shall  become  chargeable  upon  any  City  or  Town,  unless 
such  ways  shall  be  laid  out  and  established  by  such  City  or 
Town,  in  the  manner  prescribed  by  the  statutes  of  this 
Commonwealth. 

■  Sect.  2.  It  shall  be  the  duty  of  the  Mayor  and  Alder- 
men of  each  City,  and  of  the  Selectmen  of  each  Town  in 
this  Commonwealth,  and  they  are  hereby  authorized  and 
requix'ed,  whenever,  and  so  long  as  the  public  safety  may 
demand  it,  to  direct  and  cause  the  entrances  of  all  the  ways 


68^  RECENTLAWS. 

aforesaid,  entering  on  and  uniting  with  any  existing  public 
way,  to  be  closed  up,  or,  by  other  sufficient  means,  to  cau- 
tion the  public  against  entering  upon  such  ways. 

Sect.  3.  In  case  any  City  or  Town  shall  not  close  up 
the  entrances  to  the  ways  aforesaid,  or  give  other  sufficient 
notice  that  the  same  are  dangerous,  such  City  or  Town  so 
neglecting,  shall  be  liable  for  any  damages  arising  from  any 
defects  therein,  in  the  same  manner  as  if  such  ways  were 
dulyjaid  out  and  estabhshed. 

^Approved  by  the  Governor,  April  9,  1846.] 


GOVERNMENT 

OF     THE 

CITY  OF  BOSTON, 

18  4.7. 

MAYOR, 

JOSIAH  QUINCY,  Jr.,  5  Park  Street. 

[Salary  $2,500.     Charter,  §  12.] 


ALDERM 

THOMAS  WETMORE,  . 
WILLIAM  PARKER,  .  . 
JOHN  HATHAWAY,  .  . 
FREDERICK  GOULD,  . 
THOMAS  JONES,  .... 
GEORGE  E.  HEAD,  .  . 
JOHN  H.  WILKINS,  .  . 
BILLINGS  BRIGGS,  .  .  . 


EN, 

5  Bussey  place, 
62  Boylston  street. 
23  Poplar  street. 
Prince,  cor.  Hanover  st. 
50  Bowdoin  street. 
114  Tremont  street. 
52  Bowdoin  street. 
9  Myrtle  court. 


COMMON    COUNCIL, 

GEORGE  S.  HILLARD,  President. 
Ward  No.  1. 
John  P.  Ober,  22  Charter  street, 

Samuel  P.  Oliver,  96  Salem  street, 

Samuel  C.  Nottage,  122  Salem  street, 

Noah  Lincoln,  jr.,  30  North  Bennet  street. 


70 


John  Turner, 
Noah  Harrod, 
George  Carlisle, 
William  Wildes, 

James  Whiting, 
James  Boynton, 
George  W.  Felt, 
Edwin  C.  Bailey, 


Ward  No.  2. 

10  Short  Prince  street, 
4  New  Prince  St., 
2  Lathrop  place, 

24  Ann  street. 

Ward  No.  3. 

6  Hawkins  street, 
39  Portland  street, 

6  Salem  street, 
30  Nashua  street. 


Ward  No.  4. 

Samuel  W.  Hall,  Webster  st.,  E.  Boston, 

W.  W.  Greenough,  56  Temple  street, 

Darwin  E.  Jewett,  17  Howard  street, 

W.  B.  Spooner,  6  Bowdoin  square. 

Ward  No.  5. 


Benjamin  Seaver, 
Eliphalet  Jones, 
W.  D.  Coolidge, 
George  W.  Abbot, 


52  Chambers  street, 

4  McLean  street, 
52  Allen  street, 
64  Poplar  street. 


Ward  No.  6. 


George  S.  Hillard, 
Thomas  Haviland, 
Charles  Henry  Parker, 
Richard  B.  Carter, 


54  Pinckney  street, 
63  Chestnut  street, 

55  Mount  Vernon  street, 
70  Chestnut  street. 


Ward  No.  7. 


Gideon  F,  Thayer, 
T.  R.  Marvin, 
W.  G.  Brooks, 
-Samuel  E.  Guild, 


12  Essex  street, 
7  Hayward  place, 
3  Rowe  street, 

24  Beacon  street. 


n 

Ward  No.  8. 
Samuel  Topliff,  32  Washington  square, 

George  Whittemore,  27  Washington  square, 

W.  A.  Harrington,  1  Purchase  place, 

Francis  Gardner,  4  Gridley  street. 

Ward  No.  9. 
Walter  Bryent,  1  Bussey  place, 

Henry  Waldo  Gushing,       28  High  street, 
WiUiam  Blake,  6  Winthrop  place, 

Tisdale  Drake,  42  Sea  street. 

Ward  No.  10. 
Henry  W.  Dutton,  524  Washington  street, 

George  R.  Sampson,  563  Washington  street, 

Ezra  Lincohi,  jr.,  502  Washington  street, 

Samuel  Wales,  jr.,  28  Albany  street. 

Ward  No.  11. 
John  Green,  jr.,  659  Washington  street, 

Edward  S.  Erving,  79  Pleasant  street, 

Stephen  Tucker,  807  Washington  street, 

George  W.  Frothingham,    14  Florence  street. 

Ward  No.  12. 
William  Eaton,  B  street,  near  Silver, 

Jabez  Coney,  Broadway, 

S.  S.  Perkins,  Broadway,  cor. Dorchester, 

Alvan  Simonds,  Broadway,  cor.  Turnpike. 

CITY      CLERK 

SAMUEL  F.  McCLEARY,  21  Pitts  street. 

Salary  $1,500,  and  for  Assistant  Cieri<s,  $600.     [Cliosen  by  City 

Council,  on  tlie  first  Monday  in  January.     Charter,  §  10.] 

CLKRK  OF  COMMON  COUNCIL, 

WASHINGTON  P.  GRKGG,  2  Lyman  place. 

Salary  $800.     [Chosen  on  the  first  Monday  in  January.     Ciiarter, 

§  11-] 

MESSENGER, 

JOHNSON  COLBY,  1  Prospect  street. 
Salary  $800,     [Charter,  §  13  ] 


7% 


JOINT  STANDING  COMMITTEES. 


ON    THE    REDUCTION    OF    THE    CITY    DEBT. 
[Ord.  p.  295.] 
The  Mayor,  President  of  the  Common  Council,  and  the  Chairman 
of  the  Committee   on   Finance   on    the   part   of  the    Common 


Council. 


Mdermen. 
Thomas  Wetmore, 
John  Hathaway. 


The  Mayor. 


ON    ACCOUNTS. 

[Ord.  p.  29.] 


ON  FINANCE. 

[Ord.  p.  295.] 


Common  Council. 
Edward  S.  Erving, 
James  Whiting, 
Henry  W.  Dutton. 


Com.mon  Council. 
Benjamin  Seaver, 
George  Whittemore, 
Samuel  W.  Hair, 
James  Boynton, 
Samuel  Topliff, 
William  Blake.. 


ON    PUBLIC    LANDS. 
[Ord.  p.  298.     Mun.  Keg.  p  28.] 


The  Mayor. 

Mdermaft. 
George  E.  Head. 


Common  Council. 
John  P.  Ober, 
Walter  Bryent, 
Stephen  Tucker. 


Mdermen. 
Billings  Briggs, 
Thomas  Jones, 
John  H.  Wilkins. 


ON    PUBLIC    BUILDINGS. 

[Sap.  Ord.  p.  55.J 


Common  Council. 
John  Green,  jr. 
John  Turner, 
Thomas  Haviland, 
Samuel  C.  Nottage, 
S.  S.  Perkins. 


The  Mayor,  ex  officio. 
Aldermen. 
John  Hathaway, 
Frederick  Gould; 


ON    PUBL-IC    INSTRUCTION. 

Common  Council. 
George  S.  Hillard,  ex  officioy 
Gideon  F.  Thayer, 
Alvan  Simonds, 
Samuel  E.  Guild, 
W.  D.  Coolidge. 


73 


ON    JAIL,    HOUSES    OK    CORRECTION    AND    REFORMATION. 


The  Mayor. 

Mderment 
Thomas  Wetmore, 
Thomas  Jones. 


Aldermen. 
John  Hathaw.-iy, 
Billings  Briggs, 
John  H.  Wilkins. 


ON    FUEL. 

[Ord.  Wun.  Keg.  ] 


Commnn  Council. 
Charles  Henry  Parker, 
William  Eaton, 
W.  B.  Spooner, 
W.  G.  Brooks, 
W.  A.  Harrington. 

19.1 
Common  Council. 
Noah  Harrod, 
Stephen  Tucker, 
Noah  Lincoln,  jr., 
Tisdale  Drake, 
Jabez  Coney. 


TREASURY    DEPARTMENT. 


Aldermen. 
William  Parker, 
George  E.  Head. 


Common  Council. 
Samuel  Wales,  jr., 
Edward  S.  Erving, 
Edwin  C.  Bailey. 


The  Mayor. 

Aldermen. 
William  Parker, 
George  E.  Head. 


Common  Council. 
James  Whiting, 
Samuel  W.  Hall, 
Henry  W.  Button, 
Jabez  Coney, 
W.  W.  Greenough. 


ON    THE    ASSESSORS      DEPARTMENT. 


Aldermen. 
John  H.  Wilkins, 
Frederick  Gould. 


Aldermen. 
George  E.  Head, 
Thomas  Jones. 


Alderman. 
John  H.  Wilkins. 

10 


[Ord.  Mun.  Reg.  p.  27.] 

I  Common  Council. 

I  Eliphalet  Jones, 

I  Francis  Gardner, 

Tisdale  Drake. 

ON    BOSTON    HARBOR. 

[Ord.  Mun.  Reg.  p.  42.] 

i  Common  Council. 

George  R.  Sampson, 
I  Ezra  Lincoln,  jr., 

Samuel  Toplift'. 

ON    PRINTING. 

[Ord.  Mun.  Keg.  p.  44.] 

Common  CmniciL 
T.  R.  Marvin, 
Richard  B.  Carter. 


74 
STANDING  COMMITTEES 

OF    THE 

MAYOR   AND    ALDERMEN 


ON    THE    POLICE    OF    THE    CITY. 

The  Mayor. 

ON    EXTERNAL    HEALTH    DEPARTMENT. 

Aldermen  Jones,  Head  and  Gould. 

