4t~~~~ T IE CHARTER AND ORDINANCES OF THE CITY OF BOSTON, TOGETHER WITH THE ACTS OF THE LEGISLATURE RELATING TO THE CITY: COLLATED AND REVISED PURSUANT TO AN ORDER OF THE CITY COUNCIL, BY PELEG W. CHANDLER. B OSTON: JOHN H. EASTBURN, CITY PRINTER. 1850. CITY OF BOSTON. In Common Council, Feb. 14, 1850. Ordered, That Messrs. BROOKS, MINOT, and HASKELL, with such as the board of mayor and aldermen may join, be a committee to cause the revision and printing of all the city ordinances, with such other matters as they may deem expedient-and that said committee be authorized to employ such assistance as may be necessary, and that the expense thereof be charged to the appropriation for incidental expenses and miscellaneous claims. Sent up for concurrence. FRANCIS BRINLEY, President. In the Board of Mayor and Aldermen, Feb. 18, 1850. Read and concurred, and Aldermen ROGERS and GRANT were joined. JOHN P. BIGELOW, Mayor. At a meeting of the committee on the revision of the city ordinances, held March, 15, 1850, it was Voted, That PELEG W. CHANDLER, Esq.,.be employed to re-arrange, revise and prepare for publication, the city ordinances, in such manner as he may deem the interest of the city to require, with power to engage such assistance as he may need during the progress of the work. TVoted, That MeSsrs. ROGERS and MINOT be a committee to carry the above vote into effect. Attest, WM. G. BROOKS, Secretary. PREFACE. The necessity of revising and printing the city ordinances has long been felt by the city council; and commissioners, appointed in previous years for this purpose, have devoted more or less time to the subject. for reasons, however, which it is not necessary to state here, but little progress seems to have been made, up to the present year. Meanwhile, the old collection of ordinances being out of print, and great inconvenience being occasioned by that fact, the city council, in February last, appointed a committee, with instructions to cause the revision and printing of all the city ordinances, with such other matter as they might deem expedient, and they were authorized to employ such assistance as might be necessary. The committee subsequently employed the city solicitor to re-arrange, revise and prepare for publication, the city ordinances, in such manner as he might deem for the interest of the city, with power to engage such assistance as he might need during the progress of the work. Vi PREFACE. In accordance with these votes the present volume has been prepared. It contains (1) a summary or digest of all the acts of the legislature relating to the city of Boston, and of such general laws as it seemed to be desirable to insert; (2) the ordinances of the city; and (3) such notes, references to judicial decisions, and such historical statements, as were deemed necessary and proper. In regard to the legislative provisions, it has often been a difficult question to determine what acts of the legislature should be incorporated in the present volume. Of course, all the special laws now in force relating to the city should be inserted. As to the general laws, it was thought that no fixed rule could safely be adopted, but that each case should depend on a careful judgment, based upon all the facts and considerations affecting the case. Some statutes, although general in their form, are more particularly applicable to Boston than to any other part of the commonwealth. In others, there are specific duties to be performed in this city in a different manner from what they are required to be performed in other places; while there are other statutes so general and universal in their application, that it was thought best to insert them for that reason. In this department of the work there has been much difficulty and embarrassment from the fact, that when the general laws of the commonwealth were revised in 1835, there were a large number of special acts relating to the city of Boston, growing out of its peculiar wants, PREFACE. Viu condition and circumstances, which were not expressly revised or repealed, and the Revised Statutes provided that this city should continue to have and exercise all the powers and privileges, and be subject to all the duties and liabilities, mentioned in the act establishing the city of Boston, and in the several acts specially relating to said city. At the same time, the Revised Statutes contain many general provisions upon the same subjects that are included in the special laws relating to the city of Boston, which obviously supersede and were intended to supersede the special provisions. The same fact is more obvious in many subsequent statutes, where the legislature have made general provisions, in effect extending special acts to all the towns in the commonwealth. Whether a general act is to be deemed an implied repeal of a special prior act, is of course a question depending upon a careful comparison of the two acts. In the present volume, the principles laid down in the case of Brozwn v. City of Lowuell, (8 Metcalf's Rep. 172,) have been adopted as the rule of action. No special act has been regarded as repealed by implication by a general act, unless the latter contained strong terms upon which to found such a conclusion, and even then, such notes and references have been made as will enable the reader easily to examine the point for himself. It will be noticed that the statutes have not been inserted at length, but are presented rather in the form of a digested summary, although the language of the acts has been generally used. It would have been Viii PREFACE. much less laborious to insert the various statutes in chronological order, without undertaking to state precisely what the law now is, but it is obvious that this would have left a labor, always embarrassing and sometimes very difficult, to be performed by every person who should consult the work, in order to ascertain the present state of the law on a given subject. The City Charter, for instance, has been amended so often and in so many different parts, that it is necessary to consult several different acts of the legislature to find out what the present chartered rights and duties of the city are. Much trouble is saved by presenting a digested summary of the law as it now stands, the various amendments being all incorporated, and the original altered so as to correspond with the subsequent statutes. This course has been attended with considerable labor and constant liability to error; but all the statutes are so constantly referred to in the margin, and the notes are so frequent, that the means of correcting any error are always near at hand. It is hardly necessary to state in this connection, that this work is intended for popular rather than professional use; and members of the legal profession will not, of course, be content with any digest of the statutes, but will go to the originals, an examination of which this work is not intended to supersede, although it is hoped that it may be of some use to them in pointing the way. The ordinances contained in this volume have in general been recently revised and passed by the city coun PREFACE. ix cil. When the committee was appointed, it was their understanding, and they had reason to know that it was the understanding of the city council, that the volume should be printed during the present year. It was not supposed that there would be time for any thing like a general revision of the ordinances, which would necessarily require much labor, from the fact that there had been no general revision since 1833. But upon examination it was found that there were so many ordinances upon the same subjects; there had been so many alterations and amendments, repeals and partial repeals, that it was impossible to make any useful collection without revising and submitting many of the ordinances to the city council for its approval. This has been done with most of them, and in some instances important alterations have been made. In those instances where no alterations seemed necessary, the ordinances have been printed from the original records, with this difference, that where there are several on one subject, they are placed together and the sections numbered continuously as one ordinance; but in all cases the dates of the ordinances are given in the margin. When it is considered that the plan of this revision was not matured and the work itself was not actually commenced until the latter part of March last; that all the general and special laws relating to the city have been collated and digested, with notes and references to the leading decisions; that nearly all the old B X PREFACE. ordinances of the city have been revised; and that several new and important ordinances have been made, it will not be denied, probably, that the work has been printed as soon as could reasonably be expected. BOSTON, November, 1850. CONTENTS. PAGE. LIST OF ORDINANCES IN THIS VOLUME - - - xv LIST OF STATUTES CITED - - - xix TABLE OF CASES CITED XXV CITY CHARTER AND AMENDMENTS - - - - SEAL OF THE CITY - - 22 ACTIONS - - - - - - - - 23 ALIEN PASSENGERS - - - 24 AMUSEMENTS - 31 AUCTIONEERS - - - - - - - 32 BOATS AND LIGHTERS - - - 33 BOUNDARY LINES - - - - - - - 35 BRIDGES - - 45 BUILDINGS - - - - - - - - 55 CARRIAGES - - - - - - - 61 CHELSEA - - - - - -76 CHIMNEYS AND CHIMNEY SWEEPERS - 78 COMMON AND PUBLIC SQUARES - - - - 81 CONSTABLES - - - - - - - - 83 COURTS - - - - 85 CRIERS - - - - - - - - - 97 DEEDS - 98 Xi CONTENTS. PAGE. DOGS - - 99 EAST BOSTON - - - 103 ELECTIONS - - - - - 105 FANEUIL HALL - - - - - - - 107 FANEUIL HALL MARKET - - - - - - 108 FINANCE - - - - - - - - 118 FIRE - - - - - - - - - 124 FUEL - - - - - - -. - 142 FURNACES FOR GLASS - - - - - - 143 GUNPOWDER - - - 144 HARBOR - - - - - - - - - 152 HAWKERS AND PEDLERS - - - - - - 175 HAY AND HAY SCALES - - - - 180 HEALTH - - - - 185 HOUSE OF CORRECTION - - - - - - 215 HOUSE OF INDUSTRY - - - - - - 235 HOUSE OF REFORMATION - - - - - - 242 INTELLIGENCE OFFICES - - - - - - 249 LAMPS - - - - - - - - - 250 LEATHER - - - - - 251 LIBRARY - - - - - - - - 256 LICENSED HOUSES - - - - - - - 256 LUMBER - - - - - - - - 260 LUNATICS - - - - - - - - 265 MARSHAL - - - - - - - - 272 OFFICERS AND OFFICE HOURS - - - - - 274 ORDINANCES AND BY-LAWS - - - - - 275 OVERSEERS OF THE POOR - 280 PAUPERS - - - - - - - - 285 PILOTS - - - - - - - - - 296 POLICE OFFICERS - - - - - 301 PORTERS - - - - - - - - 302 CONTENTS. X111 PAGE. PRINTING. - 304 PUBLIC BUILDINGS - - - - - - - 305 PUBLIC LANDS - - - - - - - 309 RAILROADS - - - - - - - - 313 REGISTRY OF BIRTHS, MARRIAGES AND DEATHS - - 321 REWARDS - - - - - - - - 328 RIOTS - - - - - - - 330 SCHOOLS - - 335 SECOND HAND ARTICLES - - - - - - 350 SEWERS - - -. 353 SOLICITOR - - - - - - - 360 STEAM ENGINES AND FURNACES - - - - 362 STREETS - - - - - - - - 365 TAXES 395 TRUANTS - - - - - - - - 401 WARDS - - - 404 WVATCH - - - - - - - - - 408 WATER - - - - - - - - - 411 WEIGHTS AND MEASURES - - - - - - 430 WELLS AND PUMPS - - - - - - - 439 WOOD, BARK AND CHARCOAL - 441 REVISED ORDINANCES 445 APPENDIX. CITY CHARTER AND AMENDMENTS - - - 453 HEALTH LAW OF 1816 - - - - - 483 RULES OF THE HOUSE OF CORRECTION - 495 ORIGIN OF THE HOUSE OE INDUSTRY - - - 501 LIST OF ORDINANCES, CONTAINED IN THIS VOLUME. Page. 1. An ordinance to establish the city seal, passed January 2, 1823. - 22 2. An ordinance in relation to the care and superintendence of the Boston Free Bridge and the Boston South Bridge, passed May 6, 1850. - 54 3. An ordinance concerning buildings and reservoirs in the city. and for preventing trespasses on the same, passed November 14, 1833. 58 4. An ordinance in addition to an ordinance concerning buildings and reservoirs in the city, and for preventing trespasses on the same, passed May 16, 1850. -59 5. Rules and orders of the mayor and aldermen, respecting carriages, passed May 13, 1850. -64 6. An ordinance for the regulation of chlimneys and chimney sweepers, passed December 28, 1825. - -. 79 7. An ordinance in relation to the common, the public squares and public fountains of the city, passed May 13, 1850. - - - - 81 8. An ordinance prescribing the penalty of the bond to be given by the clerk of the police court and justices' court, passed June 17, 1822. - 97 9. An ordinance to regulate common criers, passed June 10, 1850. - 97 10. An ordinance providing for the execution of deeds and leases, and discharge of mortgages, on behalf of the city, passed November i8, 1833. - 98 11. An ordinance restraining the going at large of dogs within the city of Boston, passed June 4, 1850. - 102 12. An ordinance prescribing the form of warrants, and of the service thereof, passed December 27, 1826. -105 13. An ordinance providing for the appointment of a superintendent of Faneuil Hall, passed October 14, 1833. 107 14. An ordinance for the regulation of Fancuil Hall Market, passed October 26, 1846. 109 15. An ordinance in addition to an ordinance for the regulation of Faneuil Hall Market, passed May 30. 1850. 109 xvi LIST OF ORDINANCES. Page. 16. An ordinance establishing a system of accountability in the expenditures of the city, passed December 22, 1825. - - 119 17. An ordinance concerning the public loans and reduction of the city debt, passed March 10, 1834. 119 18. An ordinance providing for the more regular collection of debts due to the city of Boston, passed February 23, 1835. - - - 119 19. An ordinance further to provide for a system of accountability in the concerns of the city, passed July 27, 1835. -119 20. An ordinance in addition to an ordinance concerning the public loans and reduction of the city debt, passed December 28, 1840. - - 119 21. An ordinance establishing a fire department, and providing for preventing and extinguishing fires, passed June 4, 1850. (One section is printed on p. 81.) - 132 22. An ordinance in relation to firearms, fireworks, bonfires, and brick kilns, passed July 22, 1850. - 141 23. An ordinance regulating the purchase of fuel for the use of the city, passed May 8,1843. -142 24. An ordinance relating to the preservation of Boston Harbor, passed November 12, 1846. - - 174 25. An ordinance relating to the weighing of hay and other articles, passed August 20, 1850. - 183 26. An ordinance relating to the public health, passed August 20,1850. - 202 27. An ordinance respecting the house of reformation, (but not so entitled,) passed June 28, 1841. - 248 28. An ordinance regulating the survey and admeasurement of lumber brought into the city of Boston by water for sale, passed July 25, 1842. -260 29. An ordinance in addition to an ordinance regulating the survey and admeasurement of lumber brought into the city of Boston by water, for sale, passed July 25, 1842; passed December 31, 1847. - - 260 30. An ordinance relating to the Boston Lunatic Hospital, passed October 3, 1842, 270 31. An ordinance in addition to an ordinance relating to the Boston Lunatic Hospital, passed March 13, 1845.- 270 32. An ordinance in addition to an ordinance relating to the Boston Lu- natic Hospital, passed June 4, 1846. - -. 270 33. An ordinance providing for the appointment of a city marshal, and fixing his duties, passed September 12, 1850. - - 272 34. An ordinance in relation to city officers and office hours, passed September 9, 1850. - 274 35. An ordinance in relation to the ordinances and by-laws of the city, passed September 16, 1850. - - - - 278 36. An ordinance relating to printing, passed December 24, 1846. - - 304 37. An ordinance concerning the public buildings, passed July 1, 1850. - 306 38. An ordinance concerning the public lands, passed July 22, 1850 - 311 39. An ordinance providing for the appointment of a city registrar, passed September 9, 1850. 327 LIST OF ORDINANCES. XVii Page. 40. An ordinance providing for the election, and providing for the compensation of instructors in the public schools, passed March 24, 1822. - 350 41. An ordinance in addition to an ordinance providing for the election and compensation of instructors in the public schools, passed March 23, 1830. - 350 42. An ordinance concerning junk shops, and dealers in second hand articles, passed May 6, 1839. - - - - - - - - 352 43. An ordinance in relation to common sewers and drains, passed June 14, 1841. - 356 44. An ordinance in addition to an ordinance in relation to common sewers and drains, passed March 7, 1844. -356 45. An ordinance providing for the appointment of a city solicitor, and prescribing his duties, passed April 29, 1846. - - - 360 46. An ordinance in relation to streets, passed September 30, 1850. 382 47. An ordinance concerning the assessment and collection of taxes, passed October 24, 1850. 398 48. An ordinance concerning truant children and absentees from school, passed October 21, 1850. 403 49. An ordinance providing for a new division of the city into wards, passed June 24, 1850. - 404 50. An ordinance providing for the care and management of the Boston water works, passed October 31,1850. -. 424 51. An order providing for the appointment of two sealers of weights and measures, passed July 22, 1822. -.439 52. An ordinance for the repair and keeping in order the public wells and pumps, passed December 30, 1833. - - 439 53. An ordinance relating to the measuring of wood and bark, passed October 31, 1850. -. 444 54. An ordinance in relation to the revised ordinances, passed November 7, 1850. -. -. 445 LIST OF STATUTES, CITED IN THIS VOLUME. REVISED STATUTES. Page. Page. Chapter 15, sect. 66-80, - - 84 Chapter 1, sect. 2, - 153 sect. 81-84 - - 378 2, sect. 6, clause 6, 381 sect. 86, - 22 clause 17, 100, 101, " 16, - - - 238, 295 127, 129, " 17, - - - 409, 411 190, 253, " 18. 286, 321, sect. 1, 2, 9-22, - 131 337. sect. 3-8, 23, 127-129 3, - - - 20, 105 sect. 17, - - 127 " 4 - - - 105 "' 21, sect 12, - 5 sect. 2, - - 17 5, - - - - 105 sect. 3-49, - 190-200 sect. 1, - 20 sect. 10, 11, - 191, 363 sect. 11, - - 19 sect. 46, - 190 " 6, - - - 105 " 23, - - 337-341, 345, sect. 9, 18, - 19 347, 348, 7, - - - - 398 349. sect. 26, - - 396 sect. 63, 64, - 344 8, - - - - 398 " 24, - 369, 373, 378, 381 9,- 398 sect. 5, 54, 55, - 14 " 11, sect. 4, 5, - 154 sect. 54, - - 369 sect. 13, - - 342 sect. 55, - - 370 " 12, sect. 1, - - 301 sect. 56, - - 372 sect. 134,-136, 332, 335 " 25, - - - 378, 381 " 14, sect. 6, - - 373 sect. 7, - - 78 " 27, - - - - 355 sect. 10, - - 305 sect. 1, - 381,384 sect. 29, - 14, 305 " 28, sect. 31, 305 sect. 1-4, - - 252 sect. 34, - - 78 sect. 90, - 201 sect. 41, - - 96 sect. 92-94, - - 152 sect. 42, - - 97 sect. 95-98, - 180, 181, sect. 47, - - 17 184. 15, - - - 105, 398 sect. 120-132, 252-254 sect. 1-7, 43 sect. 141-155 - 265 sect. 12, - - 15 sect. 155, - - 260 sect. 15, - - 275 sect. 200-209, 441-443 sect. 33, - 84, 349, 441 " 29, sect. 13, 14, - - 32 sect. 38, - - 431 " 30, - - - 432 sect. 46, 47, - 321, 322 sect. 4, - 434 XX LIST OF STATUTES. Page. Page. Chapter 30, sect. 5, 8,12,13,14, 431 Chapter 130, sect. 17, - 335 sect. 15, - - 437 sect. 19, - - 200 sect. 16, - 434 sect. 21, - - 320 sect. 21-23, - 437, 438 " 131, sect. 25-27, - 438, 439 sect. 1-3, - 200 " 31, " 133, sect. 1-9, - 33, 35 sect. 14, - - 278 " 32, 136, sect. 11, 12, - - 300 sect. 2, - 88 sect. 15-24 - 296-299 " 143, - - - 238, 295 " 35, sect. 2-6, 11-51, 217-235 sect. 7, 8, - - 180 sect. 5, - 237, 243 " 36, " 145, - - - - 235 sect. 47, 48, - - 435 sect. 3, - - 278 " 39, sect. 63, 64, 66-69, 78-81, 314-320 ACT OF AMENDAMENT. sect. 45-86, - 320 sect. 1, - - 398 41, - - - 256 sect. 4, 13, - - 23, 24 45, - - 238, 286, 295 sect. 19, - - 235 46, - - - - 238 sect. 17, - 30 STATUTE. sect. 1-26,30-33, 286-294 1741, - - - 302-304 47, - - - - 259 1764, February 4, - - - 398 sect. 14-21, - 257-259 1772, April 23, and 25, - 280-282 48, - - - - 270 1773, June 29, - - - 251 sect. 15, 16, - 269, 270 1782, chapter 14, - - 368 " 51, sect. 1-4, - 62 " 46, - - 145, 146 58, 1784, " 53, - - - 53 sect. 4, - - 55 1785,; 75, - - - 15 sect. 5, 6, - - 141 1786, " 67, - - - 367 sect. 5-9 - - 131 " 87, - - - 37 sect. 7-9 - - 132 1787, " 54, - - 237, 243 sect.10-17, - 100-102 1790, " 4, - - - 153 75, - - 327 1791, " 62, - - - 53 sect. 18, - - 323 1792, " 7,. - - 150 80, " 21, - - 53 sect. 6-25, 27, 237-242 " 87, - - 53 " 82, - - - - 368 1793, " 59, - - 245-247 84, 1794, " 55, - 422 sect. 8, - 259 1795, " 8, - - 32 sect. 9, - 369 " 76, - - - 53 " 86, - - - 86-90 1796, 1, " - - 422 sect. 4, - 145, 277 32, - - 63 " 87, - - - - 90-96 " 69, - - 302, 398 sect. 3, - - 101 82, - - 408-410 sect. 4, - 277 1798, " 13, - - - 153 sect. 11, -. 