ON    INTERNAL    HEALTH    DEPARTMENT. 

Aldermen  Parker,  Hathaway  and  Jones. 

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

The  Mayor,  Aldermen  Head  and  Gould. 

ON    LAYING    OUT    AND    WIDENING    STREETS. 

Aldermen  Parker,  Gould  and  Wetmore. 

ON    PAVING    AND    REPAIRS    OF    STREETS. 

Aldermen  Head,  Gould  and  Briggs. 

ON    LICENSES. 

Aldermen  Parker,  Head  and  Wilkins. 

ON    ORDINANCES. 

Aldermen  Head,  Wilkins  and  Gould. 

ON    COMMON    SEWERS    AND    DRAINS. 

Aldermen  Wetmore,  Jones  and  Briggs. 

ON    THE    FIRE    DEPARTMENT    AND    RESERVOIRS. 

The  Mayor,  Aldermen  Hathaway  and  Wilkins. 

ON    THE    MARKET. 

Aldermen  Hathaway,  Wilkins  and  Jones. 

ON  BURIAL  GROUNDS  AND  CEMETERIES. 

Aldermen  Gould,  Jones  and  Wilkins. 

ON    LABIPS,    BELLS    AND    CLOCKS. 

Aldermen  Gould,  Jones  and  Wilkins. 


76 


ON    THE    BRIDGES. 

Mdermen  Jones  and  Briggs.  • 

ON    COUNTV    ACCOUNTS. 

Mdermen  Wetmore  and  Hathaway. 

ON    STEAM    ENGTNES. 

The  Mayor,  Mdermen  Parker  and  Briggs. 


STANDING  COMMITTEES 


COMMON    COUNCIL 


ON    ELECTIONS    AND    RETURNS 

(Jeorge  W.  Frotliingham, 
Samuel  E.  Guild, 
William  Wildes, 


Darwin  E.  Jewett, 
George  W.  Abbot. 


ON    E.\ROLLED    ORDINATJCES. 


Samuel  P.  Oliver, 
Henry  W.  Gushing, 
George  Carlisle, 


George  W.  Felt, 
Noah  Lincoln,  jr. 


TREASURY  DEPARTMENT. 

James  C.  Dunn,  C«f?/  and  Comity  Treasurer  and  Collector — Salary 
$2,000  ;  and  $2,700  for  Assistant  Clerks.  [Chosen  by  the  City 
Council  in  Convention,  in  May.     City  Charter,  §  18.] 

Wiliard  (/lough,     ^  Deputy  Collectors.    Salary  $170  each  and  fees. 
James  Pierce,  >  Appointed  by  Treasurer.     Statutes,  Chap.  15, 

Thomas  Sewards,  j  §  60.     Ordinance,  p.  275. 

Elisha  Copeland,  jr..  City  Auditor — Salary  $1,500.  [Chosen  by 
concurrent  vote  of  the  City  Council  in  May.  City  Ordinances, 
p.  29.] 

Assessors,  Samuel  Norwood,  George  Jackson,  Henry  Sargent.  Sal- 
ary, $1,200  ;  and  $400  for  Assistant  Clerks. 


re 


Assistant  Assessors,  residing  in  different  Wards. 


Ward  7 — Ezra  C.  Hutchins, 
Minor  S.  Lincoln. 
8 — Thomas  J.  Shelton, 

( Ine  vacancy. 
9 — Bela  Hunting, 
One  vacancy. 
10— Samuel  Millard, 

Francis  C.  Whiston. 
11 — Henry  R.  Andrews, 

Nathan  Brown. 
12 — Adam  Bent, 
Isaac  Adams. 


Ward  1 — Benjamin  Dodd, 
Samuel  Prince. 
2— Timothy  C.  Kendall, 

Ephraim  Milton. 
3 — Osmyn  Brewster, 

James  Fernald. 
4 — William  Denton, 
Thomas  French. 
5 — Philip  Greely,jr., 

Nathaniel  Hammond. 
6 — Nathaniel  Curtis,  jr. 
One  vacancy. 

Samuel  Norwood,  Secretary. 
[The  Assessors  and  Assistant  Assessors  are  chos'en  by  concurrent 
vote  of  City  Council,  in  March  or  April.  Sup.  City  Ordinance, 
p.  68.] 
The  Judge  of  Probate  and  the  Justices  of  the  Police  Court,  consti- 
tute the  Board  of  Accounts  for  the  County.  [Revised  Statutes, 
p.  164.     Act  1843,  chap   7.] 

William  Knapp,  Secretary  to  the  Board.     Salary  $150. 


CITY  SOLICITOR. 

Peleg  W.  Chandler,  City  Solicitor.     Salary  $2,500.     [Chosen  by 
concurrent  vote  in  June,     City  Ord.  p.  38,  and  Mun.  Reg.  p.  32.] 


POLICE  DEPARTMENT. 

The  duties  o?  Judge  of  the  Municipal  Court  of  the  City  of  Boston, 
are  performed  by  the  Justices  of  the  Court  of  Common  Pleas,  or 
some  one  of  them.     [Act  1843,  chap.  7.] 

Samuel  D.  Parker,  Attorney. 
Thomas  W.  Phillips,  Clerk. 
Henry  Homer,  Crier  and  Messenger. 
Joseph  Eveleth,  Sheriff. 
Jabez  Pratt,  "] 

Watson  Freeman,  | 

Silas  P.  Tarbell,  }  Deputies. 

Daniel  J.  Coburn,  I 

Erastus  Rugg,  of  Chelsea,  J 
Coroners,  Jabez  Pratt,  William  Andrews,  Charles  Smith. 


77 

John  Gray  Rogers,  ^  j^^gH^^g  ^j^/jg  pgn^.^^  Q^^^^f  a„^  ^y-^/^g  justices' 

James  C  JMerriU,    >  /-•       ,      a  i         ai  -/in       ri-\  j         uo  ^ 

,,,,.,.  '    i  Court,     balary  *l,oUO.     fOrd.  p.  88.1 

Abel  Lushing,  )  j  ii    »  l  i  j 

Thomas  Power,  Clerk.     Salary  |1,400.     fOrd.  p.  89] 

William  Knapp,  .Assistant  Clerk.     Salary  $9.00.     [Ord.  p.  90.] 

Jonas  Stratton,  Messenger.     Salary  $32  per  month. 

Francis  Tukey,  City  Marshal.     Salary  .f  1,100. 
[Appointed  by  the  Mayor  and  Aldermen  in  May  or  June.     City 
Ordinances,  p.  226.] 

I  a^G'Vb  '     ^"^  '   (  Deputy  City  Marshals.     Salary  $700. 

[Nominated  by  the  Marshal,  and  approved  by  the  Mayor  and  Al- 
dermen.    City  Ordinances,  p.  226.] 


APPOINTED    BY    THE    MAYOR    AND    ALDERMEN. 

Police  Officers — on  duty  daily. 
Jotham  B.  Munroe,  Superintendent  of  Coaches^  Cabs,  8^0. 
James  Arnold,  Superintend ent  of  Trucks,  Wagons,  i^c. 

Samuel  G.  Adams,  John  Bordman,  Joshua  Dunbar,  Samuel  B. 
Fuller,  Alexander  Hopkins,  Jacob  Hook,  Rufus  Leighton,  James 
£.  Spear,  Simeon  Pendleton,  James  W.  Pierce,  Charles  B.  Rice, 
Lysander  Ripley,  Elijah  K.  Spoor,  Ebenezer  Shute,  jr.,  Archibald 
£.  Towle. 

On  duty  on  Sundays. —  Alvah  Cloutman,  Samuel  Dillaway,  Harry 
C.  Henry,  Atwell  Richardson,  C.  B.  Starkweather,  Thomas  Dol- 
liver. 

Police  Officers  who  have  Warrants,  hut  icho  are  not  on  duty. — 
William  Allen,  Stephen  Burrows,  Samuel  Belding,  William  P. 
Bascom,  John  liowden,  Edward  Barnicoat,  Samuel  Bowden,  Mo- 
ses Binney,  Constant  T.  Benson,  John  VV.  Baxter,  Martin  T. 
Champney,  Moses  VV.  Clark,  Simpson  Clark,  John  Crocker,  Sain- 
uel  A.  Cushing,  Ephraim  Cummings,  Silas  Carleton,  John  (?urran, 
James  H.  Dixon,  Samuel  Dudley,  Daniel  L.  Glidden,  William 
Griffith,  George  Hardy,  Lyman  B.  Hanaford,  Thomson  K.  Homer, 
Joseph  F.  Hall,  George  Johnson,  Woodbury  Jenness,  Ezekiel 
Kemp,  Bowen  G.  Mansfield,  John  J.  Miller,  Daniel  Pepper,  Henry 
Preble,  Ebenezer  Poole,  Alexis  Poole,  George  F.  Poole,  Joseph 
Puffer,  La'nson  B.  Patterson,  Paschal  Paine,  Edward  G.  Richard- 
son, Theodore  Stanwood.  Nathaniel  F.  Stevens,  Ira  E.  Sanborn, 
Merrick  R.  Stevens,  H.B.  Skinner,  Elijah  K.  Spoor,  James  J. 
Tucker,  Robert  Taylor,  William  S.  Tyler,  William  A.  Vaughn, 
Homer  L.  Whiting,  Joel  Wait. 


78 

Constables. — Francis  M.  Adaras,  Joseph  W.  Andrews,  William 
P.  Baker,  Josiali  Baldwin,  Derastus  Clapp,  Willard  Clough,  Na- 
thaniel Cooledge,  Isaac  A.  Cooledge,  George  J.  Cooledge,  Lucien 
B.  Drury,  William  Easlerbrook,  Elisha  V.  Glover,  Richard  Hosea, 
John  Henry,  James  Hunkins,  Isaac  B.  Kimball,  William  Coring, 
William  Munroe,  David  Patterson,  James  Pierce,  Thomas  P.  Ryder, 
Erastus  W  Sanborn,  Kbenezer  Shute,  Thomas  Sewards,  Thomas 
M  Smith,  Charles  Smith,  Ebene/er  Trescott,  Heniy  Taylor,  Jona- 
than Whipple,  William  Whitwell,  William  J.  Whiting,  Samuel  S. 
Vialle,  Joniis  Stratton,  Jacob  U.  Tallant,  Jonathan  Prescott,  George 
J.  Dexier,  I'^dwin  Rice,  John  C.  Harrington,  John  T.  Lawion, 
Joseph  W.  Leighton. 