377 1799, " 31, - - 63,367,369, sect. 16, - - 278 373-377 94, 41, - - - 53 sect. 54, - - 349 60, - - 431, 432 " 95, - - 88, 89 1801, " 20, - - - 150 sect. 3, - - 127 " 26, - - 408-410 97, sect. 22, - - 349 1802, " 7, - - 83, 396 118, " 44, - - 282-284 sect. 42, - - 278 1803, " 15,. - 397 " 126, " 35, - - 422 sect. 42, - - 60, 82 100 - - - 53 sect. 43, - - 251 " 111, - - 40, 41 " 129, - - - 330-333 " 113, - - - 46 LIST OF STATUTES. XXi Page. Page. S'rATUTr:. STXTUTE. 1803, chapter 114, - - - 382 1822, chapter 52, - - - 127 " 120, - - - 150 " 56,. - 236, 287 " 154, - - - 368 " 85, - - 15,895, 396 1804, " 3,. - - 382 1823, " 2, - - 14, 378 " 73, - - 867-369 " 53, - - 42, 284 1805, " 92, - - - 882 " 113, - - - 251 1806, " 88, - -.. 53 " 14. S, - - - lOS 1807, " 11, - - - 368 1824, " 26, - - - 53 " 57, - - - 868 " 28, - 9, 24, 216, 238 " 61, - - - 53 " 49, - 3~5,8, 9, 10, 17 " 125, - - - 153 " 90, - - - 42, 45 "!34, - - 83,397,398 " 115, - - - 50'~!37, - - 15;) 1825, " 3, - 250, 251:809, " 18, - - - 368 " 52, - - - 127'" 28, - - 63:375 " 128, - - - 43 " 112, - - - 53 " 147, - - - 48, 50 i810,:: 124, - - - 55 " 182, - 2t7,243-248 1811,'~ 81, - - - 868 1826, " 97, - - - 127 " 93, - - - 368 " 111, - - - 237 [813, " 143, - - - 146 1827, " 127, - - - 53 " 153, - - 42, 284 1828,': 128, - - - 127 " 171, - - - 284 1829, " 18, - - - 244 "!78, - - - 90 " 84, - - - 58 "!97, - - - 868 " 44, - - - 131 ~.814, " 39, - - 53, 2(tl': 119, - -. 46 "!65, - - - 84 1830, " 7, - - - 6, 7 1816, " 26, - - - 150 " 121, - - - 51, 52 " 40, - - - 53 1831, " 17, - - - 378 ": 44, - - - 190 " 38, - - - 18:: 90, - 368, 369, 377:' 46, - - - 52 1817, " 50, - 277,278,431-433': 52, - - - 127 "'71, - - 58, 129-131 " 65, - - - 76-78!818,:: 4, - - - 155 " 71, - - - 47 " 120, - - - 368 1832, " 41, - -. 153 1819: " 65, - - - 53 " 136, - - - 48:' 59, - - - 153': 166, - - - 13'" 75. - - - 53 " 170, - - - 53 I04. - - - 127 c: 1833, 1, - 355 "!32, - - - 32 " 62, - - 410~411 " 139, - - - 368 " 120, - - - 53 1820, " 47, - - - 150 " 126, - - 236, 238 " 79, - - 368, 371'" 128, - - 374, 391 1821, " 26, - - - 58 " 135, - - 42, 284'~: 31, - - - 58 " 151, - - 146-151'~' 51, - - 368 " 152, - - 103, 104 " 3 109, - - 77, 68, 371': 185, - - 881,882': 110, - 2-22, 32, 83, 84, " 219, - - - 53 129, 130, 145, 1834, " 39, - - - 153 146, 155, 187, " 65, - - - 382 188, 276, 302, " 102, - - - 41 304, 335, 340, " 131. - - - 53 367-369, 377,,c 151, - 216, 237, 243 395-397, 404, " 168, - - 155, 156 408, 410, 431, 1835, " 28, - - 42, 284 432. " 128, - - 18,839,840 6, 1822, 16, - - - 58 " 139, - - - 56-58 " 19, - - - 53 " 155, - - - 53 " 34, - - - 53 1836, " 37, - - - 37 " 41, - - 381 " 223, - - 235, 270 xxii LIST OF STATUTES. Page. Page. STATUTE. STATUTE. 1836, chapter 240, - - 181 1839, chapter 156, - 221, 223, 224, " 245, - - - 349 225, 235, 295 " 278, - - 320, 381 " 157, - - - 93 A resolve, of April 16, 1836, - 53 " 161, - - - 89, 146 1837, chapter 54, - - 238, 291 " 165, - - - 105 " 86,. - - 398 1S40, 1, - - - 259 " 99, - 150, 151 " 7, - - 349 " 147, - - - 349 " 15, - 227, 234, 235 " 157, - - 93, 235 " 35, - 156, 158-163 " 164, - - - 381 " 39, - 198, 199 166, _ - 439 59 - 105 " 176, - - 398 " 66, - - - 105 " 177, - - - 129' 74, - - 88 " 178, - - 290, 295 " 75, - 328, 329: 194, - 238, 291-293 " 76, - - 349 202, - - - 38 " 79, - - 91,267-269 " 217, - 93,235,237,238 " 83, - - 320 " 226, - - - 320 85, - - 320 " 227, - - 344,349 " 88, - - 154 " 228, - - - 270 " 92, - 332-335 " 229, - - - 174 96, - - - 29 233, - - - 32 1841, " 17, - - 344, 349 238, - - - 29 " 34, - - - 320 241, - - 346, 349 " 42, - - 349 " 242, - - 259 " 45, - - 299 244, - 192, 197, 198 58 - - 151, 152 1838, " 16, - - 42, 284' 60, - 160, 163, 164 " 21, - - 88' 69, - - - 320 30, - - 381 " 70, - - 105 " 31, - - 270 77, - - 270, 295 " 55, - - - 349 " 88, - - - 53 " 73, 270 1 " 96, - - 154 " 99, - - 320 1 105, - - - 381' 105, - 342, 344, 345,' 115, - - 354, 355 347, 349 " 116, - 238, 291,292, 294 " 123 - - 301! 119, 254, 255 131, 125, 320 131, - - 131 125, - 320 " 143, - 335 " 127 - 398 147, - - 92, 93 1842, " 22, - - 316 154, - 342, 349 " 34, - - 398 158, - 192, 198, 199 i 37, - - - 84 " 159, - - - 349 4, - - - 349 189, - - - 349 " 46, - - - 381 1839, " 42, - - 105 " 48, - - 53 " 53, - - 3511 59 - - 235, 278 54, - - - 333 " 60, - - 349 " 56, - 337, 349 " 86, - - 381 " 76, - - 320, 381 " 95, - - 324 " 79, - - - 154 9 96, - - 270 " 90, - - - 381 98, - - 118 C 111, - - 32,398 " 99, - - 105 131, - - 266, 267 " 100, - 235, 270 " 137, - - - 349 1843, " 7, - - - 86-90 138, - - - 131 " 10, - - 320 139, - - 398 21, - - 32,398 " 144, - - 378, 381 " 2 - - 93, 248 146, - 221, 223-225 " 61 - 89, 96, 225 149, - - - 270 65, - - - 270 LIST OF STATUTES. XXiii Page. Page. STATUTE. STATUTE. 1843, chapter 66, - 221,224,225 1846, chapter 219, - - 342,349 68, - - 320 " 222, - - - 381 " 70, - - - 381 " 223 - - 343-345 85, - - 349,398 " 244 - - 175-180 " 87, - - - 398 " 271, - - 316, 317 94, - - - 105 Resolves," 138, - - - 154 " 98, - - - 398 1847, " 21, - - - 381 1844, " 6, - - - 349 " 37, - - - 16 32, - - 342, 349 " 51 - - - 131 36, - - 32, 398 " 98, - - - 84 44, - - 87, 88, 90 " 104, - - - 91,335 58, - - - 356 " 109, - - - 153 " 78, - - - 105 " 132, - - - 57 90, - - - 32,398 " 137, - - - 348 " 102, - - 259 " 160, - - - 235 120, - - 235, 270 " 165, - - 235, 248 " 143 - - - 105 " 168, - - - 155 " 145, - - - 398 " 181, - - - 320 146, - 238, 270,292 " 183, - - - 346 147, - - - 398 " 208, - - 87, 91, 93, 152, - - - 131 244,248 " 159, - - 322-324 " 224, - 63, 277 376,377 " 160, - - - 259 " 226, - - - 398 165, - - - 398 " 229, - - - 17 " 167, - - - 20, 105 " 234, - - - 171 168, - - - 299 " 242, - - 433-436 1845, " 70, - - - 84 " 246, - - 181-183 76, - - - 29 " 250, - - 310, 311 100, - - - 349 " 254, - - - 381 " 117, - - - 155 " 262, - - 14, 277 157, - - - 349 " 264, - - - 32 " 190, - - - 398 " 278, - - 164-166 191, - - - 320 " 279, - - 299-301 197, - - 362-364 1848, " 10, - - - 349 " 214, - - - 349 " 29, - - 231, 235 " 217, - 4, 7-9, 11, 19, " 33 - - - 419 21 105 " 35, - - - 105 " 220, - - - 413 " 37, - 309, 310 221, - - 227, 235 " 52, - - 256 236, - - 378, 379 " 98, - - - 381 237, - - - 131 " 119, - - 197 1846, " 11, - - - 235 " 120, - - - 53 16, - - - 153 " 123, - - 381 36, - - - 381 " 140 - - - 320 50, - - - 11 " 166, - - - 398 62, - - - 277 " 173 - - - 347 " 78, - - - 235 " 192, - - - 381 88, - 235, 238, 295 " 235, - - 398 " 94, - - - 256 " 237, - - 349 96, - - 143, 144 " 240, - - 105 97, - - - 320 " 247, - - 238, 293 99, - - 349 " 270, - - 249, 250 " 127, - - 78 " 274, - - 349 146, - - - 53 " 276, - - - 235 " 167, - 413-424 " 278, - - 58 190, - - - 320 " 279, - - - 349 " 195, - - - 398 " 283, - - - 349' 203, - - 379, 380 " 291, - 235, 238, 295 " 206, - - - 155 " 308, - - - 35 Xxiv LIST OF STATUTES. Page. Page. STATUTE. Page. STATUTE. 1848, chapter 313, - - 25,28,29 1849, chapter 222, - - 319, 320 311, - - 172-174' 931, - - - 13,31 "20, - - - 270 1850, " 5, - - - 381 324, - 230, 235 " 25, - - 443 327, - 320 " 40, - 53 332 - - 436, 437 41, - - 345 1849, " 31, - - 92 " 42, - - - 32 34, - 28 " 44, - - 320 45 - - 154 " 57, - 398 " 59 -91,335, 349 " 79, - - 398 62, - - 349 " 98, - - 398 " 65, - - 346 " 105 - - 27-30 66, - 238, 290 " 108, - - - 194 68 - - - 270 " 112, - - - 248 74, - 234, 2370 " 115, - - 340, 349 81, - - - 349 " 121, - - 326,327 106, - - - 52 " 150, - - - 270 " 109, - - - 53 " 165, - - - 131 117, - - 343,345 " 167, - - - 3,404 " 131, - - - 320 " 179, - - - 345 132, - - - 91,92 " 185, - - - 278 133, - - 380,381 " 186, - - - 411 137, - - - 93 " 200, - - - 371 138, - - - 32 " 202, - - - 381 139, - - - 365 " 213, - - - 349 143, - - - 443 " 216, - - 156, 157 144, - - - 347 " 218, - - - 398 149 - - - 398 " 229, - - - 349 150, - - - 201 " 232, - - - 259 151, - 238, 294, 295 " 245, - - - 100 153, - - - 320 " 257, - - - 53 159, - - - 318 " 262, - 126-131,145,146 161, - - 320 " 267, - - - 398' 172, - - - 320 " 274, - - - 338 187, - 417-419, 423 " 275, - - - 63 " 191, - - - 320 " 276, - - - 398 200, - - - 371 " 277, - - 364,365 c 201, - - - 423 " 280, - - - 57, 58 202, - 322, 324-326 " 281, - - 38, 39, 44 " 204, - - 166-170 " 286, - - - 349 " 206, - - - 349 292, - - - 30 " 207, - - - 295 " 294, - 349, 402,403 " 209, - - - 347 " 301, - - - 349 211, - 17, 188-191,199 " 308, - - - 398 213, - - - 398 " 316, - - - 418 " 215, - - - 349 " 317, - 160,164,170,171 220, - - - 349 Resolves," 27, 111, - - 174 TABLIE OF CASES, CITED IN THIS VOLUME. PageAllen, Commonwealth v., 11 Mete. 403, 62 Allen v. Taunton, 19 Pick. 485, - - - - - - - 15 Arnesby, King v., 3 B. & Aid. 584, 242 Attleborough, Seekonk v., 7 Pick. 155, 289 Austin v. Murray, 16 Pick. 121, - - - 201, 212, 276 Bainbridge, United States v., 1 Mason, 78, - - 242 Baird, Commonwealth v., 1 Ashmead, 267, - 242 Baker v. Boston, 12 Pick. 184, - 17, 188 Bancroft v. Lynnfield, 18 Pick. 566, - 16 Barnicoat v. Gunpowder, Thach. Crim. Cas. 596, - 148, 1 Mete. 225, - 148, 150 Belcher v. Johnson, 1 Metc. 148, -93 Belcher, Wales v., 3 Pick. 508, - 93 Boston, Baker v., 12 Pick. 184, - - 17, 188 ---, Bowman v., S. J. C. March T. 1849, 41, Brooks v., 19 Pick. 174, - - 371, Commonwealth v., 16 Pick. 442, -41, 369, Crockett v., S. J. C. Nov. T. 1850, -370, Freeman v., 5 Metc. 56, - - 329 Ha, ncock v., 1 Mete. 122, -370.-., Loring v., 7 Mete. 409, - - 329 Meads v., S. J. C. Nov. T. 1849, - 329, Norris v., 4 Metc. 282, - - 27 -, -------—, 7 How. U. S. 283, -. 27 -—, Parks v., 8 Pick. 218, - - 369, 370 -, -, 15 Pick. 198, -370, 371 Patterson v., 20 Pick. 159, 371, 372 -, -- -, 23 Pick, 425, 372, 373 P —-, oole v., S. J. C. Nov. T. 1849, - - 329, Roberts v., S. J. C. March T. 1850, -. 340, 349, Stone v., 2 MIetc. 220, - - -13, 369 Boston v. Brazer, 11 Mass. 447, - 368 - Schaffer, 9 Pick. 415, -. 13, 31 - Shaw, 1 Metc. 130, - - - 277, 354 Weston, 22 Pick. 211, - - - 221 Bowes v. Tibbets, 7 Greenl. 457, - - - 238 D TABLE OF CASES. Page. Bowman v. Boston, S. J. C. March T. 1849, 41 Brazer, Boston v., 11 Mlass. 447, - - 368 Brien v. Commonwealth, 5 Metc. 508, - - - - - - 86 Brimmer, Pike v., 9 Law Iteporter, 221, - 387 B3rooks v. Boston, 19 Pick. 174, 371:Brown v. Lowell, 8 Metc. 172, - 373 Brown, Yates v., 8 Pick. 23, - 300 Butler C. ilubbard, 5 Pick. 250, - - - - - - - - 238 Charleston, Zylstra v., 1 Bay. 382, - 276 Clark v. Commonwealth, 4 Pick. 125, 62 Colburn v. Swrett, 1 Mete. 232, - - - - 148, 150 Commonwealth, Brien v., 5 Metc. 508, - - 86 -—, Clark v., 4 Pick. 125, - - - - - - - 62 Hopkins, v., 3 Metc. 460, - - - 87 Commonwealth v. Allen, 11 Metc. 403, - - - 62 ___-_ _ - 5Baird, 1 Ashmead, 267, - - - 242 -- oston, 16 Pick. 442, - - 41, 369 Dorr, 10 Metc. 382, - 100, 101, 102, 276 D- ugan, 12 MIete. 233 - - - - - - 301 - Fahey, S. J. C. March T. 1850, - - - - 189 Gammons, 23 Pick, 201, - - - - - - 62 Gay, 5 Pick. 4, - - - - - - - 277 -- -- lastings, 9 Mete. 259, - - - - - - 302 _-___ _ — James, I Pick. 375, - - - - - - - 2 Jenkins, I'hac h. Crim. Cas. 118, - - - 330 - liliips, 1 I Pick. 28, - - - - 87 R ice, 9 Metc. 253, - - - - 110, 112 Ricketson, 5 Metc. 41 2, - - - - 299, 300 Robertson, S. J. C. March T. 1850, - - - - 73 Runnels, 10 Mass. 518, - - - - - - 330 Stodder, 11 La.w Rep. 547, - - - - - 63 Tewksbury, 11 Mete. 55, - - - - - 155 Thompson, 12 Metc. 231, - - - - - 130....- Tracy, 5 Met. 536, - - - - 330 Turner, 1 Cusli. 493, - - - 277 Webster, S. J. C. March T. 1850, - - - 88 Worcester, Thach. Crim. Cas. 100, - 72, 74, 275-278, 391 - -- -, 3 Pick. 462, - 72, 74, 275-278, 391 Congdon, Reidell v., 16 Pick. 44, - -238 Crockett v. Boston, S. J. C. Nov. T. 1850, - -370 Cummings v. Perham, 1 Metc. 555, - - 100 Cunimiskey, Shaw v., 7 Pick. 76, - - 188, 191, 200 Cushman, Greenfield v., 16 Mass. 393, - - 290 Day v. Everett, 7 Mlass. 145, - - - 242 Dearborn, Fales v., 1 Pick. 345, - - 62 Deerfield v. Delano, 1 Pick. 465, - - - 290 Dorr, Commonwealth v., 10 Mete. 382, 100,101, 102, 276 Dugan, Commonwealth v., 12 Mete. 233, - 301 Ellis, Garey v., 1 Cush. 306, - 156 Eflsworth, Rumney v., 4 N. H. 138, - - 238 Emerson, Hinckley v., 4 Cowen, 351, - - 101 Emery, Sanford v., 2 Greenl. 5, - - 290 Everett, Day v., 7 Mass. 145, - - 242 Fay, petitioner, 15 Pick. 243, - - 13 Fahey, Commonwealth v., S. J. C. March T. 1850, 189 Fales v. Dearborn, 1 Pick. 345, - - - 62 Freeman v.'Boston, 5 Mete. 56, - - 329 TABLE OF CASES. XXVIl Page. Gammons, Commonwealth v., 23 Pick. 201, - 62 Garey v. Ellis, 1 Cush. 306, - - - - 156 Gay, Commonwealth v., 5 Pick. 44, - - 277 Goddard's case, 16 Pick. 504, - 369, 393 Goshen, Parsons v., 11 Pick, 396, - 16 Greenfield v. Cushman, 16 Mass. 393, - -- 290 Gunpowder, Barnicoat v., Thach. Crim. Cas. 596, - 148 --—, 1 Metc. 225, - - 148, 150 -- — ~ —, Trueman v., Thach. Crim. Cas. 14, - - - 147, 148, 150 Hancock v. Boston, 1 Mlete. 122, - 370 Hardy v. Waltham, 3 Mete. 163, -1 - 15 Hartwell v. Littleton, 13 Pick. 229, - - 341 Hastings, Commonwealth v., 9 Mete. 259, - 302 Hill v. Wells, 6 Pick. 104, 87, 90, 93 Hilton, Martin v., 9 Mete. 371, - - - - - - - 296, 300 Hinckley v. Emerson, 4 Cowen, 351, - - 101 Hopkins v. Commonwealth, 3 Mete. 460, - 87 H-Joward v. Savannah, Charlt. (Geo.) 173, - 276 Hubbard, Butler v., 5 Pick. 250, - - - 238 Hunt v. Mickey, 12 Mete. 346, - * 298, 300 James, Commonwealth v., 1 Pick. 375, - 2 Jaquith v. Richardson, 8 Mete. 213, - 62 Jenkins, Commonwealth v., Thach. Crim. Cas. 118, - 330 Johnson, Belcher v., 1 Metc. 148, - - 93 Jones, Rogers v., 1 Wend. 260, - - - 276 Kempton, Stetson v., 13 Mass. 272, - - 15 Kimball, Pierce v., 9 Greenl. 54, - - - - 260 King v. Arnesby, 3 B. & Ald. 584, - 242 Littleton, Hartwell v., 13 Pick. 229, - - -341 Loring v. Boston, 7 Mete. 409, - - 329 Lowell, Brown v., 8 Metc. 172, - -. 373 —, Spaulding v., 23 Pick. 71, - 15 Lynnfield, Bancroft v., 18 Pick. 566, - 16 Martin v. Hilton, 9 Mete. 371, - 296, 300 McDowle's case, 8 Johns. 328, - - 242 Meads v. Boston, S. J. C. Nov. T. 1849, - 329 Mickey, Hunt v., 12 Metc. 346, - 298, 300 Milford, Nelson v., 7 Pick. 18, - - 16 -, Worcester v., 18 Pick. 379, - 269 Morse, Reidell v., 19 Pick. 358, - 238 Murray, Austin v., 16 Pick. 121, 201, 212, 276 Nelson v. Milford, 7 Pick. 18, - 16 Newburyport, Willard v., 12 Pick. 227, - 16 New Salem v. Wendell, 2 Pick. 341, - 288 Nightingale's case, 11 Pick. 168, 171, - -- - 110 Norris v. Boston, 4 Mete. 282, - - 27 --, 7 How. U. S. 283, - 27 Overseers of the Poor v. Sears, 22 Pick. 122, - 17, 280 Parks v. Boston, 8 Pick. 218, 369, 370 -, 15 Pick. 198, - 370, 371 Parsons v. Goshen, 11 Pick. 396, - - 16 Patterson v. Boston, 20 Pick. 159, - -- 371, 372 Xxviii TABLE OF CASES. Page. Patterson v. Boston, 23 Pick. 425, 372, 373 Payne, Putnam v., 13. Johns. 312, -101 Perham, Cummings v.. 1 Mete. 555. 100 Phillips, Commonwealth v., 11 Pick. 28, - -87 Pierce v. Kimball, 9 Greenl. 54,....... - 260 Pike v. Brimmer, 9 Law Rieporter, 221,- 387 Poole v. Boston, S. J. C. Nov. T. 1849,-. 329 Powers v. Ware, 2 Pick. 451, - 238, 241 Putnam v. Payne, 13 Johns. 312, - - 101 Reidell v. Congdon, 16 Pick. 44, - 238... — Morse, 19 Pick. 358, 238 Rice, Commonwealth v., 9 Mete. 253, -110, 112 Richardson, Jaquith v., 8 Mete. 213, - 62 ]licketson, Commonwealth, v., 5 Mletc. 412, - - - - - 299, 300 Robbins v. Weston, 20 Pick. 112, - 221 Roberts v. Boston, S. J. C. March T. 1850, - 340, 349 Robertson, Commonwealth v., S. J. C. March T. 1850, - 73 Rogers v. Jones, 1 Wend. 237, 260, - -276 Rumney v. Ellsworth, 4 N. H. 138, - - - - 238 Runnells, Commonwealth v., 10 MIass. 518, - - - 330 Sanford v. Emery, 2 Grccnl. 5. 290 Savannah, Howard v., Charlt. (Geo.) 173, - - 276 Sawtell's case, 6 Pick. 110, - 94 Schaffer, Boston v., 9 Pick. 415, - 13, 31 Sears, Overseers of the Poor v., 22 Pick. 122, 17, 280 Seekonk v. Attleborough, 7 Pick. 155, - 289 Shaw, Boston v., 1 Mete. 130, - - 277, 354 Shaw v. Curnmiskey, 7 Pick. 76, - 188, 191, 200 Smith v. Turner, 7 How. U. S. 283,- - -27 Spaulding v. Lowell, 23 Pick. 71, - - 15 Stetson v. Kempton, 13 Mass. 272, - 15 Stodder, Commonwealth v., 11 Law Rep. 547, - 63 Stone v. Boston, 2 Mete. 220, - 13, 369 Swett, Colburn v., 1 Metc. 232, - 148, 150 Taunton, Allen v., 19 Pick. 485, - 15 Tewksbury, Commonwealth v., 11 Mete. 55, - -155 Thompson, Commonwealth v., 12 Mete. 231, - 130 Tibbets, Bowes v., 7 Greenl. 457, - - 238 Tracy, Commonwealth v., 5 Mete. 536, - 330 Trueman v. Gunpowder, Thach. Crim. Cas. 14, 147, 148, 150 Tukey, Wright v., S J. C. March T. 1849, - - 41 Turner, Commonwealth v., 1 Cush. 493, - - 277, Smith v., 7 How. U. S. 283, - - - 27 United States v. Bainbridge, 1 Mason, 78,, - - - - - - 242 Vandine's case, 6 Pick. 187, - -- 206, 276 Wales v. Belcher, 3 Pick, 508, - - 93 Waltham, Hardy v., 3 Mete. 163, - - - 15 Ware, Powers v., 2 Pick. 451, - 238, 241 Ware v. Wilbraham, 4 Pick. 45, - - 289 Webster, Commonwealth v., S. J. C. March T. 1850, - 88 Wells, Hill v., 6 Pick. 104, — 87, 90, 93 Wendell, New Salem v., 2 Pick. 341, - 288 Weston, Boston v., 22 Pick. 211, - - 221, Robbins v., 20 Pick. 112,. -221 TABLE OF CASES. Mix Page. Wilbraham, Ware v., 4 Pick. 45, - 289 Willard v. Newburyport, 12 Pick. 227, - 16 Worcester, Commonwealth v., Thach. Crim. Cas. 100, - 72, 74, 275-278, 391, 3 Pick, 462, - 72, 74, 275-278, 391 Worcester v7. Milford, 18 Pick. 379, - 269 Wright v. Tukey, S. J. C. March T. 1849, - - - - 41 Yates v. Brown, 8 Pick. 23, - - 300 Zylstra v. Charleston, 1 Bay, 382, - - 276 CITY CHARTER AND ORDINANCES, AND STATUTES RELATING TO TIHE CITY OF BOSTON. ERRATA. On page 22, in the margin, for " R. S. 16," read "R. S. 15." On page 75, in the 22d line, strike out the second " not." On page 93, in the note, add a reference to Rev. Stat. c. 141, ~~ 6, 7, 8. On page 172, in the 3d, 14th, and 20th lines of the margin, for "Ibid," in each case, read' 1847, 234." On page 276, in the 3d line of the note, for "Dofr," read "Dow." On page 301, in the 2d line of the note, for 1835, read 1838. On page 341, in the 21st line of the margin, for "R. S. ~ 20," read' R. S. 23, ~ 20"; and, in the 271th line of the margin, for' 3 20," read'~ 21." On page 366, second column, 2d line, for " assistants,"' read "aa assistant." On page 568, in the 39th line, for " only," read "evenly." CITY OF BOSTON. CITY CHARTER AND AMENDMENTS. 1. Corporate name and general 12. Death or resignation of alderpowers. Power to amend the men. charter. To be adopted by 13. Vacancy in board of aldermen, the citizens. common council, or other offi2. City council and other city ces. officers. 14. Election of common council. 3. Division into twelve wards. No choice. Adjournment. CerEach ward to include an equal tificate of election. Council number of voters. shall decide questions of elec4. Annual municipal election. tions, &c. Warden and clerk. Absence 15. Qualifications of voters at muof warden or other officers. nicipal elections. Inspectors. Warden, clerk, and 16. Commencement of municipal inspectors to be under oath. year. Oath of office. 5. Power of warden to preserve 17. Mayor and aldermen to comorder. Provisos. pose one board. City clerk. 6. Election of mayor. No choice. His powers and duties. Decease, inability, or absence 18. Common council a separate of mayor. body. President. Clerk. Sit7. Proceedings in case of no choice tings to be public. Quorum. of mayor before the commence- 19. Compensation of the mayor. ment of the municipal year. His powers and duties. 8. Refusal of mayor elect to ac- 20. Powers and duties of mayor cept. Absence of mayor elect. and aldermen. 9. Proceedings in case no mayor 21. May license theatrical exhibiis chosen, or a full board of tions, &c. aldermen is not elected. In 22. May be chosen surveyors of case neither a mayor nor any highways. alderman is elected. 23. May have the powers of coun10. Who is to discharge the duties ty commissioners, except, &c. when no mayor is elected. 24. Powers of city council. By11. Election of aldermen. laws. Provisos. Assessment of 1 2 CITY CHARTER AND AMENDMENTS. taxes. Proviso. Collection of 32. City officers held to discharge taxes. Assessors to be chosen. their duties notwithstanding reBonds, &c. may be required. moval into other wards. 25. City council may provide for 33. Elections of national and state the appointment of city officers. officers. Examination and reRegister of deeds. Care and turnofvotes. Certificate. Procustody of city property. Pow- ceedings in case representatives er to purchase property. are not chosen. 26. Board of health. City treas- 34. Mayor and aldermen to make urer. lists of voters prior to every 27. Overseers of the poor. election. Inspectors to allow 28. School committee. no one to vote whose name is 29. Accountability of all boards not on the list. and officers for public money. 35. Duties of ward officers at all Annual financial statements. elections. 30. Mayor may nominate certain 36. General meetings of the citizens. officers. Members of city coun- 37. Warrants for meetings to be cil not eligible to salaried office. issued by mayor and aldermen. 31. Number of representatives to 38. City of Boston to have all the general court. Members of powers, &c., conferred by charcity council to hold no other ter, &c. office, &c. Corporate name I. By an act of the legislature of Massachusetts, and general powers. passed on the twenty-third day of February, eighteen hun1821, 10, dred and twenty-two,' it was provided that the inhabitants of the town of Boston for all purposes, for which towns were by law incorporated in this commonwealth, should continue to be one body politic, in fact and in name, under the style and denomination of the City of Boston, and as such should have, exercise and enjoy, all the rights, immunities, powers and privileges, and should be subject to all the duties and obligations, then incumbent upon and apperPower to amend taining to said town, as a municipal corporation. The legisthe charter. Ibid, ~ 30. lature reserved the right to amend or alter this act whenever they might deem it expedient; and it was to be void To be adopted by unless the inhabitants of the town at a legal meeting should the citizens. Ibid, O 31. determine to adopt the same within twelve days. It was Boston Records, vol. 10, p. 457. adopted on the fourth day of March in the same year, and 1 Pick. Ite., 375. the town immediately became a city. 1 The act establishing the city of Boston was passed February 23, 1822, but is to be found and is properly cited as the stat. of 1821, ch. 110. For the act as originally adopted, and some of the principal acts of amendment, see the appendix to this volume. CITY CHARTER AND AMENDMENTS. 3 II. The administration of all the fiscal, prudential, and Citycouncil and municipal concerns of the city, with the conduct and govern- cc s. offi ment thereof, is vested in one principal officer, to be styled the 1821, 110, O 1. mayor, one select council, consisting of eight persons, to be denominated the board of aldermen, and one more numerous council to consist of forty-eight persons, to be denominated the common council; which boards in their joint capacity are denominated the city council-together with such other board of officers as are hereinafter specified. III. By the second section of the city charter it was Division into twelve wards. made the duty of the selectmen of Boston, as soon as might 18-1, 10o, w 2. be after the passing of the act, to cause a new division of the town to be made into twelve wards, in such manner as to include an equal number of inhabitants in each ward, as nearly as conveniently might be, consistently with well defined limits; including, in such computation of numbers of inhabitants, persons of all descriptions, and taking the last census, made under the authority of the United States, as a basis for such computation. Power was given to the city council, from time to time, not oftener than once in ten years, to alter such divisions of wards, in such manner as to preserve, as nearly as might be, an equal number of Each ward to include an equal inhabitants in each ward. This last provision has recently number of been amended, to the effect, that the division of the city 1850, 167, 1. (Adopted by city into wards is to be so made as to include an equal number council, April 29, 1850. City of legal voters in each ward. Records, vol. 28, p. 160.) IV. On the second Monday of December annually, the Annual Municipal election. citizens qualified to vote in city affairs are required to meet 1811, o1 l0,t 3. 18P4, 49, (N 1. within their respective wards, at such time and place as (Adopted by the inhabitants, Feb. the mayor and aldermen may by their warrant direct and 2s5, l825. Boston appoint; and the said citizens shall then choose by ballot ps, vol. 10, one warden and one clerk, who shall be resident in said Warden and ward, who shall hold their offices for one year, and until others are appointed in their stead. It shall be the duty of the warden to preside at all meetings of the citizens of the ward and to preserve order therein. It shall be the duty of the clerk to make a fair and true record, and keep 4 CITY CHARTER AND AMENDMENTS. an exact journal of all the acts and votes of the citizens, at the ward meetings; to deliver over such records and journals, together with all other documents and papers held by him, in his said capacity, to his successor in office. In case Absencen or f,va- of the absence of the warden at the opening of any annual ficers. meeting it shall be the duty of the clerk to call the citizens to order and preside until a warden is chosen by ballot. 1 If at any other meeting the warden be absent, the clerk is to preside until a moderator or warden pro tempore shall be chosen, which may be done by nomination and hand 14do, 2te7,d 3city vote if the clerk so direct. The act of 1845, ch. 217, ~ council, oyct. 6, 3, provides, however, that in case of the absence of any or 1845. City Reh cords, vol. 23,.P either of the ward officers, at any meeting for elections, or other purposes, such office may be filled, pro tempore, by the legal voters present, which may be done by nomination and hand votes, if the voters present so determine. At the Inspectors. same meeting five inspectors of elections are to be chosen for the ward, being residents therein, by ballot, to hold their offices for one year. It shall be the duty of the warden and inspectors in each ward, to receive, sort, count and declare all votes, at all elections within such ward. Warden, clerk And the warden, clerk, and inspectors, so chosen, shall and inspectors respectively be under oath, faithfully and impartially to to be under oath. discharge their several duties, relative to all elections; which oath may be administered, by the clerk of such ward, to the warden, and by the latter to the clerk and inspectors, or by any justice of the peace of the county of Suffolk; and a certificate of such oath's having been administered shall be entered in the record or journal, to be kept by the clerk of such ward. Power of war- V. The warden, or other presiding officer of a ward meetden to preserve 1821r110, 4 ing, shall have full power and authority to preserve order and decorum therein, and to repress all riotous, tumultuous, and disorderly conduct therein, and for that purpose to call 1 This was the original provision in the charter, but the fair inference from the act of 1845, ch. 217, ~ 3, which is incorporated in the text, is, that any ward office in case of absence may be filled pro temspore, by nomination and hand vote, if the voters present so determine. CITY CHARTER AND AMENDMENTS. 5 to his aid, any constable, or other peace officer, and also to command the aid and assistance of any citizen or citizens, who may be present; and any peace officer, or other citizen, neglecting or refusing to afford such aid, shall be taken and deemed to be guilty of a misdemeanor. The warden shall also have power and authority, by warrant, under his hand, to cause any person or persons who shall be guilty of any riotous, tumultuous, or disorderly conduct at such meeting, to be taken into custody, and restrained: Pro- Provisos. vided, however, that such restraint shall not continue after the adjournment or dissolution of such meeting: And Provided, further, that the person, so guilty of such disorderly conduct, shall be liable, notwithstanding such restraint, to be prosecuted and punished, in the same manner, as if such arrest had not been made. VI. The citizens qualified to vote in city affairs, atElection of mayor. their respective ward meetings, to be held on the second Ibid, ~ 5. Monday in December annually, shall be called upon to give lAdopted by inin their votes for one able and discreet person, being an in- 25, 1825. Boston Records, vol. 10, habitant of the city, to be mayor of said city, for the term p. 505 1.) of one year. And all the votes so given in, in each ward, being sorted, counted, and declared by the warden and inspectors of elections, shall be recorded at large, by the clerk, in open ward meeting: and in making such declaration and record, the whole number of votes or ballots, given in, shall be distinctly stated, together with the name of every person voted for, and the number of votes given for each person respectively; such numbers to be expressed in words at length; and a transcript of such record, certified and authenticated by the warden, clerk, and a majority of the inspectors of elections for each ward, shall forthwith be transmitted or delivered by such ward clerk, to the clerk of the city. And it shall be the duty of the city clerk, forthwith to enter such returns, or a plain and intelligible abstract of them, as they are successively received, upon the journal of the proceedings of the mayor and aldermen, or some other book to be kept for that purpose. And it shall be the duty of the mayor and aldermen to meet to 6 CITY CHARTER AND AMENDMENTS. gether, within two days after such election, and to examine and compare all the said returns, and to ascertain whether any person has a majority of all the votes given for mayor; and in case a majority is so given, it shall be their duty to give notice thereof, in writing, to the person thus elected, and also to make the same known to the inhabitants of said No choice. city. But if, on such an examination no person appears to have a majority of all the votes given for mayor, the mayor and aldermen for the time being, shall issue their warrants for meetings of the respective wards, for the choice of a mayor, at such time and place, as they shall judge most convenient; and the same proceedings shall be had in all respects, as are herein before directed, until a mayor shall be chosen by a majority of all the voters, voting at Decease, ina- such elections. And in case of the decease, inability, or bility or absence of mayor. absence of the mayor, and the same being declared and a vote passed by the aldermen and common council, respectively, declaring such cause, and the expediency of electing a mayor, for the time being, to supply the vacancy thus occasioned, it shall be lawful for the aldermen and common council to meet in convention, and elect a mayor to hold the said office until such occasion shall be removed, or until a new election. Proceedings in VII. Whenever, on examination by the mayor and case of no choice of mayor before aldermen of the returns of votes given for mayor at the the connemmnce-,, t of ie ra- meetingrs of the wards holden for the purpose of electing nicipal year.:,30, 7,,, A that officer, last preceding the first Monday of January, in (Adopl)td by citizens, June 16, each year, no person shall appear to have a majority of all Records, vol 10,o, the votes given for mayor, the mayor and aldermen, by p. 516.) whom suchG examination is made, shall make a record of that fact, an attested copy of which it shall be the duty of the city clerk to produce and read, on the first Monday of January, in the presence of the members returned to serve as aldermen and common councilmen; and thereupon the oaths prescribed by law may be administered to the members elect, by any one of the justices of the supreme judicial court, or any judge of any court of record holden in said city, or by any justice of the peace for the county of Suf CITY CHARTER AND AMENDMENTS. 7 folk; and thereupon the members of the board of aldermen shall proceed to elect a chairman, and the common council a president, in their respective chambers, and being respectively organized, shall proceed to business in the same manner as is provided in the seventeenth section below, in case of the absence of the mayor:-and the board of aldermen shall forthwith issue their warrants for meetings of the citizens of the respective wards, for the choice of a mayor, at such time and place as they shall judge most convenient; and the same proceedings shall be had, in all respects, as are directed in and by the provisions of the preceding section and repeated from time to time, until a mayor shall be chosen, by a majority of all the voters voting at such elections. VIII. In case any person elected mayor of the city Refusal of mayor elect to accept. shall refuse to accept the office, the same proceedings shall 1830, 7,, 2. be had in all respects, as are herein before directed in cases wherein there has been no choice of mayor, until a mayor be chosen by a majority of votes. And in case of Absence ofmayor elect. the unavoidable absence by sickness or otherwise, of the mayor elect, on the first Monday in January, the city government shall organize itself in the mode herein before provided, and may proceed to business in the same manner as if the mayor were present. IX. Whenever it shall appear, by the regular returns Proceedings in case no mayor is of the elections of the city officers, that a mayor has not chosen, or a full board of alderbeen chosen, or that a full board of aldermen has not been men is not elected. elected, such of the board of aldermen, whether they con- 1845, 217, ~ 1. (Adopted by city stitute a quorum or not, as may have been chosen, shall council, Oct. 6, 1845. City Reissue their warrant, in usual form, for the election of a cords vol. 23, p. mayor, or such members of the board of aldermen as may 406.) 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, 8 CITY CHARTER AND AMENDMENTS. In case neither shall have ceased, it shall be the duty of the president of a mayor nor any alderman is the common council, to issue his warrant, in the same manelected. ner 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 aldermen, shall be elected. Who is to dis- X. In case of the non-election of a mayor, the chaircharge the duties when no man of the board of aldermen shall discharge all the duties mayor is elected. incumbent on the mayor of the city, prescribed by the city 1845, 217. ~ 4. Ibid. charter, or any other law, or any ordinance of the city, which now or hereafter may be required 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. Election of al- XI. The citizens in their respective ward meetings, to dermen. 1821, 110, ~ 6. be held on the second Monday of December, annually, shall 1824, 49, 5 1. (Adopted by citi- be called upon to give in their votes for eight persons, bezens, Feb. 25. 1825. Boston Re- ing inhabitants of said city, to constitute the board of alcords. vol. 10, p. 505.) dermen, for the ensuing year; and all the votes so given, being sorted, counted, and declared by the warden and inspectors shall be recorded at large, by the clerk, in open ward meeting; and in making such declaration and record, the whole number of votes or ballots given in shall be particularly stated, together with the name of every person voted for, and the number of votes given for each person; and a transcript of such record, certified by the warden and clerk, and a majority of the inspectors of each ward, shall, by the said clerk, within two days, be transmitted to the city clerk; whereupon the same proceedings shall be had, to ascertain and determine the persons chosen as aldermen, as are herein before directed in regard to the choice of mayor, and for a new election, in case of the whole number required not being chosen at the first election. And each alderman, so chosen, shall be duly notified in writing of his election by the mayor and aldermen for the time being. CITY CHARTER AND AMENDMENTS. 9 XII. In case of the death or resignation of any mem- Death or resignation of alderber of the board of aldermen, the citizens of Boston shall men. have power to fill such vacancy, at any regular meeting 1824, 2,' 6. that may thereafter be convened for that purpose. XIII. Whenever it shall appear to the mayor and al- Vacancy in board of alderdermen, that there is a vacancy in either the board of al- men, common council, or other dermen, or in the common council, or in any of the city offices. 1845, 217, ~ 9. or ward offices, it shall be the duty of the mayor and (Accepted by city council, Oct. aldermen to issue their warrant for elections, in due form, 6,1845. CityReto fill all such vacancies in each and all of the said boards 406.)S vo 23, p and offices, at such time and place as in their judgment may be deemed advisable. XIV. The citizens of each ward, qualified to vote as Election of common council. aforesaid, at their respective ward meetings, to be held on 8 14, 9 17, the second Monday of December, annually, shall be call- (Adopted by citizens, Feb. 25, ed upon to give in their votes for four able and discreet 1825. Boston Records, vol. 10, p. men, being inhabitants of said ward, to be members of the 505.) common council; and all the votes given in as aforesaid, in each ward, being sorted, counted, and declared by the warden and inspectors, if it appear that four persons have a majority of all the votes given at such election, a public declaration thereof, with the names of the persons so chosen, shall be made in open ward meeting, and the same shall be entered at large, by the clerk of such ward, in his journal, stating particularly the whole number of votes given in, the number necessary to make a choice, and the number actually given for each of the persons, so declared to be chosen. But, in case four persons are not chosen at the No choice. first ballot, a new ballot shall be opened for a number of common councilmen, sufficient to complete the number of four; and the same proceedings shall be had, as before directed, until the number of four shall be duly chosen; Provided, however, that if the said elections cannot conAdjournmen veniently be completed on such day, the same may be adjourned to another day, for that purpose, not longer distant than three days. And each of the persons so chosen as a Certificate of elections, member of the common council, in each ward, shall, within 2 10 CITY CHARTER AND AMENDMENTS. two days of his election, be furnished with a certificate thereof, signed by the warden, clerk, and a majority of the inspectors of such ward; which certificate shall be presumptive evidence of the title of such person to a seat Councilshallde- in the common council; but such council, however, shall cide questions of elections, &c. have authority to decide ultimately upon all questions relative to the qualifications, elections, and returns of its members. Qualificationsof XV. Every male citizen of twenty-one years of age voters at municipal elections, and upwards, excepting paupers, and persons under guard1821, 110, 8. ianship, who shall have resided within the commonwealth one year, and within the city six months next preceding any meeting of citizens, either in wards, or in general meeting, for municipal purposes, and who shall have paid by himself or his parent, master, or guardian, any state or county tax, which, within two years-next preceding such meeting, shall have been assessed upon him, in any town or district in this commonwealth, and also every citizen who shall be, by law, exempted from taxation, and who shall be in all other respects qualified as above mentioned, shall have a right to vote at such meeting, and no other person shall be entitled to vote at such meeting. Commencement XVI. The mayor, aldermen, and common councilof municipal year. men, chosen as aforesaid, shall enter on the duties of 1821, 110, ~ 9. 184, 4t9e, 2.it their respective offices on the first Monday of January, es Feoob.2n5, and before entering on the duties of their offices, shall records, vol. 10, p. spectively be sworn, by taking the oath of allegiance and 505.) Oath of office. oath of office, prescribed in the constitution of this commonwealth, and an oath to support the constitution of the the United States. And such oaths may be administered to the mayor elect, by any one of the justices of the supreme judicial court, or any judge of any court of record, commissioned to hold any such court, within the said city, or by any justice of the peace for the county of Suffolk. And such oaths shall and may be administered to the aldermen and members of the common council, by the mayor, being himself first sworn as aforesaid; and a CITY CHARTER AND AMENDMENTS. 