James  Barry,  Captain  of  the  City  Watch.  Salary  $400.  [Appoint- 
ed by  the  Mayor  and  Aldermen.     City  Ordinances,  p.  282.] 

The  JVight  Police,  a  Watch  Department,  consists  of  seven  divis- 
ions, viz  :  The  East,  West,  North,  South — above  Orange 
street  and  Boylston,  from  Summer  street  to  Orange  street,  and 
South  Boston  and  East  Boston. 

There  are  14  Constables  of  the  Watch,  at  $1,00  per  night. 
152  Watchmen,  at  90  cents  per  night. 

Nathaniel  Coolidge,  Deputy  Jailor. 

The  Judge  of  Probate,  and  the  Justices  of  the  Police  Court,  are 
the  Inspectors  of  Prisons.  [Revised  Statutes,  p.  784.  Act 
lti43,  chap.  7  ] 

William  Knapp,  Secretary  to  the  Inspectors. 

City  Printer. — -Jrthn  H.  Eastburn.  Work  done  by  contract. 
[Mun.  Reg.  1847,  p.  44.] 

Jfcwspapers  in  which  the  City  Ordinances,  .Advertisements,  &/-c.,  are 
published -^l);u\y  Advertiser,  (."ourier.  Atlas,  Post — morning  pa- 
pers.    Daily  Evening  Transcript,  Boston  Journal,  Daily  Evening 
%  Traveller — evening    papers.      [Elected    by   joint   order    of  the 
City  Council.     Compensation  $150  each  per  annum.] 


HEALTH  DEPARTMENT. 

Jerome  V.  C.  Smith,  Port  Physician.  Salary  $1,400.  [Chosen 
by  the  concurrent  vote  of  the  City  Council,  in  May  or  June. 
Sup.  Ordinances,  p   34.] 

Jonathan  Bruce,  Keeper  of  Rainsford  Island  and  Captain  of  the 
Quarantine  Boat.  Salary  $300  per  annum,  exclusive  of  the  pay 
for  services  of  the  assistant  boatmen.  [Appointed  by  the  Mayor 
and  Aldermen.     Sup.  Ordinances,  p.  175.] 


79 


Consulting  Physicians,  John  C.  Warren,  George  Hayward,  George 
C.  Shattuck,  .facob  Bigelow,  John  Ware.  [Chosen  by  concur- 
rent vote  in  May  or  June.     City  Ordinances,  p.  .57  ] 

Francis    Lincoln,     Superintendent     of    Burials.      Salary     .$1,000. 

t Chosen    by  (;oncurrent   vote   of  the   City   Council,  in    May   or 
une.     "To  be  always  first  acted   upon  by  the  Mayor  and  Al- 
dermen."    City  Ordinances,  p.'lbO] 


UNDERTAKERS. 


Samuel  Winslow, 
Martin  Smith, 
Henry  Davis,    - 
Joseph  Wilcutt, 
Thomas  HasUell, 
Tiiomas  Andrews,     - 
Francis  Diilaway, 
Rodney  Gove, 
Caleb  I.  Pratt, 
Oren  Faxon, 
Franklin  ISriiith, 
J{icliard  Dillon,  * 

John  Peak, 
William  A.  Brabiner, 
Timotliy  Nunan, 
Charles  I  louffhton,    - 
Levi  L.  VVhitcotnb,  - 
(-onstant  T.  Benson, 
George  Johnson, 
Haram  Merrill, 
Joseph  W.  Andrews, 
John  White,      - 
Obed  Pratt, 
Levi  Whitcomb, 
John  Wilcutt,    - 
Seth  Hall, 
John  S.  Emerson, 


14  Commercial  street. 

15  Prospect  street. 
179  Hanover  street. 

47  kSalem  street. 
51)  Prince  street. 

1  Bartiett  street. 
46  Kliot  street. 
Reai  of  St.  Paul's  Clmrch. 
8it  Summer  street. 

n  Orange  street. 

y  r^eaver  place. 

3  Fayette  court. 

I  Leverett  street. 
Bolton  street. 

Fourth  street,  South  Boston. 
C  street,  South  Boston. 
Saratoga  street.  East  Boston. 
6">  Prince  street. 
Rear  li-'j  Pjtts  street. 
22  North  Russell  street. 
27  Hull  street. 
Lewis  stieet,  East  Boston. 
i.'4  Vine  street. 
1-  Purchase  street. 
20  Silver  street,  South  Boston. 
Church  St , under  Meeting  house. 
Pembroke  street. 


Charles  B.  Wells,  Superintendent  of  Common  Sewers.  Salary 
$l,10-'.  [Cliosen  by  concurrent  vote  in  May  or  June.  Sup. 
City  Ordinances,  p.  63  ] 

The  Mayor  and  Aldermen,  Surveyors  of  Hig/apays.  [Ordinance, 
pp.  105  and  258.] 

Thomas  Hunting,  Superintendent  of  Streets.  Salary  $1,100. 
[Chosen  by  concurrent  vote,  (first  acted  on  by  the  Board  of  Mayor 
and  Aldermen,)  in  January  or  February.  City  Ordinances,  p.  260.] 


80 


PUBLIC    LANDS    AND    BUILDINGS,    LAMPS 
AND   BRIDGES. 

Freeman  L.  Cushman,  Superintendent  of  Public  Buildings.  Salary 
^1,1()0.  [Chosen  by  concurrent  vote  in  April  or  May.  City 
Ordinances^  p.  298.     Sup.  Ord.  p.  55.] 

,  Superintendent  of  Public  Lands.  [Chosen  in  Feb- 
ruary or  March.     Mun.  Reg.  p.  43  ] 

Daniel  Rliodes,  Clerk  of  Faneuil  Hall  Market.  Salary  $1,000. 
[Appointed  by  the  Mayor  and  Aldermen,  in  June  or  July.  Sup. 
City  Ordinances,  p.  71.] 

Sullivan  Sawin,  Weigher.     Salary  $35  per  month. 

Thomas  Kettell,  Assistant  Clerk,     Salary  $1  25  per  day. 

James  Barry,  Superintendent  of  Lamps.  Salary  $500  per  annum. 
[Appointed  by  Mayor  and  Aldermen.     City  Ordinances,  p.  214.] 

There  are  496  Gas  Lamps,  1,317  Oil  Lamps,  7  Gas  Lighters  and 
20  Oil  Lighters.  Tlie  Gas  Lighters  receive  25  cents  per  Lamp  per 
month.     The  Oil  Lighters  receive  32|  cents  per  Lamp  per  month. 

Samuel  Jenkins,  Superintendent  of  the  JVorth  Free  Bridge.  Salary 
$6;)0.  [Chosen  by  concurrent  vote,  "  first  acted  upon  by  the 
Mayor  and  Aldermen,"  in  January  or  February.  City  Ordi- 
nances, p.  268.] 

Abner  J.  Gaffield,  Superintendent  of  the  South  Free  Bridge.  Sal- 
ary $3ii0.  [Chosen  by  concurrent  vote,  "first  acted  upon  by 
the  Mayor  and  Aldermen,"  in  January  or  February.  Sup. 
Ord.  p.  6.] 

Daniel  Merrill,  Keeper  of  the  County  Court  House.     Salary 


FIRE  DEPARTMENT. 

CHIEF    ENGINEER, 

WILLIAM  BARNICOAT,  273  Tremont  street.     Salary  $1,200. 

ASSISTANT  ENGINEERS.     Salary  $150  each. 
Henry  Smith,  25  Portland  street. 

James  G.  Sanderson,  3  Myrtle  street. 

Charles  S.  Clark,  Unity  street. 


81 


John  Shelton, 
Joshua  Jacobs, 
George  W.  Bird, 
Thomas  French, 
Brewster  Raynolds, 

Henry  Hart,  Clerk 


8  Hartford  place. 

133  Court  street. 

Suffolk  street. 

Webster  street,  East  Boston. 

Corner  of  E  street.  South  Boston. 


Salary  $500. 

FOREMEIi    OF    ENGINES. 


Washington  Co.  JVo.  3. 
William  Dyke, 

Lyman  Co.  JVo.  5. 
Luther  L.  Estabrooks, 

Hero  Co.  JVo.  6. 
Franklin  E.  Whitney, 

Howard  Co.  JVo.  7. 
Caleb  S.  McClennen, 

Tremont  Co.  JVo.  8. 
James  M.  Welch, 

Despatch  Co.  JVo.  9. 
William  E.  Hearsay, 

Hancock  Co.  JVo.  10. 
James  Quinn, 

J\Iaverick  Co.  JVo.  11. 
Thomas  Brown, 

Eagle  Co.  JVo.  12. 
Edward  W.  W.  Hawes, 

J]Ielvill  Co.  JVo.  13. 
William  Jepson, 

Boston  Co.  JVo.  15. 
Robert  Taylor, 

Perkins  Co.  JVo.  16. 
John  Davis,  jr., 

Mazeppa  Co.  JVo.  17. 
John  R.  Butler, 

Lafayette  Co.  JVo  18. 
Benjamin  J.  Morrill, 
n 


Salem  street. 
13  Snowhill  street. 

Dock  square. 
13  Morton  street. 

Dcrnc  street. 
Blossom  street. 

Purchase  street. 
12  Belmont  street. 

Tremont  street. 
17  London  street. 

Court  square. 
Essex  street. 

Friend  street. 
13. North  Margin  street. 

Paris  street,  East  Boston. 
Sumner  street. 

Washington,  near  Dover  street. 
36  Porter  street. 

Levcrett  street. 
70  Poplar  street. 

Commercial  street. 
19  Charter  street. 

Broadway,  South  Boston. 
Broadway. 

Broadway,  South  Boston. 
Silver  street. 

Tremont  Row. 
44  Temple  street* 


82 


Extinguisher  Co.  JVo.  20.  East  street, 

Jonathan  Pierce,  29  Tyler  street. 

Warren  H.  &/•  L.  Co.  J\'o.  t.  Friend  street. 

Dennis  Smith,  4  Warren  square. 

City  Hose  Co.  JVo.  1.  Tremont  Row. 

Richard  S.  Martin,  118  Charles  street. 