11 certificate of such oaths having been taken, shall be entered in the journal of the mayor and aldermen, and of the common council, respectively by their respective clerks. I XVII. The mayor and aldermen, thus chosen and Mayor and aldermen to cornqualified, shall compose one board, and shall sit and act pose oneboard. 1821, 110, ~ 10. together as one body, at all meetings, of which the See also 18, < —,) zn > ~ ~ ~ ~ ~ ~ ~ ~ ~~~~~~217, ~ 4, and mayor, if present, shall preside; but in his absence, the 1846, 50. board may elect a chairman, for the time being. The said board, together with the common council, in convention, shall have power to choose a clerk, who shall be City clerk. sworn to the faithful discharge of the duties of his office, who shall be chosen for the term of one year, and until another person is duly chosen to succeed him; removable, however, at the pleasure of the mayor and aldermen; who shall be denominated the clerk of the city, and whose duty His powers and it shall be to keep a journal of the acts and proceedings of duties. the said board, composed of the mayor and aldermen; to sign all warrants issued by them, and to do such other acts in his said capacity, as may, lawfully and reasonably, be required of him; and to deliver over all journals, books, papers, and documents, entrusted to him as such clerk, to his successor in office, immediately upon such successor being chosen and qualified as aforesaid, or whenever he may be thereto required by the said mayor and aldermen. And the city clerk thus chosen and qualified, shall have all the powers, and perform all the duties belonging, at the time of the act of incorporation, to the town clerk of the town of Boston, as if the same were particularly and fully enumerated, except in cases where it is otherwise expressly provided. 1 The statute of 1824, c. 49, ~ 2, cited in the margin of ~ xvi in the text, provides that all the officers chosen on the second Monday of December by virtue of said act, shall enter on the duties of their respective offices on the first Monday of January in each year. This provision includes not only the mayor, aldermen and common councilmen, but also the wardens, clerks of the wards, inspectors of elections, overseers of the poor and school committee. See the act, as printed at large in the Appendix, p. 471, post. 12 CITY CHARTER AND AMENDMENTS. Common ccoln- XVIII. The persons so chosen and qualified, as membodav. bers of the common council of the said city,. shall sit and 182i) 110, o II. act together as a separate body, distinct from that of the mayor and aldermen, except in those cases in which the two bodies are to meet in convention; and the said council shall have power, from time to time, to choose one of their President. own. members to preside over their deliberations, and to Clerk. preserve order therein, and also to choose a clerk, who shall be under oath faithfully to discharge the duties of his office, who shall hold such office, during the pleasure of said council, and whose duty it shall be to attend said council, when the same is in session, to keep a journal of its acts, votes, and proceedings, and to perform such other services, in said capacity, as said council may require. Sittings to be All sittings of the common council shall be public; also all public. sittings of the mayor and aldermen, when they are not engaged in executive business. Twenty-five members of the common council shall constitute a quorum for the transacQuorum. tion of business. XIX. The mayor of the said city, thus chosen and qualified, shall be taken and deemed to be the chief execuCompensation tive officer of said corporation; and he shall be compensat1821, 1o, Y l2. ed for his services by a salary, to be fixed by the board of aldermen and common council, in city council convened, payable at stated periods; which salary shall not exceed the sum of five thousand dollars annually, and he shall receive no other compensation or emoluments whatever; and no regulations enlarging or diminishing such compensation shall be made, to take effect until the expiration of the year, for which the mayor then in office shall have been His powers and elected. And it shall be the duty of the mayor to be vigilduties. ant and active at all times, in causing the laws for the government of said city to be duly executed and put in force; to inspect the conduct of all subordinate officers in the govemrnent thereof, and as far as in his power, to cause all negligence, carelessness, and positive violation of duty to be duly prosecuted and punished. Ile shall have power, CITY CHARTER AND AMENDMENTS. 13 whenever in his judgment, the good of said city may require it, to summon meetings of the board of aldermen and common council, or either of them, although the meeting of said boards, or either of them may stand adjourned to a more distant day. And it shall be the duty of the mayor, from time to time, to communicate to both branches of the city council all such information, and recommend all such measures as may tend to the improvement of the finances, the police, health, security, cleanliness, comfort, and ornament of the said city. XX. The administration of police, together with the Powers andduexecutive powers of the said corporation generally, together and aldermen. also with all the powers heretofore vested in the selectmen 1832, 166, repealof the town of Boston, either by the general laws of this ed by Rev. Stat. commonwealth, by particular laws relative to the powers 2 Metc.220. and duties of said selectmen, or by the usages, votes or by-laws of said town, are vested in the mayor and aldermen, as hereby constituted, as fully and amply as if the same were herein specially enumerated. XXI. The mayor and aldermen shall have power to May license theatrical exhilicense all theatrical exhibitions, and all public shows, and bitions, &c. all exhibitions, of whatever name or nature, to which ad-But see 1849,231, mission is obtained on payment of money, on such terms 9'ick. 415. and conditions as to them may seem just and reasonable; and to regulate the same, from time to time, in such manner as to them may appear necessary to preserve order and decorum, and to prevent interruption of peace and quiet. And any person or persons who shall set forth, establish, or promote any such exhibition or show, or publish, or advertise the same, or otherwise aid or assist therein, without a license so obtained as aforesaid, or contrary to the terms or conditions of such license, or whilst the same is suspended, or after the same is revoked by said mayor and aldermen, shall be liable to such forfeiture, as the city council may, by any by-law made for that purpose prescribe.1 1 This section appears to be superseded by stat. 1849, c. 231. See Amusements. 14 CITY CHARTER AND AMENDMENTS. May be chosen XXII. The city council have the power and authority sutrveyors of highwoays. Of electing, if they see fit, the mayor and aldermen, sur1823, 2. veyors of highways for the city. May have the XXIII. In the county of Suffolk, the mayor and alderpowers of county commissioners, men of the city of Boston shall, within the said city, have except, &c. R. S. 24, 54. the like powers and perform the like duties, as are exercised and performed by the commissioners of other counties, saving to any party aggrieved the right of trial by jury in Ibid,. 55. the court of common pleas, in cases of the laying out, Ibid, 14,; 29. altering and discontinuing of ways, and assessing damages therefor. Powers of city XXIV. All other powers by law vested, at the time council. 1821, 110, 15. of the act of incorporation, in the town of Boston, or in the inhabitants thereof, as a municipal corporation, are vested in the mayor and aldermen, and common council of the said city, to be exercised by concurrent vote, each board, as hereby constituted, having a negative upon the other. More especially they shall have power By-laws. to make all such needful and salutary by-laws, as towns by the laws of this commonwealth have power to make and establish, and to annex penalties, not exceeding twenty dollars, for the breach thereof, which by-laws shall take effect and be in force from and after the times therein respectively limited, without the sanction or confirmation of Provisoes. any court, or other authority whatsoever; Provided, that such by-laws shall not be repugnant to the constitution and laws of this commonwealth:l And provided also, that the same shall be liable to be annulled by the legislature Assessment of thereof. The said city council shall also have power, from taxes. time to time, to lay and assess taxes for all purposes, for which towns are by law required or authorized to assess and grant money,2 and also for all purposes, for which 1 For general powers of city councils to make by-laws, see Ordinances and By-laws. See also stat. 1847, c. 262. " The city council are the agents and trustees of the inhabitants of Boston, with a limited authority; they can perform no act in the execution of their trust, unless warranted by some general or special law of the CITY CHARTER AND AMENDMENTS. 15 county taxes may be levied and assessed, so long as the town 1822, 85. of Chelsea shall not be liable to taxation therefor; Provided, Proviso. however, that in the assessment and apportionment of all such taxes upon the polls and estates of all persons liable to contribute thereto, the same rules and regulations shall be observed as are now established by the laws of this commonwealth, or may be hereafter enacted, relative to the assessment and apportionment of town taxes. The said city council shall also have power to provide for the assessment colection of and collection of such taxes, and to make appropriations of all public moneys, and provide for the disbursement thereof, and take suitable measures to ensure a just and prompt accommonwealth, either in express terms or by reasonable inference. The general authority of towns to raise money by the assessment of taxes on the inhabitants, was given by the statute of 1785, ch. 75, ~ 7, " for the settlement, maintenance and support of the ministry, schools, the poor, and other necessary charges arising within the same town," the most of which provision is re-enacted in the Revised Statutes, ch. 15, ~ 12. The only difficulty in the construction of this provision has been as to what are " other necessary charges," for which towns are authorized to raise money. Upon this point there have been several decisions. In the case of Stetson v. Kempton, (13 Massachusetts Reports 272,) it was held, that towns have no authority in time of war and hostile invasion, to raise money to give additional wages to the militia and for other purposes of defence. The court say, that the erection of public buildings for the accommodation of the inhabitants, such as town houses to assemble in, and market houses for the sale of provisions, may also be a proper town charge, and may come within the fair meaning of the term necessary, for these may be essential to the comfort and convenience of the citizens. But it cannot be supposed that the building of a theatre, a circus, or any other place of mere amusement, at the expense of the town, could be justified under the term necessary town charges. Nor could the inhabitants be lawfully taxed for the purpose of raising a statue or a monument, these being matters of taste, and not of necessity; unless in populous and wealthy towns, they should be thought suitable ornaments to buildings or squares, the raising and maintenance of which are within the duty and care of the governors or officers of such towns. In Allen v. Inhabitants of Taunton, (19 Pick. Rep. 485,) it was held, that a town is authorized to appropriate money for the repair of fire engines, used for t —purpose of extinguishing fires therein, whether they belong to the town or were purchased by private subscription; and in the case of Hardy v. Inhabitants of Waltham, (3 Metcalfrs Rep. 163,) it was held, that a town has authority to appropriate money for the construction of reservoirs for water to supply fire engines. In the case of Spaulding v. City of Lowell, (23 Pick. Rep. 71,) it was held, that cities and towns in this commonwealth, by virtue of their general powers, 16 CITY CHARTER AND AMENDMENTS. Assessors to be count thereof; and for these purposes, may either elect such chosen. assessors, and assistant assessors, as may be needful, or provide for the appointment or election of the same, or any of them, by the mayor and aldermen, or by the citizens, as in their judgment may be most conducive to the public good, and may also require of all persons entrusted with the collection, custody, or disbursement of public moneys, such Bonds, &c., may bonds with such conditions and such sureties, as the case be required. may in their judgments require. City council XXV. The said city council shall have power, and may provide for the appointment they are authorized to provide for the appointment or of city officers. a ncs 1821, 110, 16. election o all necessary officers, for the good government of said city, not otherwise provided for; to prescribe their Register of duties, and fix their compensation, and to choose a register deeds. of deeds, whenever the city shall compose one county. The city council also shall have the care and superintendence of have authority in their corporate capacity, to build a market house, to appropriate money therefor, and to assess the same upon the inhabitants. "To bring any particular subject," the court remark, "within this description of necessary town charges, it must appear to be money necessary to the execution of some corporate power, the enjoyment of some corporate right, or the performance of some corporate duty, as established by law, or long usage." A town has no authority to raise money to aid in the construction of a road which by law is to be made at the expense of the county, and consequently a tax laid by the town for the purpose of collecting the money is illegal and void. A vote by a town appointing a committee to appropriate money for constructing such road, is an illegal and void act; and a contract for constructing it entered into by the committee in behalf of the town, will not be binding upon the town. Parsons v. Inhabitants of Goshen, (11 Pick. Rep. 396. ) A town has authority to provide for the support of a public clock, and to assess the expense thereof upon the inhabitants of the town. Willard v. Inhabitants of Newbusyport, (12 Pick. Rep. 227.) A town is authorized to indemnify its officers, against any liability which they may incur in the bona fide discharge of their duties, although it turn out that they have exceeded their legal rights and authority. Nelson v. Milford, (7 Pick. Rep. 18); Bancroft v. Lynnfield, (18 ibid, 566.) By the act of 1847, ch. 37, whenever any city or town shall have voted to raise by taxation, or by pledge of its credit, or to pay over, from moneys in its treasury, any sum or sums of money, for any other purpose or purposes, than those for which it may have the legal right and power so to do, the supreme judicial court is authorized to interfere and prevent the same, upon the suit or petition of any ten inhabitants of such city or town who are liable to be taxed therein. CITY CHARTER AND AMENDMENTS. 17 the public buildings, and the care, custody, and manage- care and custody ment of all the property of the city, with power to lease or sell the same, except the common and Faneuil Hall, with power also to purchase property, real or personal, in the Power to purname, and for the use of the city, whenever its interest or convenience may in their judgment, require it. 1 XXVI. All the power and authority by law vested, at Board of health. the time of the act of incorporation, in the board of health 12 Pick. 184. for the town of Boston, relative to the quarantine of vessels, and relative to every other subject whatsoever, shall be and the same is hereby transferred to, and vested in the said city council, to be carried into execution by the appointment of health commissioners, or in such other manner as the health, cleanliness, comfort, and order of the city may, in their judgment, require, subject to such alterations as the legislature may from time to time adopt.2 The mayor and aldermen of said city, and the said common City treasurer. council shall as soon as conveniently may be, after their'821, 110,' 18. annual organization, meet together in convention, and elect some suitable and trustworthy person to be the treasurer of said city, who shall also be county treasurer. Cr- RS.4esur O 47. XXVII. The citizens at their respective ward meet- Overseers of the poor. ings, to be held on the second Monday of December annu- 1821, 110, g 19. ally, shall elect by ballot one person in each ward, to be an (Adopted by citizens, Feb. 25, overseer of the poor; and the persons thus chosen shall s2s. Boston Records, vol. 10, p. together constitute the board of overseers for said city, and 505.) shall have all the powers and be subject to all the duties, by law appertaining, at the time of the act of incorporation, to the overseers of the poor for the town of Boston, until the same shall be altered or qualified by the legislature. 3 1 For other powers of the mayor and aldermen, and of the city council, on various subjects, see the several titles,post. 2 See Revised Statutes, c. 21, ~ 2, repealed by stat. 1847. c. 229. See also stat. 1849, c. 211. 3 As to the corporate power of the overseers of the poor of Boston, see Overseers of the Poor of Boston v. Sears. (22 Pick. Rep. 122.) 3 18 CITY CHARTER AND AMENDMENTS. School commit- XXVIII. The school committee of the city of Boston tee. 1835, 128, s i. shall consist of the mayor, of the president of the common (Adopted by citizens in ward council, and of twenty-four other persons, two of whom meetings, April 29, 1835. shall be chosen in each ward, and who shall be inhabitants Records of returns of votes of the wards in which they are chosen; said twenty-four from the wards, April 29, 1835.) members to be chosen by the inhabitants at their annual election of municipal officers; and said school committee 821, n0o, 19. shall have the care and superintendence of the public schools. Accountability XXIX. All boards, and officers, acting under the of all boards and officers for pub- authority of the said corporation, and entrusted with the lic money. 1821, 110, ~ 20. expenditure of public money, shall be accountable therefor to the city council in such manner as they may direct. And it shall be the duty of the city council to publish and distribute, annually, for the information of the citizens, a Annual financial particular statement of the receipts and expenditures of all statement. public moneys, and a particular statement of all city property. Mayor may nom- XXX. In all cases in which appointments to office are inate certain officers. directed to be made by the mayor and aldermen, the mayor 1821 110 21. shall have the exclusive power of nomination; such nomination, however, being subject to be confirmed or rejected by Members of city the board of aldermen: Provided, however, that no person council not eligible to salaried shall be eligible to any office, the salary of which is payable office. out of the city treasury, who at the time of his appointment, shall be a member either of the board of aldermen or common council. Numberofrepre- XXXI. It shall be the duty of the two branches of the entatives to. city council, in the month of October, in each year, after general court. 1821, o', 22. their annual organization, to meet in convention, and deter1831, 38. mine the number of representatives, which it may be expedient for the corporation to send to the general court in such year, within its constitutional limits, and to publish such determination, which shall be conclusive; and the number thus determined shall be specified in the warrant calling a meeting for the election of representatives; and CITY CHARTER AND AMENDMENTS. 19 neither the mayor, nor any aldermen, or members of the Members of city common council, shall, at the same time, hold any other no other office, office under the city government. &C. XXXII. All city officers, after their election, shall be Officers to discharge their duheld to discharge the duties to which they have been ties notwithstanding removelected, being residents of the ward at the time of their al into other wards. election, notwithstanding their removal afterwards out of'845p, 217d, 5. (Adopted by city their ward into any other ward of the city. council. City Records, vol. 23, p. 406.) XXXIII. All elections for governor, lieutenant govern- Elections of naor, senators, representatives, representatives to congress, offSiOrs. and all other officers, who are to be chosen and voted for R. s. 5, 11; 6, by the people, shall be held at meetings of the citizens 9, 18. qualified to vote in such elections, in their respective wards, at the time fixed by law for those elections respectively. And at such meetings, all the votes given in, being collected, sorted, counted, and declared by the inspectors of elections, in each ward, it shall be the duty of the clerk of such ward to make a true record of the same, specifying therein the whole number of ballots given in, the name of each person voted for, and the number of votes for each, expressed in words at length. And a transcript of such record, certified by the warden, clerk, and a majority of the inspectors of elections in such ward, shall forthwith be transmitted or delivered by each ward clerk to the clerk of the city. And it shall be the duty of the city clerk forthwith to enter such returns, or a plain and intelligible abstract of them, as they are successively received, in the journals of the proceedings of the mayor and aldermen, or in some other book kept for that purpose. And it shall be Examination and return of the duty of the mayor and aldermen to meet together votes. within two days after every such election, and examine and compare all the said returns, and thereupon to make out a certificate of the result of such election, to be signed Certificate. by the mayor and a majority of the aldermen, and also by the city clerk, which shall be transmitted, delivered, or returned, in the same manner as similar returns are by law directed to be made by the selectmen of towns; and such 20 CITY CHARTER AND AMENDMENTS. certificates and returns shall have the same force and effect in all respects, as like returns of similar elections made by Separate lists of the selectmen of towns. At the election of governor, lieuvotes for governor, &c. to be tenant governor, and senators, it shall be the duty of the transmitted to the secretary or mayor and aldermen to make and seal up separate lists of to sheriffs. R. S. 5, 1. persons voted for as governor, lieutenant governor, and senators of the commonwealth, with the number of votes for each person, written in words at length against his name, and to transmit said lists to the secretary of the commonvotes for elect- wealth or to the sheriffs of their respective counties. The ors of president, &c., how and mayor and aldermen shall, within three days next after the when to be transmitted to the day of any election of electors of president and vice presisecretary. 1844, 167,; 1. dent of the United States, held by virtue of the laws of this commonwealth, or of the United States, deliver, or cause to be delivered the lists of votes therefor, sealed up, to the sheriff of the county, and the said sheriff shall within four days after receiving said lists, transmit the same to the office of the secretary of the commonwealth, or the said mayor and aldermen may, and when the office of sheriff is vacant, he or they shall themselves transmit the said lists to the said office within seven days after the election, and Proceedings in all votes not so transmitted shall be rejected. In all eleccase representatives are not tions for representatives to the general court, in case the chosen. whole number proposed to be elected shall not be chosen by a majority of the votes legally returned, the mayor and aldermen shall forthwith issue their warrant for a new election, and the same proceedings shall be had in all respects as are herein before directed, until the whole number shall be elected. 1 Mayor and alder XXXIV. Prior to every election of city officers, or of men to make any officer or officers under the government of the United lectior to every States or of this commonwealth, it shall be the duty of said 1821, 110, ~ 24. it. S. 3. mayor and aldermen to make out lists of all the citizens of 1 This section of the city charter contains also a provision for taking the sense of the town upon the question, whether the election for State and United States officers should be holden in general meeting; which question was decided by the inhabitants in the negative, at a meeting held Monday, March 4, 1822. See Boston Records, vol. 10, p. 457. CITY CHARTER AND AMENDMENTS. 21 each ward, qualified to vote in such election, in the manner in which selectmen and assessors of towns are required to make out similar lists of voters, and for that purpose they shall have free access to the assessors' books and lists, and be entitled to the aid and assistance of all assessors, assistant assessors, and other officers of said city. And it shall be the duty of said mayor and aldermen to deliver such list of the voters in each ward, so prepared and corrected, to the clerk of said ward, to be used by the warden and inspectors thereof at such election; and no person shall be entitled to vote at such election, whose name is not borne on such list. And to prevent all frauds and mistakes in such elections, it shall be the duty of the inspectors, in ech nspectors to alward, to take care that no person shall vote at such elec- vote whose name is not on tion, whose name is not so borne on the list of voters, and the list. to cause a mark to be placed against the name of each voter on such list, at the time of giving in his vote. XXXV. It shall be the duty of all ward officers Duties of ward authorized to preside and act at elections of city officers to electaons. l attend and perform their respective duties, at the times 4d5opted by city and places appointed for elections of any officers, whether uecrcls, Vol. 23, of the United States, state, city, or wards, and to make P. 406.) and sign the regular returns of the same. XXXVI. General meetings of the citizens, qualified to General meetvote in city affairs, may from time to time be held to con- zegnsf the citisult upon the common good, to give instructions to their 1821, 110, 25. representatives, and to take all lawful measures to obtain a redress of any grievances, according to the right secured to the people by the constitution of this commonwealth. And such meetings shall and may be duly warned by the mayor and aldermen, upon the requisition of fifty qualified voters of said city. XXXVII. All warrants for the meetings of the citi- Warrants for zens, for municipal purposes to be had either in general eeng to be zeus, for municipal purpose s to be had either ind mayor meetings or in wards, shall be issued by the mayor and 1821,a1demen. aldermen, and shall be in such form, and shall be served, 22 CITY CHARTER AND AMENDMENTS. executed, and returned at such time, and in such manner, as the city council may, by any by-law, direct and appoint. City of Boston to XXXVIII. The city of Boston shall continue to have powers, &h. con- and exercise all the powers and privileges, and be subject tfer, edbychar to all the duties and liabilities, mentioned in the act estabR. S. 16, O 86. lishing said city of Boston, and in the several acts specially relating to said city. SEAL OF THE CITY. An Ordinance to establish the City Seal. Ordinance to es- Be it ordained by thle Mayor, Aldermen and Common tablish the city seal. Passed Council of the City of Boston, in City Council assembled, Jal. P, Cty3. Jan. 2, That the design hereto annexed, as sketched by John R. Penniman, giving a view of the city, be the device of the city seal; that the motto be as follows, to wit: " Sicut patribus, sit Deus nobis;" and that the inscription be as follows, to wit: " Bostonia condita, A. D. 1630. Civitatis regimine donata, A. D. 1822." ZVAAD,r~a 23 ACTIONS. STATUTES. 5. Inhabitants of Boston, not dis1. Actions, &c., against the city qualified by interest from actof Boston, where they may be ing as jurors, &c. brought. 6. Mayor and aldermen may au2. Actions, &c., by the city of Bos- thorize any person to enter inton, where they may be brought, to recognizance. and when and to what counties 7. In prosecutions, it shall be sufthey may be removed. ficient to set forth the offence, 3. Such suits, how removed, en- without setting forth the spetered, &c. cial act, by-law, ordinance, or 4. How conducted. any part thereof. 1. All actions, suits and prosecutions against the city Actions, &c., against the city of Boston, may be brought in the county where the plaintiff of Boston where they may be lives, or in either of the counties of Suffolk, Essex, Middle- brought. R. S. Act of sex or Norfolk. amendment, 2. All actions, suits and prosecutions by the city of Actions &c.,by Boston, or by any officer for the use of the said city, may the city of Bosbe brought in either of the four counties mentioned in the any bh brgd to preceding section; but any such action, suit or prosecution, twhyt counties if brought in the county of Suffolk, may be removed to one Iobed. of the said other counties, in the manner provided in the following section. 3. The defendant or tenant, at the term at which his Such suits, how removed, enterappearance is entered, may file a motion in writing for thed, enter-&c. removal of the suit to some other county, and the court Ibd. shall thereupon order it to be removed to such one of the said other three counties as the attorney of the city of Boston shall elect, to be there heard and determined in any court proper to try the same; and the attorney of the said city shall enter the same accordingly, in the court so designated, at the next term thereof, and shall file therein certified copies of the writ or other process, and of the order of removal. 4. The court to which the suit is so removed shall How conducted. have jurisdiction thereof, and all the proceedings therein Ibid. shall be conducted in like manner as if the suit bad been originally commenced in that county. 24 ALIEN PASSENGERS. Inhabitants of 5. No person shall be disqualified from acting as a Boston not disqualified by in- magistrate, juror, appraiser, or officer of any kind, in any terest from actingas jurors, &c. suit or process in which the city of Boston is interested, by reason of any interest that he may have as an inhabitant of the said city. Mayor and alder- 6. When any city shall be required to enter into a remen may authorise any person to cognizance, the mayor and aldermen may, by an order or enter into recognizance. vote authorise any person to enter into the recognizance in the name and behalf of the city, and such recognizance shall be binding on the city, and on the inhabitants thereof, like any other contract lawfully made by such city. In prosecutions, 7. In all prosecutions by complaint before the police it shall be sufficient to set forth court for the city of Boston, founded on the special acts of the offence, without setting the legislature, the by-laws of the town of Boston, or the forth the special act, by-law, or- ordinances or the by-laws of the city of Boston, it shall be dinance, or any part thereof. sufficient to set forth, in such complaint, the offence fully 1824, 28, 5 and plainly, substantially and formally; and in such complaint it shall not be necessary to set forth such special act, by-law, ordinance or any part thereof. ALIEN PASSENGERS. STATUTES..5. Lunatics, idiots, &c., not per1. Governor and council to ap- mitted to land till bond given point superintendent of alien by master, &c. Proviso. Propassengers. Oaths. Bonds. Su- viso as to such as are sick or perintendent to give notice to destitute, when the master repilots of the place of examina- fuses to support them. tion. 6. Superintendent to render ac2. Salary. Proviso. counts. Balance to be paid 3. Duties. Prosecutions. into the state treasury. 4. To examine into condition of 7. Abstract of reports and bonds passengers arriving, &c. Mas- to be published. Copy of abter of vessel to make report stract to be sent to each city under oath. and town. ALIEN PASSENGERS. 25 8. Overseers of the poor to per- 12. Superintendent may make deform duties of superintendents mand for bonds, and examinain certain cases. tions. 9. Penalty for landing passengers 13. Paupers may be sent home. with intent to avoid, &c. 14. Expenses for support of bond10. Penalty for landing passengers ed alien to be paid by commonwithout complying with law. wealth. Proviso. 15. Superintendents to make re11. Master, owner, &c. of vessel to turns of receipts and expendigive bond for every alien pas- tures. senger. Penalty. May pay $2, instead. Proviso. 1. The governor, with the advice and consent of the Governor and council to apcouncil, shall appoint and commission some suitable person point slperinendents of alien to be superintendent of alien passengers in each city and passengers. 1848, 313, 6 1. town of the commonwealth, when it may be necessary for the execution of the provisions herein contained, who, before entering upon the duties of his office, shall be duly sworn, and shall give bonds to the state treasurer, with oatd. sufficient sureties for the performance thereof, in such sum as shall be specified by the governor in his commission, and who shall hold said office until another shall be appointed, commissioned, and qualified in his stead. And the super- Superintendent to give notice to intendent shall, from time to time, notify the pilots of pilots of the place of examinthe port of the said city, or town, of the place or places ation. where the said examination is to be made; and the said pilots shall be required to anchor all such vessels at the place so appointed, and shall require said vessels there to remain until such examination shall be had; and any pilot who shall refuse or neglect to perform the duty imposed upon him by this section, or who shall, through negligence or design, permit any alien passenger to land, before such examination shall be had, shall forfeit to the city or town a P~lalty. sum not less that fifty, nor more than two thousand dollars. 2. The governor, with the advice and consent of the salary. council, shall determine the salary of each superintendentd, of alien passengers, by him appointed, and shall specify the same in his commission; provided, however, that such Proviso. salary shall never exceed the net amount of alien-passenger money received by such superintendent, according to the provisions of this act. 26 ALIEN PASSENGERS. Duties. 3. The superintendents of alien passengers shall have a Ibid, ~ 3. care and oversight of all causes and matters arising under this act, in the city or town for which they are appointed; and whenever a breach of any of its provisions shall come to their knowledge, they shall, with the advice of the disProsecutions. trict attorney for their district, institute prosecutions, by indictment or otherwise, for the forfeitures incurred. To examine into 4. When any vessel shall arrive at any port or harbor condition of passengers arriving, within this state, with alien passengers on board, who have Ibid, O 4. never before been within the state, the superintendent of the city or town where it is intended to land such passengers, shall go on board such vessels, and shall examine into Master of vessel the condition of said passengers; and the master or comto make report under oath. manding officer of such vessel shall, within twenty-four hours after such arrival, make a report in writing, under oath, to said superintendent, of the name, age, sex, occupation, place of birth, last place of residence, and conNo alien passen- dition, of every such passenger; and none of them shall ger permitted to land till report be landed, or be permitted to land, until such report shall be made, except as is hereinafter provided. Lunatics, idiots, 5. [If, on examination, there shall be found, among said &ec, not permit- passengers, any lunatic, idiot, maimed, aged, or infirm perbond given by son, incompetent, in the opinion of the superintendent so master, &c. s Ibid, O 5. examining, to maintain themselves, or who have been paupers in any other country, no such alien passengers shall be permitted to land until the master, owner, consignee, or agent of such vessel, shall make and deliver, to said superintendent, a bond to the commonwealth, with such sureties as are undoubted and satisfactory, in the sum of one thousand dollars, that no such lunatic or indigent passenger shall ever become a city, town, or state charge, from the Proviso. date of said bond; provided, however, that if it shall be made to appear to said superintendent, by undoubted evidence, that any passengers on board such vessel are in such condition, as to health, property, capacity and character, that they are not likely to become chargeable to any city or town, he may permit them to be landed, on payment to him, by said master, consignee, or agent, of the sum of two dollars for each passenger so landed; and the names of all such ALIEN PASSENGERS. 27 passengers shall be certified by said superintendent on the back of the report; andprovided, further, that if any such Proviso as to such as are sick passengers are so sick or destitute as to require relief, or destitute, and if said master shall refuse to report them, or if said refuses to support them. master, owner, consignee, or agent, shall refuse to give such bond as is herein required, the said superintendent may permit them to be landed; and in such cases, any city or town, that shall be put to any expenses for the support, sickness, or burial, of any such passenger, within ten years of the time he was so landed, may maintain an action of debt against said master, owner, consignee, or agent, and recover all expense incurred as aforesaid; and said commanding officer, owner, consignee, or agent, shall be liable to the penalties provided in the tenth section of this act.'] 6. Every superintendent of alien passengers shall, on Superintendents the third Wednesday of January, April, July, and October couents. Ibid, ~ 6. of each year, render an account, to the treasurer of the But see post, p. commonwealth, of all the money received by him and his 30. assistants, under the provisions of this act, up to the first days of said months of January, April, July, and October; and, after deducting therefrom the amount of salary due to Balance to be paid into state him up to which said quarterly accounts shall severally ex- treasury. tend, shall pay the balance into the state treasury; and the treasurer shall, as soon as may be after the third Wednesday of January of each year, lay said accounts before the legislature. 7. The treasurer of the commonwealth shall cause to Abstract of reports and bonds be published, monthly, in some convenient form for refer-to be published. Ibid, ~ 7. ence, an abstract of the reports and bonds deposited with 1850, 105, l 3. him by superintendents, as provided in the seventh section,2 1 This section is mainly if not entirely superseded by the first section of the act of 1850, c. 105. See p. 29, post. See also, Norris v. City of Boston, (4 Metcalf's Rep. 282.) Smith v. Turner, (7 Howard's U. S. Rep. 283.) Norris v. City of Boston, (ibid.) 2 The intention here was, probably, to refer to the " seventh section" of the act as originally reported. In the act as it finally passed, that section was struck out. See Senate Documents, 1848, No.'s 46, 116. 122. 28 ALIEN PASSENGERS. which abstract shall contain an alphabetical list of all the names of alien passengers that shall have been reported up to the time of publishing said abstract, and not previously published, with the reported age, sex, occupation, place of birth, and last place of residence, of each of said aliens; also the time and place of their landing, the name of the vessel from which they were landed, and, if bonds of indemnity shall have been given as is provided in the fifth section, the names of the obligors in said bonds, and their residences, and also the names of such alien passengers as shall have been permitted to land by any superintendent, under the second proviso contained in said fifth section; together with the name of the vessel from which they were landed, the time when landed, with the names respectively of the master, commanding officer, owner, consignee, or Copy of abstract agent, of such vessel; and the treasurer shall forward a to be sent to each w so m city and town. Copy of said abstract, when so published, monthly, to the 1848,313, ~ 7. 