There  are  attached  to  the  Department,  16  Foremen  of  Engine, 
Hook  and  Ladder,  and  Hose  Companies,  at  $125  each  ;  16  Assistant 
Foremen,  at  $101)  each ;  16  Clerks,  at  $100  each  ;  16  Stewards,  at 
$100  each ;  544  members,  at  $80  each  ;  one  Company,  officers  and 
members,  at  $30  each ;  4  Stewards  of  Volunteer  Companies,  at 
$50  each. 

The  Engineers  are  chosen  annually  by  the  Mayor  and  Alder- 
men, with  the  concurrence  of  the  Common  Council.  [Ordinances, 
pp.  129,  293,  and  Sup.  Ordinances,  p.  16,] 


SURVEYOR  GENERAL  OF  LUMBER. 

[By  concurrent  vote  in  February.     Sup.  Ord.  p.  39.} 

FRANCIS  BULLARD, 

Office  No.  112  Milk  street. 

Deputy  Surveyors  appointed  by  the  Surveyor  General. 

Surveyors  of  Pine  Lumber, 

No.     8  Fayette  street. 

"     45  Warren  street. 

"       4  Brook  line  street. 

"   233  Tremont,  south  of  Pleasant 
North  Russell  street.  [street. 

No,   38  Harrison  avenue. 

"    •  39  Oak  street. 

"     52  Allen  street. 
Ly.ndeboro'  place. 
Centre  street.  East  Boston. 
Broadway,  South  Boston. 
No.      3  Snelling  place. 

"     29  Marion  street. 

"     83  Warren  street. 

"     27  Oak  street. 


Charles  Bullard, 
George  W.  Cram, 
George  Davis,     - 
George  Dupee,   - 
George  Hall, 
Rolun  Hartshorn, 
Joseph  F.  Huntress,  - 
Charles  Hersey, 
William  Keith, 
John  Lefavor,     - 
George  Page, 
Eben  M.  Plumer, 
Amasa  G.  Smith, 
Seth  Thaxter,     - 
Samuel  Waldron, 

Surveyor  of  Mahogany  and  Cedar. 
Nathaniel  Bryant,  .        .        -        _        .        31  Dover  street. 


83 

Surveyors  of  Oak,  Hard  Wood,  <^c. 

Seth  Brooks,        ...         -         Saratoga  street,  East  Boston. 

Gad  Leavitt,        ...         -         Franklin  House. 

The  following  officers  are  first  elected  by  the  Mayar  and  Alder- 
men, with  the  concurrence  of  the  Common  Council.     They  are  all 

paid  by  fees.     [Ordinances,  p.  105.] 

Inspectors  of  Lime. — Zephaniah  Sampson,  Joel  Wheeler. 

Fence  Viewers. — Romanus  Emerson,  Rolun  Hartshorn. 

Culler  of  Dry  Fish. —  Benjamin  Luckis. 

Culler  of  Hoops  and  Slaves. — James  Brown. 

■Mssay  Master. — Isaac  Babbitt. 

Field  Drivers  and  Pound  Keepers. —  William  Fisk,  Thomas  Ger- 
rish,  Timothy  Mclntire,  Ira  E.  Sanborn. 

Surveyor  of  Hemp. — Benjamin  Ricli. 

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

Superintendent  of  Mien  Passengers. — Calvin  Bailey.  Salary  $.500, 
and  lU  per  cent,  on  all  moneys  received,  but  not  to  exceed  the 
further  sum  of  $5iU),     [tiup.  Ordinances,  p.  3.] 

Weighers  of  Hay,  ^,. — Ebenezer  Clough,  John  R,  Bradford.  [Or- 
dinances, p.  15i),  and  Sup.  Ordinances,  p.  33] 

Measurer  of  Upper  Leather. — William  Bragden. 

Measurers  of  Wood  and  Bark,  brought  ly  Land. — Jolin  R.  Brad- 
ford, Amos  Bates,  William  Shattuck,  William  Fiske,  Moses 
Hadley,  Hollis  Moore.     [Ordinances,  p.  ii89.] 

Measurers  of  Wood,  brought  by  Water. — Jonathan  Thaxter,  Warren 
Bowker,  Daniel  A.  Rogers,  John  Paul. 

Weigher  of  Boats  and  Lighters. — Edward  l.iOring.     [Appointed  in 

April  or  May.     Ordinances,  p.  43] 
City  Crier. — Samuel  T.  Edwards.     [Licensed   from    time  to  time, 

until  the  first  day  of  May  following.     Ord.  p.  97  ] 
Sealers  of  Weights  and  Measures. — John  M.   Dearborn,   Edward 

Loring.     [Ordinances,  p.  284.] 


PUBLIC  CHARITABLE  INSTITUTIONS. 

The  Directors,  Overseers  and  Visiters  of  the  Houses,  the  Master 
of  the  House  of  Correction,  and  the  Superintendent  and  Stew- 
ard 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. 


HOUSES    OF    INDUSTRY    AND    REFORMATION. 

Directors. — Joseph  Lewis,  Daniel  Henchman,  Artemas  Simonds, 
James  Means,  Thomas  Mollis,  Nathaniel  H.  Emmons,  Thomas 
Tarbell,  Samuel  Leeds,  Alfred  A.  Wellington.  [Chosen  in 
May.     Ordinances,  p.  196.] 

Superintendent. — Daniel  Chandler.  Salary  $1,000,  and  board  in 
House. 

Assistant  Superintendent. — Thomas  Seward.     Salary  $650. 

Clerk  of  Directors. — Artemas  Simonds.     Salary  $800. 

In  the  House  of  Industry,  there  is  paid  to  a  Teamster,  $300;  Ma- 
tron's  Assistant,  Overseer  of  Clothing  and  Overseer  of  Kitchen, 
each  $156.  There  is  also  paid  by  the  Trustees  of  the  Boylston 
and  Mason  Funds,  to  the  Chaplain,  $500 ;  Teacher  of  Boys, 
I ;  and  three  females  each  $156. 


In  the  House  of  Reformation  Department,  there  is  also  paid  to 
the  Male  Teacher,  .$400,  and  his  Assistants,  $300;  and  to  the 
Matron,  $200.     [Appointed  by  the  Directors.] 

The  Gate  Keeper  receives  $275 ;  and  two  Assistant  Farmers,  one 
at  a  salary  of  $300,  and  one  at  $240,  whose  services  are  for  both 
Houses. 

HOUSE    OF    CORRECTION. 

Overseers. — William  T.  Andrews,  George  Darracott,  Uriel  Crocker, 
Joseph  Moriarty,  and  one  vacancy.  Chosen  from  time  to  time, 
generally  in  the  month  of  May.  [Ordinance,  p.  193.  Sup. 
Ord.  p.  38.] 

Master. — Charles  Robbins.     Salary  $1,000,  and  board  in  House. 

Clerk  to  Master. — R.   W.  Crossett.      Salary  $300,  and  board  in 

House. 
Clerk  to  O^erseers.—Eliphalet  P.  Hartshorn.     Salary  $700. 

Chaplain. — Rev.  Charles  Cleveland.     Salary  $600. 

There  is  also  paid  to  six  male  Assistants,  $300  each,  and  board ; 
and  three  female  Assistants,  $200  each.  Also,  to  one  Cook, 
$3  00  per  week ;  and  one  Domestic,  $1  50  per  week. 

BOSTON    LUNATIC    HOSPITAL. 

Visiters. — William  Parker,  Gideon  F.  Thayer,  Otis  Clapp,  Charles 
Edward  Cook,  Bradley  N.  Cumings,  George  Savage,  Andrew  T. 
Hall.     [Chosen  in  January  or  February.     Mun.  Reg.  p.  26.] 

Secretory.— Samuel  F.  McCleary,  jr.     Salary,  $100. 


85 


C.  H.  Stedman,  M.  D.,  Superintendent  and  Physician  to  the  above 
Institutions.  Salary  $1,200.  [Chosen  in  September  or  October. 
Sup.  Ord.  p.  50.] 

There  are  also  attached  to  this  Institution, 

Sumner  Crosby,  Steward,  Salary  $G00  per  year. 
Harriot  Crosby,  Matron,  "  $200  "  " 
five  male  Attendants,  $180  each  ;  four  female  Attendants,  $130 
each  ;  one  Laundress  and  one  Housekeeper,  at  $156  eacii ;  two 
male  Assistants,  at  $180  each  per  year;  two  assistant  Cooks,  at 
$2  25  per  week ;  one  Sempstress,  at  $2  per  week ;  Table  and 
Cl'.amber  Girl,  at  $2  per  week. 

-OVERSEERS    OF    THE    POOR. 

[Charter,  $  19,  34.] 
[Chosen  in  each  Ward  where  they  reside.] 
Ward  1 — Elijah  Stearns. 
2— Ephraim  Milton. 
3 — Joseph  Moriarty. 
4 — William  Freeman. 
5 — Daniel  Henchman. 
6 — Paul  Adams. 


Ward  7— Thomas  Tarbell. 

8 — John  W.  Warren,  jr. 

9 — Joseph  Lewis. 
10— Charles  F.  Barnard. 
11— William  Willett. 
12— Thomas  Blasland. 


James  Phillips,  Secretary.     Salary  $800. 


PUBLIC  SCHOOLS. 

[Sup.  Ord.  p.  58.J 

Josiah  Quincy,  Jr.,  Mayor,  Chairviun,  ~>         rr.  .. 

George  S.  Hillard,  President  of  Common  Coitncil,  ) 


[The  following  are  chosen  in  each  Ward.] 


Wardl 


Henry  G.  Clark, 

Rev.  Amos  Smith. 
2 — James  H.  Barnes, 

James  Ayer. 
3 — Daniel  P.  Simpson, 

Moses  C.  Greene. 
4 — Richard  Soule,jr., 

George  B.  Emerson. 
5 — Frederick  Emerson, 

Ninian  C.  Betton. 
6 — Theophilus  Parsons, 

John  Phelps  Putnam 

Samuel  F.  McCleary,  Secretary 


Ward  7 — Rev.  Charles  Brooks, 
Edward  G.  Loring. 
8— Rev.  Daniel  M.  Lord, 
John  B.  Hutchinson. 
9 — Thomas  M.  Brewer, 
George  T.  Curtis. 
10 — Rev.  Nehemiah  Adams, 
Rev.  J.  I.  T.  Coolidge. 
11— Manlius  S.  Clarke, 

Joseph  M.  Wiffhtman. 
12— Rev.Theodore^D.  Cook, 
Rev.  Geo.  W.  Bosworth. 


86 


SUB-COMMITTEES. 

Books — Messrs.   Parsons,  Loring,  G.   B.  Emerson,  Simpson   and 
Putnam. 

To  confer  with  Primary  School  Committee — Messrs.  F.  Emerson 
Ayer  and  Greene. 

Music — Messrs.  Brooks,  Lord  and  Coolido;e. 


SCHOOLS. 

LOCATION. 

COMMITTEES. 

Latin,  -   -    - 

Bedford  street,  -    - 

Messrs.  The  Mayor,  Parsons,  Betton,  Ad- 
ams and  Lord. 

English  High, 

Bedford  street,  -   - 

"  Curtis,  Wightman,G.  B.Emerson, 
Putnam  and  M.  S.  Clarke. 

Lyman,    -   - 

East  Boston,  -   -    - 

"       Soule,  Barnes  and  H.  G.  Clark. 

Eliot,    -   -   - 

North  Bennet  St.,  - 

"       H.  G.  Clark,  Smith  and  Ayer. 

Endicott,  -   - 

Cooper  street,    -    - 

"       Smith,  Barnes  and  Greene. 

Hancoclc,  -   - 

Hanover  street,     - 

"       Barnes,  S.mith  and  Simpson. 

May  hew,  -   - 

Hawkins  street,    - 

"       Simpson,  Soule  and  Curtis 

Bowdoin, 

Derne  street,     -    - 

"       G.  B.Emerson, Parsons  andBrewer. 

Boylslon,  -    - 

Washington  place. 

"       Lord,  Hutchinson  and  Bosworth. 

Adams,     -   - 

Mason  street,     -    - 

"       Adams,  Loring  and  Hutchinson. 

Franklin,-    - 

Washington  street, 

"       Coolidge,  Conk  and  Wighlman. 

Wells,  -   -    - 

McLean  street,  -    - 

"       Betton,  F.  Emerson  and  Soule. 

Hawes,     -    - 

South  Boston,   -    - 

"       Bosworth,  Cook  and  M.  S.  Clarke. 

Mather,    -    - 

South  Boston,   -    - 

"       Cook,  Bosworth  anil  Greene. 

Johnson,  -   - 

Tremont  street,     - 

"       Loring  Brooks  and  Adams. 

Winthrop,    - 

East  street,    -    .    - 

"       Brewer.  Coolidge  and  Putnam. 

Brimmer,  -   - 

Common  street,    - 

"  Wightnian,  M.  S.  Clarke  and  F. 
Em;rson. 

Phillips,    -    - 

Pinckney  street,    - 

"       Betton,  Brooks  and  Hutchinson. 

Otis,-   -    -    - 

Lancaster  street,   - 

"       Simpson,  Greene  and  Ayer. 

Dvvight,    -   - 

Concord  street. 

"       Loring,  Wightman  and  Brewer. 

Smith,  -   -   - 

Belknap  street,  -    - 

"  Brooks,  Coolidge  and  G.  B.  Em- 
erson. 

INSTRUCTERS  IN  THE  VARIOUS  SCHOOLS. 

Note. — All  Grammar  and  Writing  Masters  have  a  salary  of 
$],.500  each;  all  Ushers  in  the  Grammar  and  Writing  Schools 
have  a  salary  of  $600  each;  and  ail  Assistants  $300  each;  [All 
the  salaries  are  fixed  by  the  School  Committee.] 


LATIN. 

Epes  S.  Dixwell,  Master.     Salary  $2,400. 
Francis  Gardner,  Sub-Master.     Salary  $1,800, 
Timothy  D.  Chamberlain,  Salary  $800,  and  John  P.  Reynolds  and 
W.  L.  Ropes,  Ushers.     Salaries  $700. 

ENGLISH     HIGH. 

Thomas  Sherwin,  Master.     Salary  $2,400. 
Luther  Robinson,  Sub-Master.     Salary  $1,500. 
Francis  S.  Williams,  Usher.     Salary  $1,000.     Samuel  M.  Weston, 
Usher.     Salary  $700. 


87 


L  T  M  A  N  . 

Hosea  H.  Lincoln,  Master  hoys'  school. 
Aaron  L.  Ordway,  Master  girls'  school. 

Mary  Atherton,  Julia  M.  Wiggin,  Eliza  L.  Pierce,  Mary  E.  Grant, 
F.  L.  Prescott  and  Sarah  S.  French,  Jlssistants . 

ELIOT. 

Edwin  Wright,  Grammar  Master. 
Levi  Conant,  Writing  Master. 

Caroline  W.  Carter,  Hannah  Daman,  Elizabeth  Skinner,  Lydia  F. 
Pool,  Anna  S.  Carter  and  Eliza  L.  Felt,  Assistants. 

HANCOCK. 

William  J.  Adams,  Grammar  Master. 
Peter  Mackintosh,  Writing  Master. 

Adeline  Howe,  Henrietta  L.  Peirce,  Catherine  W.  Snelling,  Celia 
L.  Gale,  Sarah  A.  Dyke  and  Sarah  E.  White,  Assistants. 

ENDICOTT. 

George  Allen,  jr..  Grammar  Master. 
Loring  Lothrop,  Writing  Master. 

Mary  A.  Torrin,  Angeline  A.  Brigham,  Ann  M.  Wight,  Malvina 
R.  Brigham,  Caroline  Keith,  M.  P.  Coi^sworihy.,' Assistants. 

M  A  T  H  E  W  . 

William  D.  Swan,  Grammar  Master. 

J.  D.  Philbrick,  Writing  Master. 

Winslow  Battles  and  Harvey  Jewell,  Ushers. 

Mary  J.  Walker  and  Eliza  L.  West,  Assistants. 

B  O  WD  O  IN  , 

Abraham  Andrews,  Grammar  Master. 

James  Robinson,  Writing  Master. 

Mary  A.  Murdock,  Rebecca  Lincoln,  Caroline   E.  Andrews,  Mary 

S.  Robinson,  Sarah  D.  Adams,  Eliza  B.  Mitchell  and  Elizabeth 

P.  Snow,  Assistants. 

BOTLSTON. 

Thomas  Baker,  Grammar  Master. 
Charles  Kimball,  Writing  Master. 
Henry  Seaver,  Usher. 

Clarinda  R.  F.   Treadwell,   Matilda  Oliver,  Susan   J.  M.  Jones, 
Catharine  H.  Grover  and  Mary  A.  Harris,  .Assistants. 


88 


ADAMS. 

Samuel  Barrett,  .Grammar  Master. 

Samuel  W.  Bates,  Writing  Master. 

Joel  Brown  and  Ira  Cheever,  Ushers. 

Mary  S.  Brigham  and  Mary  E.  Beck,  Assistants. 

FRANKLIN. 

Barnum  Field,  Grammar  Master. 
Nathan  Merrill,  Writing  Master. 

Hannah  S.  Tirrell,  Sarah  Ann  Gale,  Catharine  T.  Simonds,  S.  A, 
M.  Gushing,  Lucy  M.  Beck  and  Caroline  A.  Green,  Assistants. 

/ 
"WELL  S. 

Cornelius  Walker,  Grammar  Master. 
Reuben  Swan,  jr.,  Writing  Master. 
William  H.  Swan,  Usher. 

Matilda  A.  Gerry,  Caroline  F.  Housely,  Frances  A.  Collins  and 
Adeline  F.  Dinsmore,  Assistants. 

HAWES,     S.    BOSTON. 

Frederick  Crafts,  Grammar  Master. 
John  A.  Harris,  Writing  Master. 
Charles  A.  Mo»rill,  Usher. 

Julia  M.  Baxter,  Mary  E.  Clark,  Mary  Ann  Burnum  and  H.Maria 
Manning,  Assistants. 

MATHER,     S.     BOSTON. 

Josiah  A.  Stearns,  Grammar  Master. 
Jonathan  Battles,  jr.,  Writing  Master. 
George  T.  Angell,  Usher. 

Mary  A.  Moody,  Lucy  Floyd,  Rebecca  A.  Chipman  and  Ann  J, 
Drake,  Assistants. 

J  O  HN  SON. 

Richard  G.  Parker,  Grammar  Master. 
Joseph  Hale,  Writing  Master. 

Rebecca  P.  Barry,  Martha  E.  Town,  Emma  J.  Knapp,  Mary  H. 
Stodder,  Helen  E.  Vans  and  Mary  Jane  Danforth,  Assistants.    '- 

WINTHROP. 

Henry  Williams,  jr..  Grammar  Master. 
Samuel  L.  Gould,  Writing  Master. 
Charles  E.  Valentine,  Usher, 

Harriet  D.  Williams,  E.  W.  Shelton,  Olive  E.   Reynolds,  F.  M, 
Oliver  and  Mary  E.  Weed,  Assistants. 


89 


B  R,  I  M  M  E  K  , 


Joshua  Bates,  Grammar  Master. 
William  A.  Sliepard,  IVrltmg  Master, 
Percival  W.  Bartlett  and  Joljn  Butler,  Ushers. 
Abba  F.  Goodridge  and  Mary  A.  Collier,  Assistants. 


PHILLIPS 


Samuel  S.  Green,  Grammar  Master. 

Samuel  Swan,  Writing  Master. 

Amphion  Gates  and  John  M.  Colcord,  Ushers. 

Ellen  M.  Coolidge  and  Sarah  H.  ^xaQtson .,  Assistants . 


OTIS. 

Isaac  F.  Shepard,  Grammar  Master. 
Benjamin  Drew,  Writing  Master. 
Joshua  R.  Lothrop,  Usher. 

S.  W.  J.  Copeland,  Harriet  N.  Decker,  Emeline  French  and  C.  S 
Palmer,  Assistants. 

D  WIGH  T. 

George  B.  Hyde,  Master. 

James  A.  Page,  Usher. 

Caroline  A.  Green,  Frances  A.  Tyler,  Caroline  G.  Woodman,  Cla- 
rissa Belknap,  Mary  A.  Richards,  Clarissa  Guild  and  Elizabeth 
G.  [Jnderhill,  Assistants. 

SMITH. 

Ambrose  Wellington,  Master. 

Chloe  A.  Lee,  Julia  A.  Smith  and  Helen  James,  Assistants. 


90 


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98 


WARD    OFFICERS 


Ward  No.  1. 