1850, 105, 3. clerks of the several towns and cities in the commonwealth. Overseers of the 8. The overseers of the poor, in any town where there poor to perform duties of super- may be no superintendent of alien passengers, or where intendents in certain cases. such superintendent shall be unable to perform his duties 1848, 313, by reason of absence or ill health, shall perform the duties and exercise the authority herein conferred on such superintendents, and shall in like manner render their accounts to the state treasurer, and pay over the money so received, deducting therefrom a reasonable compensation for their services. Penalty for land- 9. If any master, or commanding officer of any vessel, ing passengers with intent to shall land any such alien passengers at any place within avoid, &C. di nbid, s 9. this state other than those to which said vessel is destined, with intent to avoid the requirements of this act, such master or commanding officer shall forfeit the sum of one hundred dollars for every such passenger so landed. Penalty for land- 10. If any master or commanding officer of any vessel without comp ly- shall land, or permit to be landed, in this state, any alien ing with law. Ibid, 10s. passengers as aforesaid, without complying with the fore1 So much of this section as relates to alien passengers not bonded, was repealed by stat. 1 849, c. 34. ALIEN PASSENGERS. 29 going provisions, said master or commanding officer, and the owner or consignee thereof, shall severally forfeit the sum of five hundred dollars for every such alien passenger so landed; provided, always, that the provisions in this act Proviso. shall not extend to seamen sent from foreign places by consuls or vice-consuls of the United States, nor to vessels coming on shore in distress, or to any alien passenger taken from any wreck, where life is in danger.1 11. Any master, owner, consignee, or agent of any Master, owner, &c., of vessel, to vessel, or any passenger-carrier by water, who shall bring give bond for every alien pasor aid in bringing into this commonwealth, any alien never senger. before within the state, shall, for each and every such l50' 105, 1. alien, give a bond to the commonwealth with good and sufficient sureties, to be approved by the superintendent of alien passengers, in the penalty of one thousand dollars, with a condition that no such alien shall ever become a city, town or state charge as a pauper, and in default of giving such bond, shall forfeit and pay to the use of the common- Penalty. wealth, the sum of one thousand dollars for every such alien so brought into the state, to be recovered by action of debt, in any court competent to try the same; provided, May pay $2 that it shall be at the option of every such master, owner, consignee, or agent of any vessel, or passenger-carrier by water, to pay to the superintendent of alien passengers, for the use of the commonwealth, in place of such bond, the sum of two dollars for every such alien, who is not, in the opinion of the superintendent, a pauper, lunatic, or idiot, or maimed, aged, infirm or destitute, or incompetent to take care of himself or herself, without becoming a public charge as a pauper; and provided, also, that this act shall not ex- Proviso. tend to seamen sent from foreign ports by consuls or viceconsuls of the United States, nor to ambassadors, consuls, or public ministers, or other persons representing foreign states, nor to persons coming on shore from vessels in distress, nor to any alien passenger taken from any wreck where life is in danger. 1 The stat. of 1848, c. 313, ~ 11, repealed stat. 1837, c. 238; 1840, c. 96; and 1845, c. 76. 30 ALIEN PASSENGERS. Superintendent 12. The superintendent of alien passengers in any city may make demand for bonds or town of this commonwealth, may make all demands for and examinations. bonds under the preceding section, and all examinations of Ibid, ~ 2. alien passengers, brought or coming into this state by water, necessary to enforce the provisions of all acts in relation to alien passengers. Paupers may be 13. Upon the complaint of superintendents of alien passent home. R. S., 46, g 17. sengers, justices of the peace may, by warrant directed to, and to be executed by any constable, or any other person therein designated, cause any pauper, residing or found in their towns, having no lawful settlement, within this state, to be sent and conveyed, at the expense of the state by land or water, to any other state, or to any place beyond sea, where he belongs, if the justice thinks proper, and if he may conveniently be removed; but if he cannot be so removed, he may be sent to and relieved, and employed in the house of correction or work-house at the public expense. 1 Expenses for 14. Whenever any city or town shall have incurred support of bonded alien to be any expense or charge for the support of any alien for paid by commonwealth. whom a bond has been given, under the foregoing provisions, the claims of such city or town therefor, upon being approved by the auditor, may be paid by the treasurer of the commonwealth, whose duty it shall be to cause the same to be forthwith collected of the obligors in such bond, and paid into the treasury of the commonwealth. Superintendents 15. The superintendents of alien passengers shall, on to make annual returns of re- or before the fifteenth day of December of each year, ceipts and expenditures. make returns of all moneys by them received and expended, ee 50,292, p 1. to the treasurer of the commonwealth, and said returns shall show the details of every account for which said moneys have been received and expended. 1 The act of 1850, c. 105, ~ 5, repealed all acts and parts of acts, inconsistent with that act. 31 AMUSEMENTS. STATUTES. 2. Penalty for exhibition, &c. with1. Mayor and aldermen may li- out license. cense theatrical and other ex- 3. Masked balls forbidden, under hibitions, &c. penalty. 1. The mayor and aldermen of any city, or the selectmen Mayor and aldermen may liof any town, may license all theatrical exhibitions, public cese theatrical shows, public amusements, and exhibitions of every descrip- ionsk, &c. tion, to which admission is obtained upon payment of money, see ante, p. 13. or the delivery of any valuable thing, or by any ticket, or voucher, obtained for money, or any valuable thing, upon such terms and conditions as they shall think reasonable; and they may revoke or suspend the same whenever there shall appear to them to be sufficient cause for such revocation or suspension. 2. Any person who shall offer to view, or shall set up, Penalty for exhibition without a set on foot, maintain, or carry on, or shall publish, or other- license. wise assist in, or promote any such exhibition, show, or Ibi, 2. amusement, as mentioned in the preceding section, without a license as therein specified, shall be punished by a fine not exceeding five hundred dollars for each offence. 3. Any person who shall get up and set on foot, or Masked balls forbidden, under cause to be published, or otherwise aid in getting up and penalty. promoting any masked ball, or other public assembly, atbid 3. which the company wear masks, or other disguises, and to which admission is obtained upon payment of money, or the delivery of any valuable thing, or by any ticket or voucher obtained for money, or any valuable thing, shall be punished by a fine not exceeding five hundred dollars; and for a repetition of the offence, by imprisonment in the common jail or house of correction, not exceeding one year. 32 AUCTIONEERS. STATUTES. 3. Penalty for selling in Boston, 1. Mayor and aldermen may li- contrary to license. cense auctioneers. 4. Tenants, &c. answerable, if 2. Conditions to be inserted in the they permit unlicensed sales in license. their premises. Mayor and alder- 1. By the operation of the city charter, transferring all men may license auctioneers. the powers of the selectmen of Boston to the mayor and 1821, 110, ~ 13. 1795, 8, 1. aldermen, and of the statute of 1795, c. 8, ~ 1, in force when the city charter was adopted, the power of licensing auctioneers in Boston, is in the mayor and aldermen. Conditions to be 2. In all licenses granted to auctioneers in the city of inserted in the license. Boston, the mayor and aldermen may make such conditions, R. s. S29, ~13. respecting the places of selling goods and chattels by auction, within said city, as they shall think expedient. Penalty for sell- 3. If any person shall make any sale by auction in the ing in Boston, contrary to city of Boston, at any place not authorized by his license, he license. Ibid, ~ 14. shall be subject to the like penalties as for selling by auction without license; and the same shall be recovered, by action of debt, or by indictment, to the use of the city of Boston. Tenants, &c., 4. The owner, tenant or occupant of any house or answerable, if they permit un- store, having the actual possession and control of the same, licensed sales in their premises. who shall allow or permit any person, licensed as aforesaid, 1819, 132, 2. to sell any goods or chattels by public auction or out cry, in his said house or store, or in any apartment or yard appurtenant to the same, contrary to the conditions, limitations or restrictions, annexed to the license of such person, shall be liable and subject to the same penalties and forfeitures, to be prosecuted for and recovered in the same manner, as if such owner, occupant or tenant, had knowingly allowed or permitted any unlicensed person, to sell any goods or chattels, by public auction, or out cry, in his said house and store, or in any apartment or yard appurtenant thereunto. 1 For general laws respecting sales by auctioneers, see Rev. Stat. c. 29; also stat. 1837, c. 233; 1839, c. 111; 1843, c. 21; 1844, c. 36, 90; 1847, c. 264; 1849, c. 138; 1850, c,. 42. BOATS AND LIGHTERS. STATUTES. 6. Marks to be examined every 1. Weighers of Lighters, &c., to year. be appointed by the mayor and 7. Fees. aldermen. 8. Penalty for neglecting to. have 2. Lighters, &c., to be marked. lighters weighed. 3. Duty of weighers. 9. Penalty for falsely placing 4. Deduction maybe made of one marks, &c. ton for every inch, &c. 10. City council authorized to make 5. Persons on board, to keep be- ordinances, &c., weighing and tween bulk head and fore marking vessels. chains, under penalty. 1. By the Revised Statutes, the mayor and aldermen Weighers of ihtes, &C., to of the city of Boston are required to appoint, in the months balighppoi nted by the mayor and of March or April, annually, one or more weighers of ves- aldermen. sels, who shall be sworn to the faithful discharge of the R. S. 31, Q 1. duties of that office. 2. Every lighter or other vessel employed in transport- Lighters, &c. to ing any stone sold by weight, or any gravel or sand, is re- Ibid, ak2. quired to be marked on the stem and stern post, nearly level with the bend of such vessel, with stationary marks of bar iron, not less than six inches in length, and two and a half inches in breadth, fastened with two good and sufficient iron bolts, driven through said stem and stern post, and riveted into the said bar iron, from which all other marks shall take their distance, in feet, inches, and parts of inches, as the distance may require, from the lower edge of the said stationary marks to the lower edge of the other marks; which marks shall be as follows, namely; light water rmarks, not less than four inches in length and one inch and a half in breadth; and every four tons above said light water marks, legibly cut, or cast, in figures, of 4, 8, 12, 16, 20, and so forth, up to the full capacity of the vessel; and said figures shall express the weight, which such vessel is capable of carrying, when the lower part of the respective numbers aforesaid shall touch the water; and all the said marks shall be of good and sufficient lead or 34 BOATS AND LIGHTERS. copper, fastened on the stem and stern post of each vessel with sufficient nails not less than one inch in length. Duty of weigh- 3. Every such weigher shall furnish all the requisite ers. Ibid, 3. marks and nails, when thereto requested, and shall cause all such lighters and other vessels to be weighed and marked in conformity with the provisions of the preceding section, and during the time of so weighing and marking them, all the persons, employed on board of said vessels, shall be stationed betwveen the bulk head and the fore chains thereof; he shall also keep a correct account of the distance of each mark, below the stationary marks, in feet, inches and parts of inches, in a book to be kept for that purpose, and give a certificate thereof, expressing the distance as aforesaid, to the master of every such vessel. Deduction may 4. In taking the tonnage of every such vessel, a deducton for every tion may be made of one ton, for every inch that the light inch, &c. Ibid, B 4. water marks may be under water, after such vessel shall have discharged their loading. Persons on 5. Every person, on board of any such vessel, who board, to keep between bulk shall not keep within the bounds of the bulk head and fore head and fore chailus, tnder chains, during the time of taking her marks, or while any Ibid, 4 5. weigher shall be employed in weighing or marking as aforesaid, unless in case of absolute necessity, shall forfeit a sum not exceeding twenty dollars for every offence. Marks to be ex- 6. All such vessels shall have their marks examined in amined every year. the month of June in each year, by a sworn weigher, who [bid, O 6. shall ascertain if their marks agree with their former certificates, and, if so, shall certify the same accordingly; and in case such marks should not agree with the former certificates, the said weigher shall keep such certificates in his possession, to be used as evidence against the master or owner of said vessel, in any prosecution under the provisions of this chapter; and such vessel shall, moreover, in such case, be weighed again. Fees. 7. Every weigher of vessels shall be entitled to receive, from the owner or master of each vessel, weighed and marked according to the provisions of this chapter, the following fees, to wit; twenty cents for every ton of such vessel, and four dollars for furnishing marks, nails, and BOUNDARY LINES. 35 other necessary articles, and fastening the same, and giving the certificate, as before provided; and for the services required of him by the preceding section, he shall receive one dollar and fifty cents. 8. Every owner or master of any such vessel, who shall rcIalty for negneglect to have the same weighed, marked and examined, lihters weighaccording to the provisions of this chapter, or who shall Ibid, 8. remove any marks, or alter his certificate, shall forfeit a sum not exceeding three hundred dollars for every offence. 9. Every such weigher, who shall be guilty of placing Penalty for any such mark, contrary to the provisions of this chapter, marks, &c. Ibid, ~ 9. or who shall give a false certificate, shall forfeit a sum not exceeding three hundred dollars for every offence. 10. A statute was passed in 1848, authorizing the city City ornied council of the city of Boston to establish any ordinances to make ordinances, &c. reand regulations respecting the weighing and marking of spectingsweighlighters, and other vessels employed in the transportation of vessls. of stones, gravel, sand, or other ballast, and for the inspection and weighing such ballast within the city of Boston, including the appointment and compensation of weighers, markers, inspectors, or other officers necessary to carry such ordinances and regulations into effect, as they may deem expedient, and to affix penalties for the breach thereof, not exceeding those provided above; and providing that the adoption of any such ordinance or regulation shall supersede the foregoing provisions, within said city, so far as the same shall be inconsistent with, or repugnant to said provisions. BOUNDARY LINES. STATUTES, &C. 3. Line between Boston and Rox1. Line between Boston and Rox- bury declared. bury. 4. Line between Boston and Rox2. Ratification of the line agreed bury modified. upon between Boston and Roxbury. 86 BOUNDARY LINES. 5. Line between Boston and Rox- 12. Selectmen authorized to lay bury altered. out streets in South Boston. 6. Further altered. Provisoes. 7. Further altered. Proviso as to 13. Thompson's Island annexed to election of senators. Boston. 8. Mayor and aldermen of Boston 14. Line between Boston and shall cause monuments to be Brookline. Suffolk and Norerected, &c. folk counties. Proviso as to 9. Mayor and aldermen of Boston wooden buildings. to furnish lists of voters to 15. Land annexed to ward No. 6. Roxbury. Penalty. PERAMBULATIONS. 10. Annexation of part of Dor- 16. Boston and Roxbury. chester to Boston, (S. Boston.) 17. Boston and Dorchester. 11. Lots of land to be set apart for 18. Boston and Brookline. public use, in South Boston. Line between. It appears, from the records of the selectmen of the Boston and ltoxbury. town of Boston, May 20, 1788, that the following boundary line between Boston and Roxbury was agreed upon by the selectmen of both towns, and the agreement was accepted (Selectmen's by the selectmen of Boston, to wit;-Beginning at the 1786 to 1792, mouth of the creek which opens into the bay leading to Cambridge, and as the creek runs until it comes in a range with the fence and trees between the land now occupied by the widow Susannah Davis, formerly John Richardson, Esquire's, and the land now belonging to the heirs of Samuel Wells, Esq., deceased, formerly Mr. Minot's, then across the street or highway, until it comes to a large stone standing endwise in the fence on the easterly side of said street or highway, and from thence south forty-three degrees east to a large stone standing endwise in the ground about eighty feet from the said street or highway, marked B. on the easterly side, and R. on the westerly side, and from thence the same course to a large stone standing in the meadow, marked B. on the northwesterly side, and R. on the southeasterly side; from thence turning and running north fifty-eight degrees, east by a straight line until it comes to a stone affixed in Lamb's Dam, (so called) and from thence to the creek, and as said creek runs into the bay between the towns of Boston and Dorchester. Ratification of 2. An act was passed, April 30, 1787, for altering the line agreed upon between part of the boundary line between the towns of Boston and BOUNDARY LINES. 37 Roxbury, and for ratifying an agreement made between the Boston and Roxbury. said towns for that purpose, reciting, that that part of the 1786, 87, 9 1. boundary line between the towns of Boston and Roxbury, which crossed Lamb's Meadow, so called, was nearly obliterated, and that the selectmen of said towns had petitioned the general court, that a new direct line might be established in lieu thereof, agreeably to a plan mutually agreed on by the said towns; and that it appeared reasonable that said agreement should be ratified and confirmed: and declaring that the agreement entered into between the towns of Boston and Roxbury, for altering that part of the boundary line between the said towns, which crossed Lamb's Meadow, so called, be ratified and confirmed. 3. It was also provided, that a line in lieu of the afore- Line between Boston and Roxsaid obliterated boundary line, should in all future peram- bury declared. bulations thereof, be run in the following manner, that is to bid, say, by a straight line in the same direction with the then existing line from the road leading from Boston to Roxbury, from the most easterly boundary-marked stone in the said Lamb's Meadow, one chain and forty-one links; thence turning and running north fifty-eight degrees east, by a straight line across the said meadow, until it strikes the ancient boundary mark in Lamb's Dam, so called. 