Warden, 
William  Palfrey. 

Cler^, 
Alexander  Wood. 


Warden, 
Alfred  A.  Lane. 

Clerk, 
Nathaniel  Budd,  ji*. 


Warden, 
William  Bellamy. 

Clerk, 
Reuben  Carver. 


Wa7'de7i, 
George  W.  Crockett. 

Clerk, 
John  Mandell 


Inspectors, 
Charles  F.  Wells, 
Robert  Ripley, 
Thomas  T.  Hayden, 
Jonas  liall, 
James  M.  Badger. 


Ward  No.  2. 


Inspectors, 
John  T.  Thompson, 
Emery  Goss, 
David  Whilehouse, 
Samuel  F.  Rogers, 
Samuel  Bentley,  jr. 


Ward  No.  3. 


Inspectors, 
Ignatius  Winter, 
James  M.  Stevens, 
Thomas  Sprague, 
William  F.  Stetson. 


Ward  No.  4. 


Inspectors, 
S.  H.  Pingry, 
J.  L.  Edmonds, 
Frederick  Brown, 
Thomas  H.  Russell, 
Benjamin  Pond,  jr. 


99 


Warden, 
George  Wheelwright. 

Clerk, 
Theodore  H.  Bell. 


Warden, 
Ezra  Lincoln. 

Clerk, 
"William  B.  Howes. 


Warden, 
Alfred  C.  Hersey. 

Clerk, 
J.  W.  Thornton. 


Warden, 
Joseph  H.  Thayer. 

Clerk, 
William  H.  Kelley. 


Warden, 
William  B.  Bradford. 

Cerk, 
Stephen  G.  Deblois. 


Ward  No,  5. 

Inspectors, 
David  Austin, 
Andrew  Floyd, 
H.  G.  Ware,  jr., 
James  W.  Baldwin, 
William  Pratt. 

Ward  No.  G. 

Inspectors, 
E.  W.  Pike, 
Hartwell  Lincoln, 
Gardner  G.  Hubbard, 
Robert  Andrews, 
Daniel  Sharp,  jr. 

Ward  No.  7. 

Inspectors, 
Paschal  P.  P.  Ware, 
George  Dickinson, 
Francis  Kendall, 
Tliomas  B.  Hall, 
William  L.  Plummer. 


Ward  No.  8. 


Inspectors, 
Daniel  B.  Badger, 
George  W.  Goddard, 
Jonathan  H.  Lane, 
William  A.  Bell, 
Alfred  Lane. 


Ward  No.  9. 


Inspectors, 
John  Carter,  jr., 
John  Perry,  jr., 
Abi-am  Fi-ench, 
P.  L.  jNIeriani, 
J.  W.  Meriam. 


100 


Ward  No.  10. 


Warden, 
George  "Woodman. 

Cleric, 
P.  S.  Wheelock. 


Warden, 
William  Pope. 

Clerh, 
Isaac  P.  Clark. 


Warden, 
Charles  H.  White. 

Olerh, 
Horace  Smith. 


Inspectors, 
William  D.  WiUard, 
Jesse  Tirrell, 
Robert  W.  Hall, 
Enoch  H.  Tucker, 
Samuel  L.  Bass, 
Enoch  H.  Tucker,  jr. 

Ward  No.  11. 

Inspectors, 
Francis  H.  C.  Blanchard, 
O.  J.  Faxon, 
Benjamin  H.  Greene, 
James  M.  Tower, 
Henry  R.  Andrews. 

Ward  No.  12. 

Inspectors, 
Samuel  Burnham,  jr., 
Lewis  Smith, 
William  G.  Read, 
W.  H.  Tilden, 
George  W.  Sprague. 


101 


WARDS", 


^s  divided   and  established  bij  an   Ordinance  of  the   City,  passed 
September  20,  1838. 

No.  1. — Beginning  at  Winnisimet  Ferry,  thence  on  tlie  west  side 
of  Hanover  st.  to  Riciimond  st. ;  thence  on  the  north  side  of  Rich- 
mond St.,  crossing  Salem  st.  to  Cooper  st. ;  on  north  side  of  Cooper 
St.;  crossing  Charlestovvn  st.  to  Beverly  st. ;  thence  on  the  east- 
erly side  of  Beverly  st.  to  the  water. 

No.  2. — Beginning  at  Winnisimet  Ferry,  thence  on  the  easterly 
side  of  Hanover  st.  to  Union  st. ;  thence  on  the  east  side  of  Union 
St.  to  Dock  square  ;  thence  on  the  north  side  of  North  Market  st. 
to  the  water  on  the  north  side  of  City  wharf. 

No  3. — Beginning  at  tlie  water,  thence  on  the  westerly  side  of 
Beverly  st.  to  (Jharlestown  st. ;  thence  on  the  southerly  side  of 
Cooper  st.  and  Richmond  st.  to  Hanover  st. ;  thence  on  the  north- 
westerly side  of  Hanover  st.  to  Union  st. ;  thence  on  the  westerly 
side  of  Union  st.  to  Elm  st. ;  thence  on  the  northerly  side  of  Elm 
St.  to  Hanover  st. ;  thence  across  Hanover  st.  to  Portland  st.  ; 
thence  on  the  easterly  side  of  Portland  st.  to  Sudbury  st. ;  thence 
on  the  north-westerly  side  of  Sudbury  st.  to  Hawkins  st. ;  thence 
on  the  north-easterly  side  of  Hawkins  st.  to  Chardon  st. ;  thence 
on  the  north-westerly  side  of  Chardon  st.  to  Green  st.  ;  thence  on 
the  north-easterly  side  of  Green  st.  to  Lyman  place  ;  thence  on  the 
east  and  north  sides  of  Lyman  place  to  Prospect  st;  thence  on  the 
eastern  side  of  Prospect  st.  to  Causeway  st. ;  thence  on  the  north- 
easterly side  of  Lowell  st.  to  the  water. 

No.  4. — Beginning  at  the  north-easterly  corner  of  City  wharf; 
thence  on  the  northerly  side  of  City  wharf  to  North  Market  st.  ; 
thence  on  the  southerly  side  of  North  Market  st.  ;  across  Dock 
square,  to  Elm  st. ;  thence  on  the  southerly  side  of  Elm  st.  to  Han- 
over St.  ;  crossing  Hanover  st.  to  Portland  st. ;  thence  on  the 
south-westerly  side  of  Portland  st.  to  Sudbury  st. ;  thence  on  the 
south-easterly  side  of  Sudbury  st.  to  Hawkins  st.  ;  thence  on  the 
Bouth-westerly  side  of  Hawkins  st.  to  Chardon  st.  ;  thence  on  the 
south-easterly  side  of  Chardon  st.  to  Bowdoin  square  ;  thence  on 
the  south-westerly  side  of  Green  si.  to  Staniford  st. ;  thence  on  the 
easterly  side  of  Staniford  st.  to  Cambridge  st. ;  thence  on  the 
southerly  side  of  Cambridge  st.  to  Belknap  st. ;  thence  on  the 
easterly  side  of  Belknap  st.  to  Mount  Vernon  st.  ;    thence  on  the 


102 

llortheriy  ailtj  easterly  sides  of  Moant  Vernon  st.  to  Beacon  st. ; 
thence  on  the  nortlierly  side  of*  Beacon  st.  to  Tremontst. ;  thence 
on  the  north-westerly  side  of  Tremont  st.  to  Court  st. ;  thence  on 
the  northerly  side  of  Court  st.  and  State  st.  to  Long  wharf;  thence 
on  the  southerly  side  of  said  wharf  to  the  end  thereof,  including 
East  Boston  and  all  the  islands  in  the  harbor. 

ISo.  5. — Beginning  on  the  easterly  end  of  Cambridge  bridge, 
thence  on  the  northerly  side  of  Cambridge  st.  to  Staniford  st.  ; 
thence  on  the  westerly  side  of  Staniford  st.  to  Green  St.,  crossing 
Green  st.  to  Lyman  place;  thence  on  the  westerly  side  of  Lyman 
place  to  Prospect  st. ;  thence  on  the  westerly  side  of  Prospect  st., 
crossing  Causeway  st.  to  Lowell  st. ;  thence  on  the  south-westerly 
side  of  Lowell  st.  to  the  water. 

No.  6. —  Beginning  at  the  easterly  end  of  Cambridge  bridge, 
thence  on  the  southerly  side  of  Cambridge  street  to  Belknap  St.; 
thence  on  the  westerly  side  of  Belknap  st.  to  Beacon  st. ;  thence 
on  the  northerly  side  of  Beacon  st.  to  the  boundary  line  between 
Boston  and  Koxbury,  on  the  Western  Avenue. 

No.  7. —  Beginning  at  the  corner  of  Beacon  st.  and  Belknap  st. ; 
thence  on  the  easterly  side  of  Belknap  st.  to  Mount  Vernon  st.  ; 
thence  on  the  southerly  side  of  Mount  Vernon  st.  to  Beacon  st. ; 
thence  on  the  southerly  side  of  Beacon  st.  to  Tremont  st.  ;  thence 
on  the  southeasterly  side  of  Tremont  st.  to  Court  st.  ;  thence  on 
the  southerly  side  of  Court  st.,  crossing  Washington  st.  to  State  st. ; 
thence  on  the  southerly  side  of  State  st.  to  Congress  st.  ;  thence  on 
the  westerly  side  of  Congress  st.  to  Milk  st.  ;  thence  on  the  north- 
erly side  of  Milk  st.  to  Federal  st.  ;  thence  on  the  westerly  side  of 
Federal  st.  to  Franklin  place  ;  thence  on  the  northerly  side  of 
Franklin  place  to  Hawley  st.  ;  thence  on  the  westerly  side  of 
Hawley  st.  to  Summer  st.  ;  thence  on  the  soutlierly  side  of  Sum- 
mer St.  to  Chauncy  place  ;  thence  on  the  westerly  side  of  Chauncy 
place  and  Bedford  place,  crossing  Bedford  St.,  on  the  westerly  side 
of  Rowe  St.,  to  Essex  st. ;  thence  on  the  northerly  side  of  tssex  st. 
to  Washington  st.  ;  thence  on  the  westerly  side  of  Washington  st. 
to  Boylston  st.  ;  thence  on  the  northerly  side  of  Boylston  st.  to 
Tremont  st. ;  thence  on  the  easterly  side  of  Tremont  st.  to  Park  st; 
thence  on  the  north-easterly  side  of  Park  st.  to  Beacon  st. ;  thence 
on  the  northerly  side  of  Beacon  st. -to  the  corner  of  Belknap  st. 

No.  8  — Beginning  at  the  water  on  the  southerly  side  of  Long 
wharf,  thence  on  the  soutlierly  side  of  State  stieet  to  Congress  street; 
thence  on  the  easterly  side  of  Congress  street  to  Milk  street;  thence 
on  the  southerly  side  of  Milk  street  to  Federal  street  ;  thence  on  the 
easterly  side  of  Federal  street  to  Berry  street ;  thence  on  the  north- 
erly side  of  Berry  street  to  Atkinson  street ;  thence  on  the  north- 
easterly side  of  Atkinson  street,  crossing  Purchase  street  and  Broad 
street,  to  the  water  on  the  southerly  side  of  Russia  wharf. 

No.  9. — Beginning  at  the  water  on  the  southerly  side  of  Hobbs's 
wharf,  thence  crossing  Sea  street  to  Beach  street ;  thence  on  the 


103 

northerly  side  of  Beacli  street  to  Washington  street;  thence  on  the 
easterly  side  of  Washington  street  to  Essex  street ;  thence  on  the 
southerly  side  of  Essex  street  to  Rowe  street;  thence  on  tlie  east- 
erly side  of  Rowe  street,  crossing  Bedfoi'd  street,  on  the  easterly 
side  of  Bedford  place  and  Chniincy  place  to  Summer  street;  thence 
on  the  northerly  side  of  Summer  street  to  Hawley  street ;  thence  on 
the  easterly  side  of  Hawley  street  to  Franklin  place  ;  thence  on 
the  southerly  side  of  Franklin  place  to  Federal  street ;  thence 
crossing  Federal  street  to  Berry  street ;  thence  on  the  southerly 
side  of  Berry  street  to  Atkinson  street ;  thence  on  the  south- 
westerly side  of  Atkinson  street,  crossing  Purchase  street  and  Broad 
street,  to  the  water  on  the  southerly  side  of  Russia  wharf. 

No.  10. — Beginning  at  the  water  on  the  southerly  side  of  Hohbs"s 
wharf,  thence  crossing  Sea  street  to  Beach  street ;  thence  on  the 
southerly  side  of  Beach  street  to  Washington  street ;  thence  on  the 
westerly  side  of  Washington  street  to  Boylston  street;  thence  on 
the  southerly  side  of  Boylston  street  to  Pleasant  street;  thence  on 
the  easterly  side  of  Pleasant  street  to  Eliot  street;  thence  on  the 
northerly  side  of  Eliot  street  to  Carver  street;  thence  on  the  east- 
erly side  of  Carver  street  to  Pleasant  street;  thence  on  the  north- 
easterly side  of  Pleasant  street  to  Washington  street ;  thence  cross- 
ing Washington  street  to  Indiana  street ;  thence  on  the  northerly 
side  of  Indiana  street  to  Harrison  avenue  ;  thence  on  the  easterly 
side  of  Harrison  avenue,  to  a  new  street  crossing  the  South  Cove  ; 
thence  on  the  northerly  side  of  said  street  to  the  water  on  the 
southerly  side  of  Guild  and  Cowdin's  wharf 

No.  11  — IJeginning  at  the  corner  of  Boylston  street  and  Pleasant 
street;  thence  on  the  westerly  side  of  Pleasant  street  to  Eliot 
street ;  thence  on  the  southerly  side  of  Eliot  street  to  Carver  street ; 
thence  on  the  westerly  side  of  Carver  street  to  Pleasnnt  street; 
thence  on  the  south-westerly  side  of  Pleasant  street  to  Washington 
street ;  thence  crossing  Washington  street  to  Indiana  street ;  thence 
on  the  southerly  side  of  Indiana  street,  to  Harrison  avenue  ;  thence 
on  the  westerly  side  of  Harrison  avenue,  to  a  new  street  crossing 
the  South  Cove  ;  thence  on  the  southerly  side  of  said  street,  to  the 
water  on  the  southerly  side  of  Guild  &  Cowdin's  wharf — all  south 
and  west  of  the  above  described  line,  to  Koxbury. 

No.  12.— All  South  Boston. 


104 


REAL  AND  PERSONAL  ESTATE. 


The  following  table  shows  the  value  of  the  Real  and  Personal 
Estate,  with  the  number  of  persons  assessed  from  the  year  1794, 
and  every  subsequent  fifth  year  to  1844. 


Year. 

Real  Estate. 

Personal  Estate. 

Aggregate. 

No.  Bills. 

£.       s.  d 

£.        s.  d. 

£.       s.  d. 

1794 

602,312  10  0 

824,812  10  0 

1,427,125  0  0 

,     2953 

DOLLARS. 

DOLLARS. 

DOLLARS. 

1799 

3,'224,100 

3,766,200 

6,990,300 

3600 

1804 

13,753,000 

15,328,300 

29,081,300 

5230 

1809 

19,712,000 

16,617,200 

36,329,200 

6772 

1814 

17,871,400 

15,164,800 

33,037,200 

6617 

1819 

22,795,800 

16,583,400 

39,379,200 

7851 

18-^4 

27,303,800 

22,540,000 

49,807,800 

]0980 

1829 

36,963,800 

24,104,200 

61,068,000 

13311 

1834 

43,140,600 

31,665,200 

74,805,800 

lr-652 

18:;9 

58,577,800 

33,248,600 

91 ,826,400 

18151 

1844 

72,048,000 

46,402,300 

118,450,300 

24817 

TABLE   OF   CONTENTS. 


Aldermen,  names  and 
residences, 

Vacancies  in, 
.   No  choice  of, 
Standing  Commit 

tee  of. 
Chairman  of, 
Doings  of, in  1845- 
46,  confirmed. 
Adjournments,     . 
Appropriations,  annual 
Additions  to, 
Transfers  of, 
Amendments  of  Rules 
and  Orders, 
Ordinances, 
Attorney,  City,    . 
Accounts,  Commit,  on 

County,  do. 
Assessors' Department 
Committee  on. 
How  chosen,  i&c. 
Assistant, 
Ordinance,   . 
Assessment  of  Taxes, 
Alien  Passengers, 

Superintendent  of. 
Auditor,  when  chosen 

«&c.,  .         5 

Assay  Master,    . 
Appeal  to  Council, 

14 


Page. 


69 
53 
53 

74 
5,26 

57 
6,11,14 

7 
7 
7 

14 

6 

25 

72 

75,76 

73 
75,76 

27,76 
27 
27 
49 

83 

75 
83 
12 


Page. 


By-laws,  titles  to, 

6 

Ballot,  election  by, 

17 

Blank, 

17 

Buildings,  removal  of 

20 

Public,  sales  of, 

21 

Committee  on, 

74 

Superintendent  of 

80 

Births,  registry  of. 

47 

Burial  Grounds,  Super 

intendent  of,    . 

79 

Committee  on. 

74 

Boston  Harbor,   Com- 

mittee on, 

73 

Ordinance,   . 

42 

Bridges,  Committee  on 

75 

Superintendent  of 

80 

Bells  and  Clocks,  Com- 

mittee on, 

74 

Board  of  Acc'ts,  who 

76 

Bark,  &c.,  Measu'rs  of. 

83 

Boats,   «fcc..  Weighers 

of,    ...         . 

83 

Conferences,  Commit 

tee  of, 
Commit's,  Joint  Stand 
ing, 

not    to    act    sepa' 

rately, 
Joint,  Reports  of, 


6 

72 

7 
7 


11 


CONTENTS 


Page. 
Committees,not  to  con- 
tract,   '    .        .        .  8 
not  to  approve  cer- 
tain Bills,           .  8 
of  the  Whole,       .        10,15 
of  Common  Coun- 
cil, how  appoint- 
ed,    .         .         .  11 
Standing,  how  ap- 

appointed,  .  15 
of  how  many  mem- 
bers may  be  on,  14 
Chairmen  of,  .  5, 14, 16 
when  not  to  sit,  .  15 
of  Common  Coun- 
cil, ...  15 
chosen  by  ballot,  .  15 
Chairman   of,   pro 

tem.,          .         .  16 
Special,         .          ,  16 
notice  of  meetings,  17 
when  to  report,     .  18 
of  Board  of  Alder- 
men,         .         .  5, 74 
Clerks  to  make  copies,  8 
to  attend  commit- 
tee meetings,     .  17 
Chairmen   of  Commit- 
tees,         .         .         .5, 14, 16 
of  Board  of  Alder- 
men,         .         .  5, 26 
City  Debt,  vote  to  in- 
crease,     ...  7 
Committee  on,      .  5 
Communications,  &c.,  15 
Clerk  of  Council,  du- 
ties,         ...  17 
Coaches,  &c.,  law  reg- 
ulating,   ...  23 
Superintendent  of,  77 
Cellar  Doors,  &c.,        .  24 
Cattle  going  at  large,  24 
City  Attorne}'^,     .         .  25 
City  Officers,  election 

of,    ...         .  53 

names,  &c.,  of,     .  69 

Council,  vacancies  in,  53 


Page. 

Copies,  &c.,  made  by 

Clerks,     ...  8 

Contractors,    Commit- 
tees not  to  be,  .  8 

CityClerk,Salary,&c.,  71 

Officers,     election 

of,     .         .         .  53 

Call  to  order,       .         .  12 

County  Accounts, Com- 
mittee on,         .         .  75 

Common,    &c.,    Com- 
mittee on,         .         .  74 

Constables,  .  .  78 

Clocks,  &c.,  Commit- 
tee on,      .         .         .  74 

Court    House,    Keep- 


er  of,         .         .         . 

80 

Cullers  of  Fish,  . 

83 

Hoops,  &c., 

83 

Crier,  City, 

83 

Charitable  Institutions, 

83 

D 

Debt,  City, 

5 

increase  of,  . 

7 

reduction  of. 

5 

Dedication  of  Streets, 

&c., 

67 

Deaths,  registry  of. 

47 

Division  of  Questions, 

14 

Drains,  &c.,  Commit- 

tee on, 

74 

Deputy  Collectors, 

75 

Excuses  for  not  voting 

14 

Enrolment     of     Ordi 

•  nances,     . 

15,16 

Committee  on. 

16,75 

Expenditures,      orders 

for. 