4. By an act passed in 1836, it was provided, that the Line between Boston and following lines, which have been mutually agreed upon be- Iaoxbury, modified. tween the city of Boston and the town of Roxbury, shall 1836, 37. thereafter constitute and be considered the boundary lines in the section to which they refer, between said city and said town, to wit; beginning at a stone monument on the southwesterly side of the dyke that forms the southwesterly boundary of the Empty Basin, so called, from which point the centre of the steeple of Park Street meeting-house, in said city, bears north, fifty-three degrees east, this line to run in this direction from the point above mentioned, about two hundred and ninety rods, until it strikes the centre of the main channel westerly of the rope-walk lands, in said city; thence turning and running northerly in the centre of said channel, about one hundred and twenty-five rods, to a point two hundred feet distant, southerly, from the main 38 BOUNDARY LINES. branch of the Mill Dam, or Western Avenue; thence turning nearly at right angles, and running westerly nearly on a parallel line with said Mill Dam, until it strikes the branch thereof leading to Roxbury, at which point a stone monument has been erected. And the territory and jurisdiction on either side of the said lines as thereby established, were accordingly confirmed to said city and town respectively. Line between 5. By an act passed in 1837, the boundary line between Boston and Roxbury altered. the city of Boston and the town of Roxbury, which then 1837, 202, ~ 1. ran on the easterly side of Plymouth Street, was altered, so that the same was thereafter established as follows, to wit; beginning at a stone monument, which then marked the south corner bound of said city, being one hundred and forty-one feet easterly of said Plymouth Street, and from the said monument running on a straight line in a northeasterly direction to the Centre Point, (so called,) where the Roxbury old and new channels form a junction, being about four thousand five hundred feet from the said monument. Further altered 6. The boundary line between the said city and town which then passed over a part of Tremont Street, in said city, was also altered, so that the same was thereafter established as follows, to wit; beginning on the southeasterly side of said Tremont Street, at the centre of a bridge then erected across the creek which divides the said city from said town, and thence running northwesterly at right angles with said Tremont Street, about two hundred and fifty feet, until it intersects the then boundary line between said city and town, in the middle of said creek. Further altered. 7. The boundary line between the city of Boston and 1850, 281, Q 1. the city of Roxbury, southeasterly of Harrison Avenue, was altered and established, by an act passed in 1850, as follows, to wit; beginning at a point in the present boundary line at the centre of the Roxbury Canal, (so called,) thence running in the centre of said canal to a point in the same, situate one thousand and seven feet from the southeasterly side of Harrison Avenue, measuring southeasterly and in the range of the westerly side of Worcester Street BOUNDARY LINES. 39 in said Boston, thence running in a straight line northeasterly about twenty-six hundred and twenty-two feet to a pile monument in the Roxbury Channel in the present line; and all that portion of land or flats northwest of the line thereby established, was thereby annexed to and made part of the said city of Boston, in the county of Suffolk: Provided, however, that the territory so transferred, shall, Proviso as to' election of for the purpose of electing senators, continue to be and senators. remain, a part of the city of Roxbury; and that all the inhabitants residing upon it shall, until otherwise constitutionally provided, always enjoy, in relation to the election of senators, all the rights and privileges of, and in relation to, voting in the said city of Roxbury, which they would have possessed if this act had not passed, such voting to be in the ward, whereof the place of voting shall be for the time being, nearest the westerly corner of the said territory. 8. The mayor and aldermen of the city of Boston shall Mayor and aldermen of cause suitable monuments to be erected and continued, Bostonshall cause monushowing the line between the said city of Boston, as it has ments to be existed by said territory hitherto, and shall cause the same Ibid, $,. to be perambulated in like manner and with the like penalties for neglect, as now by law is or are provided in respect to other boundary lines of cities and towns, such penalties to be recovered against the said city of Boston. 9. The mayor and aldermen of the city of Boston shall Mayor and aldermen of annually furnish to the city authorities of Roxbury, forty- Bostos to furish lists of eight hours at least before any senatorial election, correct oters to Roxlists, so far as may be ascertainable from the records and biudr 3. doings of the said city of Boston or any of its officers, of all persons resident in the territory hereby set off, who shall be entitled to vote for senators as aforesaid, in the said city of Roxbury: and the said city of Boston, for Penalty, every neglect of its said mayor and aldermen so to furnish such list, shall forfeit the sum of one hundred dollars; and for the making of a false return in respect to any part of such list, shall forfeit the sum of twenty dollars for every name in respect to which a false return shall have been made; to be recovered in the same manner as is provided 40 BOUNDARY LINES. by the fourth section of the third chapter of the Revised Statutes, in respect to penalties for neglect or false returns by collectors of towns. Annexation of 10. By the act of annexation of South Boston, passed part of Dorchester to Boston, March 6, 1804, it was provided that all that part of Dor(South Boston.) 1803, 1 1, 1. chester, lying northeast of the following line, viz: Beginning at a stake and stones at Old Harbor, so called, at the southwest corner of land formerly belonging to John Champney, running north thirty-seven and one half degrees west, to a large elm tree, marked D. on the southwest side, and B. on the northeast side, standing on land belonging to the heirs of Thomas Bird, deceased; then running the same course to a heap of stones on the southeast side of the road; thence across the road, the same course, to a heap of stones on the northwest side; thence on the same course to a black oak tree, standing on a small hummock, marked D. on one side, and B. on the other side, upon land of Ebenezer Clap, jr.; thence the same course till it comes to Boston Harbor, with the inhabitants thereon, be annexed fo the town of Boston, in the county of Suffolk, and be considered and deemed to be a part of the town of Boston. Lots of land to 11. It was further provided by the same act, that the be set apart for public use in proprietors of the said tract, should assign and set apart Bouth Boston. Ibid, ~ S. three lots of land on the same, for public use, viz: one lot for the purpose of a public market place, one lot for a school house, and one lot for a burial ground, to the satisfaction and acceptance of the selectmen of the town of Boston; or in case the said selectmen and proprietors should not agree upon the said lots, it should be lawful for the supreme judicial court, at any session thereof in the said county of Suffolk, upon application of the said selectmen, to nominate and appoint three disinterested freeholders within the commonwealth, and not inhabitants of said town of Boston, to assign and set off the three lots aforesaid, by metes and bounds; and the report of the said freeholders, or any two of them, being made and returned to, and accepted by the said court, at any session thereof in said county, should be final and binding upon all parties; and the lots of land by them assigned and set off as afore BOUNDARY LINES. 41 said, should thenceforth vest in the said town of Boston forever, without any compensation to be made therefor by the town; but if the person or persons whose land should be assigned and set apart as aforesaid, should demand compensation therefor, the same should be appraised by three freeholders to be appointed as aforesaid, who should also assess upon the other proprietors, the sum or sums which each should be holden to pay to the person whose lands might be thus assigned for public use; and the report of said freeholders or any two of them, being made and returned to, and accepted by said court, judgment thereon should be final, and execution awarded as in cases of reports by referees, under a rule of court. 12. The selectmen of Boston were authorized to lay Selectmen auout such streets and lanes through the said tract, as in out itnts ly South Boston. their judgment might be for the common benefit of the said Ibid, Q 3. proprietors and of said town of Boston; a reasonable attention being paid to the wishes of the proprietors; and in case of disagreement between the selectmen and proprietors, or either of them, tle same proceedings were to be had as were provided by law in other cases for laying out town ways: provided, only, that no damages or compensa- Provisoes. tion should be allowed to any proprietor for such streets and lanes as might be laid out within twelve months from the passing of this act: andprovided, also, that the town of Boston should not be obliged to complete the streets laid out by their selectmen pursuant to this act, sooner than they might deem it expedient so to do.1 13. By a statute passed March 25, 1834, it was Thompson's Island annexed enacted, that Thompson's Island, lying in the harbor of to Boston. Boston, and previously a part of the town of Dorchester, 1834, 102. with the inhabitants thereon, should be annexed to the city of Boston, in the county of Suffolk; and should be considered and deemed to be a part of the city of Boston; pro- Provisoes. vided, that said island should revert to the town of 1 As to the streets in South Boston, see Commonwealth v. City of Boston, (16 Pick. Rep. 442;) Wright v. Tukey, and Bowman v. City of Boston, decided in the supreme judicial court, March term, 1849. 6 42 BOUNDARY LINES. Dorchester, in one year after it should cease, by the voluntary act of the proprietors, to be used for the purposes of a farm school, or other charitable public purposes, and should be appropriated to any other use; and provided, also, that nothing in the act contained should destroy or affect any lawful right that the inhabitants of the said town of Dorchester then had, to dig and take clams on the banks of said island. The island is exempted from taxation, so long as it shall continue to be appropriated to the use of the Boston Farm School, or to any similar public charity.1 Line between 14. By an act passed February 22, 1825, it was proBoston and Brookline. vided, that the agreement made by and between the mayor lS24, 90, Q 1. and aldermen of the city of Boston, for and in behalf of said city, and the selectmen of the town of Brookline, in behalf of said town, relative to the boundary lines between the said city and town, be ratified and confirmed, and that henceforth the boundary lines between the said city and town, should be as follows, viz. beginning at a point marked (a) on a plan drawn by S. P. Fuller, 1123 feet distant westerly from the westerly side of the filling sluices of the Boston and Roxbury mill dam; thence running northwesterly from the said point (a) at an angle of 115 degrees from the mill dam, until it strikes the centre of the channel of Charles River, and also running from the said point (a) southerly, at an angle of 103 degrees forty minutes, until it strikes the centre of the channel of Muddy River, at a point where the respective boundaries of Boston, Brookline, and Roxbury meet each other. It was further enacted, Suffolkand Nor- that the boundary lines between the counties respectively folk counties. Ibid, Q 2. of Suffolk and Norfolk, so far as they were affected by the act, should thereafter conform to the said boundary lines between the said city and town, and the same were declared and established to be the boundary lines between the said counties respectively, any thing in any former act Proviso as to to the contrary notwithstanding: provided, however, that wooden buildings. the several laws regulating the erection of buildings within 1 For enactments respecting the Boston Asylum and Farm School, see 1813, c. 153; 1823, c. 53; 1833, c. 135; 1835, c. 28; and 1838, c. 16. BOUNDARY LINES. 43 the city of Boston, should not extend to the land thereby transferred from the said town of Brookline, to the said city. 15. By an act passed March 3, 1826, the tract of land Land annexed to ward 6. annexed to the city of Boston by the preceding act, was 1825, 128. made a part of ward numbered six, in said city. PERAMBULATIONS. 1 16. The mayor and aldermen of Boston and Roxbury, Perambulation on the 25th of November, 1846, made a perambulation of Boston and Roxbury, Nov. 25, the line between Boston and Roxbury, pursuant to the 1846. City Records, Revised Statutes, and run the line and renewed the bound vol. 24, p. 601. marks between the city of Boston and the city of Roxbury, as follows, to wit: Beginning in the centre of the channel dividing the city of Roxbury and the town of Dorchester, at the point where the line dividing the city of Boston from the town of Dorchester intersects the centre of said channel; from thence running northerly by the centre of said channel until it meets the centre of another channel; then running westerly through the centre of the last mentioned channel to a monument placed therein; then running in a southwesterly direction about 4500 feet to a stone monument standing in a meadow which marks the south bounds of the city of Boston, which monument is marked B. on the northeasterly side and R. on the southwesterly side; from thence running northwesterly five hundred and forty-two feet and one half foot, to a stone post two hundred and fifteen feet from the former line of Washington Street; thence continuing the same course two hundred and fifteen feet to a stone post standing in Washington Street, marked B. on the northeasterly side, and R. on the southwesterly side; from thence across said street to the fence dividing the land now or formerly belonging to Isaac Scott and others, (formerly also of Minot,) from land now or formerly belonging to Susannah and Sarah Davis, (formerly also of John Richardson, Esq.;) thence by said fence and the line 1 For general provisions respecting the boundaries of towns, and the perambulation of the same, see Rev. Stat., c. 15, ~ 1-7. 44 BOUNDARY LINES. thereof continued to the creek, formerly opening into the bay leading to Cambridge, but now into the full basin of the Boston and Roxbury Mill Corporation; thence through the centre of said creek to the centre of the bridge across Tremont Street; thence by a line running northwesterly at right angles with said Tremont Street, about two hundred and fifty feet, to the middle of said creek; thence by the centre of said creek to a stone post standing on the dyke of said corporation, dividing said full basin from the receiving basin of said corporation, marked B. on the southeasterly side, and R. on the northwesterly side; froam thence running north fifty-three degrees east, in a direction to the steeple of Park Street meeting-house in Boston, about two hundred and ninety rods to the centre of the main channel westerly of Charles and Pleasant Streets in Boston; from thence northerly through the centre of said channel to a point two hundred feet distant southerly from the mill dam, or Western Avenue, running westerly by a straight line to a stone post, standing on the easterly side of the branch of the said mill dam leading to Roxbury, marked B. on the northerly side, and R. on the southerly side; thence across said branch dam to another stone post standing on the westerly side thereof, and marked B. on the northerly side, and R. on the southerly side; thence by the centre of the channel, in said full basin, to the line dividing Boston and Roxbury from Brookline. 1 Between Boston 17. The line between Boston and Dorchester was perand Dorchester. Ibid, p. 599. ambulated on the same day, by the mayor and aldermen of Boston and the selectmen of Dorchester, as follows: Beginning at Old Harbor, so called, at the southwest corner of land formerly belonging to John Champney, running north, thirty-seven and one half degrees west, to a stone post marked B. on the northeast side, and D. on the southwest side; then running the same courses to another stone post, standing near Dorchester Street, marked B. on the northeast side, and D. on the southwest side; then across 1 The line thus perambulated was altered by the statute of 1850, c. 281. See ante, pp. 38, 39 BRIDGES. 45 said Dorchester Street, and continuing the same course, to -a stone post standing on the Dorchester Turnpike, marked B. on the northeast side, and D. on the southwest side; then continuing the same course until it comes to Boston Harbor, being the same line described in the act entitled, "An act to set off the northeast part of the town of Dorchester, and to annex the same to the town of Boston." 18. The line between Boston and Brookline was also Between Boston and Brookline. perambulated as follows: Beginning at a stone post Ibid, p. 600. marked Bo. on the easterly side, and Br. on the westerly side, standing on the Boston and Roxbury Mill Dam, westerly from the new filling sluices erected in said dam, (the old sluices referred to in the act of February 22d, 1825, entitled " an act relative to the boundary lines of the city of Boston and to the town of Brookline" having been removed;) thence running northwesterly from said post, at an angle of one hundred and fifteen degrees from the mill dam, until it strikes the centre of the channel of Charles River, and also running from the said post, southerly, at an angle of one hundred and three degrees forty minutes, until it strikes the centre of the channel of Muddy River, at a point where the respective boundaries of Boston, Brookline, and Roxbury meet each other, being the same lines mentioned and described in the above recited act. BRIDGES. STATUTES. der to the commonwealth, in 1. Incorporation of Boston South case, &c. Bridge. 4. Provision for discontinuance of 2. Width, and manner of building the bridge, in case, &c. and maintaining said bridge. 5. Transfer of Boston South 3. Proprietors authorized to trans- Bridge to the city. fer the franchise and materials 6. Boston Free Bridge Corpoto the city of Boston; to be ration. Authority to build a toll free. Provision for surren- bridge. 46 BRIDGES. 7. Obligations imposed upon the 16. A highway authorized to be corporation. laid out over said bridge. Pro8. Compensation for land taken. viso. 9. City of Boston at liberty to 17. Highway authorized over cererect said bridge. tain tide waters. 10. Surrender of the Free Bridge, 18. Highway to be laid out over &c. to the city of Boston. Chelsea Free Bridge and the 11. City of Boston authorized to tide waters thereat. Bridge, maintain wharves or piers on how to be maintained. Draw. both sides of the Free Bridge. 12. Penalty for injury to bridge, &c. ORDINANCE. 13. Right to use wharves, &c. shall 1. Superintendents of Boston cease in case, &c. South Bridge and Boston Free 14. Wharves, &c. not to be within Bridge to be chosen. forty feet of other wharves, &c. 2. Their duties. 15. City of Boston authorized to 3. Penalty for injuring bridges, purchase Chelsea Point Bridge. &c. BOSTON SOUTH BRIDGE. Incorporation of 1. By an act passed March 6, 1804, William Tudor, Boston South Bridge. Gardiner Greene, Jonathan Mason and Harrison Gray 1803, 113, 1, 2, 3,5,6,'8. Otis, and those who should become their associates, were made a corporation, under the name of " The Proprietors of the Boston South Bridge." Provisions were made for organization, the rates of toll, the amount to be paid to vessels passing the draw, and the indemnity to be paid to persons whose land should be taken; and a penalty of not more than fifty nor less than twenty dollars was imposed upon the corporation, for every neglect or refusal to open the draw, or unnecessary detention of any vessel about to Ibid, S 7. pass. It was also provided that the act should be void, if the corporation should refuse or neglect to build and complete the bridge for the space of three years. The provision 1829,119. for the payment to vessels passing the draw was repealed by an act passed March 12, 1830. Width and man- 2. The fourth section of the same act provided, that ner of building and maintaining the bridge should be built of good and sufficient materials, said bridge. 