7,16 

Elections  by  ballot, 

17 

Elections,    &c..    Com- 

mittee on. 

75 

Ex.  Health,    Commit 

tee  on, 

74 

Engines,  officers  of, 

81 

Engineers,  pay,  «fec., 
Estates,  valuation  of, 


G 

Goal,    Committee    on, 

&c., 
Grading    Streets     and 

Ways, 
Glass  Furnaces,  . 

H 

Hackney  Coaches, «&c., 
Harbor  of  Boston,  Or 
dinance,  . 

Committee  on. 
House  of  Correction, 
Overseers,  &,c.,  of, 
Committee  on, 
Reformation, 
House  of  Industry,  &c 

Directors,  «fec.. 
Hard  Lumber,  Survey 

ors  of. 
Hospital,  Lunatic, 
Visiters  of,    . 
Health,  Committee  on 
Health  Department, 
Hemp,  Surveyors  of. 
Hay  Weighers,   . 
Highways,    Surveyors 
of,    .         .         ■         . 


Page. 

80,82 

104 


Fuel,   Ordinance   con- 

cerning,  . 

19 

Committee  on. 

73 

Finance,  Committeeon, 

72 

Furnaces,  &c.,  . 

50,58 

Faneuil    Hall   Market, 

34 

Fire  Department,  Com- 

mittee on. 

74 

officers  of,     . 

80 

account  of,    . 

82 

Fence  Viewers,  . 

83 

Field  Drivers,      . 

83 

Fiirther  time  to  report. 

7 

:  NT  s . 

HI 

I 

Internal  Health,  Com 

Page, 

mittee  on, 

■  74 

Industry,  House  of, 

84 

Instruction,  Pub., Com 

mittee  on, 

72 

Inspectors  of  Prisons, 

78 

J 

Joint    Standing    Com 

mittee's,    . 

72 

records  to  be  kept 

7 

Chairman  of, 

5 

to  report, 

7 

Journal,  by  Clerk, 

17 

Jail,  Committee  on. 

73 

Jailor,  Deputy,    . 

78 

Justices,  Police  Court, 

77 

K 

Keeper    of    Rainsford 
Island, 


Lunatic  Hospital,  Ordi- 
nance, 

Visiters,  &c., 

Laws,  recent. 

Licenses,     Committee 
on,  .... 

Lands,    Public,    Ordi- 


78 


26,34 
84 
46 

74 


84 

nance, 

28 

73 

Committee  on. 

72 

84 

Superintendent  of, 

80 

Lamps,  number  of,&c.. 

80 

84 

Lighters,  pay,&c.. 

80 

Committee  on. 

74 

83 

Superintendent  of, 

80 

26,34 

Lumber,  Surveyors  of. 

82 

84 

Lime,  Inspectors  of,    . 

83 

74 

Leather,  Measurer  of, 

83 

78 

83 

M 

83 

Motions  seconded, 

11 

13 

to  be  in  writing,    . 

13 

79 

Members,    rights    and 

duties  of, 

11 

,12 

IV 


CONTENTS. 


Page. 


Members,  not  to  speak 

more  than  once, 

13,15 

not  to  stand  up,     . 

14 

when  called  to  or- 

der, . 

12 

not    to    be    inter- 

rupted. 

12 

not  to  be  on  more 

than  two  Com- 

mittees,    . 

14 

not  to  be  named,  . 

12 

all  to  vote,    . 

15 

two  or  more  rising 

11 

Messages  to  Aldermen 

16 

Mayor,  vacancy  of, 

26 

No  choice  of, 

54 

Main  question,    . 

11 

Memorials,  &c., 

15,16 

Market  Ordinance, 

34 

Committee  on, 

74 

Clerk   and   assist- 

ants of, 

80 

Mahogany,    &c.,   Sur- 

veyors of, 

82 

Municipal  Court,  offi 

cers  of,     . 

76 

Minutes  to  be  kept. 

17 

Messenger  to  C.  C, 

72 

Meetings    of  Commit 

tees,  notice  of. 

17 

Marriages   and   Regis 

try  of. 

47 

Marshals.    City,    how 

chosen,  &c.,    . 

77 

N 

Non  concurrence. 

6 

Notice,  of   Repeal   o 

r 

Orders,  &c.,     . 

14 

of  adjournment. 

14 

to  Committees, 

15,17 

Newspapers   taken  b^ 

City, 

78 

Night  Police,       . 

78 

o 

Ordinances,  titles  of, 


Page. 
Ordinances,  reading  of,  16 
recent,           .         .  19 
to  be  enrolled,      .  16 
Committee  on,      .  74 
Orders,  titles  of,           .  7 
Opinions,  &c.,  title  of,  7 
Overseers  of  the  Poor,  85 
Obstruction  of  Streets,        23,  25 
Oak  Lumber,  &c.,  Sur- 
veyors of,         .         .  82 
Order,  questions  of,     .  9 
Officers,  election  of^     .  53 


Primary  Schools,         .  90 
Police  Department,     .  76 
Committee  on,      .  74 
Court,            .          .  77 
Officers,        .         .  77 
Night,            .         .  78 
Paving,  &c..  Commit- 
tee on,     .         .         .  74 
Prisons,  Inspectors  of,  78 
Physician,  Port,    how 

chosen,    ...  78 

Consulting,  .         .  79 

Pound  Keepers,  .         .  83 

Plurality  of  votes,—    .  9 
Personal    Estate,  valu- 
ation of,  .         .         .            104 
President   of  Council, 

Duties,  &c.,     .         .  9 
Absence  of,            .  9 
Substitution  of,     .  10 
Pro  tem.,      .         .  9 
to  call  to  order,     .  12 
Physicians, Consulting,  79 
.    Port,     ...  78 
Previous  Question,      .        11,  14 
Public  Buildings,  Com- 
mittee on,         .         .  72 
Superintendent  of,  80 
Lands,      Superin- 
tendent of,    .     .  80 
Committee  on,  .  72 
Printer,      City,     how 

chosen,  &c.,    .         .  78 


CONTENTS. 


Page. 

Printing,  Ordinance,   . 

44 

Commilee  on, 

73 

Pub.  Instruction,  Com- 

mittee on, 

72 

Penalties,     imposition 

of,    ...         . 

16 

a 

Questions  propounded 

11 

Under  debate, 

13 

Seconded,     . 

11 

Division  of, . 

14 

Q.uar'ine  Island,  keep 

er,    . 

78 

R 


Reduction   City  Debt, 

Committee  on, 

5 

Reports,  clerks  to  make 

copies. 
Resolves,  what  are,     . 

8 
7 

Records  of  J.  S.  Com- 

mittees,   . 

7 

Reports,  to  be  in  writ- 

ing, 

Joint,    . 

7 
7 

agreed  to  by  Com- 

mittee, 

17 

time  allowed, 

7 

18 

Rules  concerning. 

15 

16 

Reconsideration, 

13 

Reading  of  Papers, 

14 

16 

Repealing  of  Ordinan- 
ces, &c.. 

14 

Orders, 

14 

Real  Estate,  valuation 

of,    .          .          .         . 

104 

Resolutions,  two  read- 

ings,        . 

16 

Reformation,  House  of. 
Registry  of  Births,  tfec. 

46 

,84 
47 

Rules  and  Orders, 

9 

Suspension  of, 

14 

Repeal  or  amend- 
ment of,    . 
Reservoirs,  Committee 

14 

on,  . 

74 

Page. 
Rainsford  Island,  keep- 
er,   ...         .  78 


Standing   Committees, 

Joint,        .         .         .  3,  72 
of  Council,    .         .        15,75 

how  chosen,          .  5 

Members  of,          .  75 

Chairman  of,         .  5 
Meetings  of,  how 

called,       .         .  6 
of  Board  of  Alder- 
men,         .         .  74 
Rules,  &c.    .         .  14 
to  keep  Records,  .  17 
Sums  and  times,  votes 

on,  ....  11 
Suspension   of   Rules, 

&c.           ...  14 

Seats  of  Members,        .  16 

Special  Committees,    .  16 
Sewers     and     Drains, 

Ordinance,   .         .  22 
Committee  on,          .  74 
Sewers,  &c.,  Superin- 
tendent of,        .         .  79 
Salaried   OlBcers,  how 

chosen,     ...  17 
Solicitor,    City,    Ordi- 
nance,     ...  32 
when  chosen,       .  76 
Steam  Engines,  Ordi- 
nance,     ...  50 
Committee  on,      .  75 
Streets      and      Ways, 

Grading  of,      .          .  54 
Committee  on,      .  74 
Width  of,      .         .  55 
Obstructions  of,    .        23,  25 
Widening,     Com- 
mittee on,          .  74 
Superintendent  of,  79 
Surveyors     of    High- 
ways,       ...  79 
Staves,  &c.,  cullers  of,  83 


VI 


CONTENTS. 


Substitution    of   Presi- 
dent, 

Sealers  of  Weights  and 
Measures, 

Separate    consultations, 

Schools,  Public  Gram- 
mar, 

Primary, 


Transfers  of  Appropri- 
ations, 

Times  and  Sums,  votes 
on, 

Taxes,     asesssment   of, 
Ordinance, 

Treasury,  Department, 
Committee  on, 
Officers,  &c.. 

Titles    to    Ordinances, 
«fcc. 

Trucks,  &c.,  Superin- 
tendent of, 


Undertakers, 


U 


Votes,  one-third, 
two-thirds, 


Page. 
10 

83 

7 

85 
90 


7 
11 
27 

73 

75 

6,7 

77 

79 


Votes,  three-fourths,    . 

when  doubted, 
Votes,  of  all  required, 
Violation  of  Rules  and 
Orders,    . 

W 


Papp. 
14 
10 
14 

12 


Water  Commissioners, 

29 

Committee  on, 

73 

Ordinance,   . 

29 

Act,      . 

58 

Ward   Officers,  vacan- 

cy in,        . 

53 

Officers, 

98 

Ways      and      Streets, 

width  of. 

54 

Dedication  of. 

67 

Grading  of,   . 

54 

Widening           Streets 

Committee  on. 

74 

Watch,  Captain  of, 

78 

Wood,    &c ,     Measur- 

ers of, 

83 

Weights  and  Measures 

f 

Sealers  of. 

83 

Wards,  Boundaries  o; 

101 

Yeas  and  Nays, 


7,  10