1803, 113, ~ 4. not less than forty feet wide, and well covered with plank or timber, suitable for such a bridge, with sufficient rails on each side for the safety of travellers and protection of foot passengers; that it should be kept accommodated with not less than twenty lamps, which should be well supplied with oil, and lighted in due season, and kept burning until BRIDGES. 47 midnight; that there should be made a good and sufficient draw or passage way, at least thirty feet wide, in the channel over which said bridge should be built, proper for the passing and repassing of vessels, through which vessels might pass free of toll; that there should be erected at said draw and maintained in good repair, a well constructed and substantial pier or wharf on each side of the bridge, and adjoining to the draw, every way sufficient for vessels to lie at securely; that the draw should be lifted for all vessels without delay and without toll, except for boats passing for pleasure; that the proprietors might make the leaves of the draw twenty feet long, instead of the width of the bridge; and that the bridge should be kept in good, safe and passable repair for the term of seventy years from the day of the first opening of the bridge for passengers, and at the expiration of said term should be surrendered to the commonwealth, who should be deemed the successor of the corporation. 3. On the 23d of June, 1831, after the Boston Free Proprietors authorized to Bridge had been built, and the Boston South Bridge was transfer the franchise and greatly diminished in value, in consequence thereof, an act materialsto the was passed, authorizing and empowering the proprietors of 1831, 71, ~ 1. the Boston South Bridge to sell, assign, and transfer to the city of Boston, the franchise and materials of said Boston South Bridge, to have and to hold the same to the said city and its successors forever; provided, that no toll or duty To be toll free. should ever be exacted or paid for any travel over said bridge, or passing the draw of the same, and the said city should always be held liable to keep said bridge and draw in good repair, and to raise the draw of said bridge, and afford all necessary and proper accommodation to vessels that have occasion to pass the same by night or by day, and should keep said bridge sufficiently lighted. This act also au- Provision for thorized the proprietors to surrender the franchise to the commonwealth, In case, &c. commonwealth, in case the city of Boston should not, be- lbida, 2. fore the 15th of September in the same year, pay them such sum as should be agreed upon, and receive a transfer. 4. By an additional act, passed March 16, 1832, the Provision for discontinuance proprietors of the Boston South Bridge were authorized to of the bridge, in case, &c. 48 BRIDGES. 1832, 136, s 1. discontinue said bridge, as a pass way, and at any time between the passing of this act, and the first day of August then next, if the city of Boston, before the first day of May then next, should not pay to said proprietors such sum of money as might be agreed upon by them and the said city, for a transfer and assignment of the franchise and materials of said bridge, as above provided, and to take up and remove the materials. Tranoston South 5. On the 12th of March, 1832, the joint committee of Boston South Bridge to the the city council upon the subject was authorized to agree city. City Records, with the proprietors of the Boston South Bridge for the vol. 10. pp. 78, 97. purchase of their franchise. On the 2d of April they made their report, that the proprietors offered to sell, for a sum not less than thirty-five hundred dollars; and recommended that the offer be accepted. This report was accepted by the city council. A vote was passed by the corporation, April 19, 1832, authorizing the president and clerk to execute a deed to the city; and a deed was exRecordsofSuf- ecuted accordingly, dated April 19, in consideration of folk deeds. Lib.360, fol. 50. $3500, conveying to the city of Boston and its successors " all that the franchise and also all the materials of the Boston South Bridge, together with the buildings, rights, wharves and real estate of the said corporation, and every part and parcel thereof, whatsoever the same may be, and wheresoever situate, with all the privileges, appurtenances and immunities of every description to the granted premises and any part thereof in any wise appertaining,"-" subject nevertheless always to all the provisoes, terms, duties, conditions and tenure in the aforesaid acts of the said commonwealth set forth and expressed." BOSTON FREE BRIDGE. Boston Free 6. The Boston Free Bridge Corporation was incorpord.Corpora- ated March 4, 1826. The corporation was authorized and Authority to build a bridge. empowered to build and construct, or cause to be built and 1825, 147, 1,2. constructed, a free bridge, with one or more suitable and sufficient draws, across the water and over the channel, in or near a direction in a straight line from or near Sea street, in Boston, to the newly made land at South Boston, BRIDGES. 49 and nearly in the direction of the Dorchester turnpike, and to erect a wharf or pier on each side of said bridge, near said draws, for the accommodation of vessels passing through said bridge; such bridge and wharves to be built in such manner as the city government of Boston should approve: Provided, however, that said corporation should be holden to make compensation to any person, or corporation, whose land should be appropriated to the use of said bridge. 7. It was further enacted that no toll or duty should Obligations imposed upon the ever be exacted or paid, for any travel over said bridge, or corporation. passing the draws of the same; and that said corporation Ibid, 3. should always be held liable to keep said bridge and draws in good repair, and to raise the draw of said bridge, and afford all necessary and proper accommodation to vessels, that should have occasion to pass the same by night or by day, and should keep said bridge sufficiently lighted; and if any vessel should be unreasonably delayed or hindered in passing said draw, by the negligence of said corporation or their agents, in discharging the duties enjoined on them by this act, the owners or commanders of such vessels should recover reasonable damage therefor, of said corporation, in an action on the case, before any court proper to try the same; and if the said corporation should not, within three years from the passing of this act, locate, construct, build, and complete said bridge, agreeably to the provisions of this act, then the act should be null and void: Provided, that whenever the city government of Boston C~!1igations to should assume the care and obligations of keeping said v -ernmlenty bridge in repair, lighting the same, and providing facilities a...,ume~ the care for raising said draw or draws, as aforesaid, then the obli- BA:,ridge. gations imposed on said corporation to that effect, shouid be annulled, and the same should devolve on the said city government; in which case the damages mentioned in this section should be sued for, before any court proper to try the same, in either of the counties of Middlesex or Essex. But unless the city government should assume the care and obligations aforesaid, the said corporation, before commencing the building of said bridge, should furnish ade 50 BRIDGES. quate security, to the satisfaction of the said city government, for the due performance of the obligations and duties imposed on said corporation by the provisions of this act. Compensation 8. The fourth section provided for the mode of recovIbid, ~ 4. ery of compensation for land taken. City of Boston 9. It was further enacted, that if the city government erect said bridge. of Boston should, within three months from the passing of this act, determine, by a concurrent vote of both branches of the said city government, to erect said bridge, they should be at liberty so to do, on the same terms and conditions as said Boston Free Bridge Corporation were otherwise, by the provisions of this act, authorized to erect the same.1 Surrender of te 10. On the 5th of February, 1827, the city council Free Bridge, &c. to the city of passed a resolve, that, in case the Boston Free Bridge CorCity Records, poration should build a bridge, such as the city council should direct and approve, and should locate it to the satisfaction of said council, it would be expedient for the city to accept the same; and to assume the care and obligation of keeping said bridge in repair, and to provide for lighting the same, and for raising the draw or draws thereof as long as South Boston should remain a part of the city of Boston, upon such terms and conditions as should be required by City RecordeS the city council. On the 11th of August, 1828, a committee was appointed by the city council, with full power to accept from the Boston Free Bridge Corporation the surrender of the free bridge, with its abutments, on the compliance by the corporation with the terms and conditions prescribed, and to submit all matters in dispute to arbitraibid, p. 306, tion. The committee reported, October 7, 1828, that they had submitted the same to the arbitration of Loammi Baldwin, Samuel Hubbard and Willard Phillips, Esquires, who had made an award; and that the requisite deeds had been delivered, on the second of October, and the sum of sixteen hundred and seven dollars, paid to the city by the corporation, upon which delivery and payment, the obliga1 This act repealed a previous act, passed Feb. 25, 1825, (1824, c. 115,) establishing a free bridge. BRIDGES. 51 tion of the care and superintendence of the bridge and streets devolved upon the city, by force of said award. The corporation also gave notice of their election to complete the northerly abutment, and claimed the return of four hundred and seventy-four dollars, according to the award, which was returned accordingly. By the deed of Records of Suffolk deeds. the corporation, which was executed by Francis J. Oliver, Lib. 331, fol. 13. the president, on September 26, 1828, pursuant to a vote of the corporation, passed September 24, the Boston Free Bridge Corporation surrendered and conveyed the said bridge and abutments, wharves, &c. to the city of Boston, upon the terms and conditions on which the said city agreed to accept the same, by the resolve of February 5, 1827; and also assigned to the city a deed from Gardner Greene, dated August 21, 1828, and a deed from John T. Apthorp and others, dated August 1, 1828, and conveyed to the city all the lands and flats and rights and privileges acquired thereunder. 11. By a subsequent act, the city of Boston is author- City of Boston authorized to ized to construct and maintain such wharves or piers, on maintain either or both sides of the Free Bridge mentioned in the piers, on both sides of the Free act of 1825, c. 147, (~~ 6,,7, above) as shall be necessary for Bridge. 1830, 121, Q 1. the preservation and safety of said bridge, provided, however, that the said wharves or piers shall not extend in width from the sides of said bridge more than twenty-five feet. 12. If any person shall wilfully do any injury or dam- Penalty for injury to bridge, age to said bridge, said wharves or piers, or shall disturb bc. Ibid, S 2. or hinder the said city in the occupation of said wharves or piers, for the purpose aforesaid, the person so offending shall forfeit and pay, for each offence, a penalty not less than fifty dollars, nor more than one hundred dollars, to the use of the commonwealth, to be recovered by indictment, or information in any court of competent jurisdiction, and such person so offending shall be further liable to answer in damages to the city of Boston, provided, that nothing in this act shall be construed as intending to impair or affect the lawful rights of any person whatsoever. 52 BRIDGES. Right to use 13. Whenever the wharves or piers erected, or which wharves, &c. shall cease, in shall be erected by the authority of the said act, shall be case, &c. Ibid,' 3. used or improved for any purpose or purposes than those therein specified, all right and authority to maintain them shall cease, and be void. Wharves, &c. 14. No part of the wharves or piers, which the city of not to be within fortyfeet of other Boston is authorized to construct by virtue of the act last wharves, &c. 1831, 46. cited, shall be maintained within the distance of forty feet of any wharf or pier which shall have been or may hereafter be lawfully constructed by any individual or individuals, CHELSEA POINT BRIDGE. City of Boston 15. By an act passed April 17, 1849, the city of Bosauthorized to purchase Chel- ton was authorized and empowered to purchase the fransea Point Bridge. 1849, 106, 1. chise of Chelsea Point Bridge, with all the rights and property incident thereto. A highway au- 16. The mayor and aldermen of the city of Boston, as thorized to be laid out over county commissioners therein, were authorized and empowsaid bridge. Ibid,g 2. ered to lay out a highway over so much of Chelsea Point Bridge, and the tide waters thereat, as is within the city of Boston; and the commissioners appointed by the court of common pleas holden at Boston, by the order of said court, dated March 15, 1848, to perform the duties of county commissioners, as in said order specified, or those at any time thereafter holding the like authority, were authorized and empowered to lay out a highway over so much of said Chelsea Point Bridge, and the tide waters thereat, as is Proviso. within the town of North Chelsea: provided, the assent of the proprietors of Chelsea Point Bridge shall be first obtained. Highway au- 17. The commissioners appointed by the court of comthorized over certain tide mon pleas, as aforesaid, or those who might thereafter be waters. Ibid, 5 3. appointed to the like authority, were authorized and empowered to lay out and construct a highway over the tide waters between the easterly shore of Pulling Point, and the neck of land leading to Point Shirley, in North Chelsea, so as to form a continuous highway from East Boston to Point Shirley. BRIDGES. 53 CHELSEA FREE BRIDGE. 18. By another act, passed April 17, 1849, the mayor Highway to be laid out over and aldermen of the city of Boston as county commissioners Chelsea Free Bridge and the therein, were authorized and empowered to lay out and tide waters thereat. construct a highway over so much of Chelsea Free Bridge, 1849, 109, Q 1. and the tide waters thereat, as are within the city of Boston; and the county commissioners appointed by the court of common pleas of the commonwealth of Massachusetts, holden at Boston in and for the county of Suffolk, by the order of said court, dated October 16, 1848, to perform the duties of county commissioners, as in said order specified, or those at any time thereafter holding the like or similar authority, were authorized and empowered to lay out and construct a highway, over so much of Chelsea Free Bridge, and the tide waters thereat, as are within the town of Chelsea. The said bridge to be maintained with good Bridge, how to he maintained. and sufficient materials, and not less than twenty-five feet wide, with sufficient railings for the protection of passengers, and a good and sufficient draw, not less than twenty feet Draw. wide, with proper piers above and below said draw, for the accommodation of vessels passing through the same. 1 By a resolve of the mayor and aldermen, passed May 6, 1850, so much of the Chelsea Free Bridge as is within the city of Boston, was taken and laid out as a public highway, in the way and manner that the same was then made. For acts in relation to Charles River and Warren Bridges, see 1784, c. 53; 1791, c. 62; 1792, c. 21, 87; 1795, c. 76; 1799, c. 41; 1827, c. 127; 1832, c. 170; 1833, c. 219; 1834, c. 131; 1835, c. 155; a resolve, passed April 16, 1836; 1841, c. 88; 1842, c. 48; and 1850, c. 40. For West Boston, Canal and Hancock Free Bridges, see 1791, c. 62; 1792, c. 21, 87; 1795, c. 76; 1799, c. 41; 1803, c. 100; 1806, c. 88; 1807, c. 61; 1809, c. 112; 1819, c. 75; 1822, c. 19; 1846, c. 146; 1848, c. 120; and 1850, c. 257. For Boston and Roxbury Mill Corporation, (Mill Dam,) see Stat. 1814, c. 39; 1816, c. 40; 1819, c. 65; 1822, c. 34; 1824, c. 26; 1833, c. 120. 54 BRIDGES. ORDINANCE OF THE CITY. Sufperintendenth SECT. 1. In the month of January or February, annually, of Boston South Bridge aend Bos- there shall be chosen, by concurrent vote of the city counton Free'Bridge to bechosen. cil, to be first voted upon by the mayor and aldermen, a May 6, 1850. superintendent of the Boston South Bridge, and also a superintendent of the Boston Free Bridge, who shall each hold his office until removed or a successor be appointed, and shall receive such compensation for his services as the city council shall authorize and establish; and shall be removable at the pleasure of the city council. And in case either of said offices shall become vacant by death, resignation or otherwise, a successor shall be forthwith chosen in the manner above described. Their duties. SECT. 2. It shall be the duty of the superintendent of the Boston Free Bridge to take charge of the said Free Bridge, and it shall be the duty of the superintendent of the Boston South Bridge to take charge of the said South Bridge. And each superintendent shall take charge of the bridge of which he is superintendent, by night and by day, and cause the draw thereof to be opened at all times, when required for the free passage of vessels, and to cause the same to be closed, forthwith, and with all possible expedition, not permitting more than one vessel to pass at any one opening of the draw, unless the bridge shall be free of passengers while the draw is up, in which case, he shall use his discretion as to the number of vessels to be permitted to pass, prior to the closing of the said draw. And each superintendent shall take care of the bridge of which he is superintendent, and of the abutments and wharves, connected therewith, and shall see that at all times they are in a safe and satisfactory condition, and free of all incumbrances; that the lamps thereon are well lighted, that the railing and planks are in good order, and the snow and ice removed from the sidewalks in winter; subject at all times to the authority, control and direction of the mayor and aldermen for the time being, relative to the duties hereinbefore expressed, and also relative to any other duties respecting said bridges and wharves, and the abutments connected BUILDINGS. 55 therewith, which the said mayor and aldermen may from time to time order and prescribe. SECT. 3. Any person or persons who shall deface, break Penalty for injuring bridges, or injure either of said bridges or wharves, or shall unneces- &c. sarily open or obstruct the passage of either of said draws, without the consent of the superintendent of such bridge, or shall, without such consent, make fast to such bridge any scow or other vessel, shall, upon conviction thereof, pay a fine not less than three dollars, and not exceeding twenty dollars. BUILDINGS. STATUTES. 9. City council may make rules 1. ivery stables not to beerected respecting balustrades. Prowithin 170 feet of any church. viso. 2. Penalty. 3. Wooden buildings in Boston, ORtINANCE. more than sixteen feet high, 1. Notice shall be given of intenforbidden, except under certain tion to build, &c. restrictions. 2. Numbers of buildings. Penalty 4. Two or more such buildings in for numbering contrary to diconnexion, or within three feet, rections. shall have brick or stone wall 3. Cellar doors and platforms to between them, Proviso as to be kept in good repair. neck lands. 4. Cellar doors to be lighted when 5. Penalty. How recovered. open at night. 6. Duty of board of engineers to 5. Defacing buildings, &c. prosecute. 6. Wooden buildings permitted in 7. Further remedy. South and East Boston, under 8. City council may authorize and certain limitations. Brick parregulate wooden buildings in tition walls to be put up, in South and East Boston. certain cases. STATUTES. 1. No building shall be erected within the city of Bos- Livery stables not to be erected ton, and used and improved as a stable for the taking in within 170 feet of any church. and keeping horses or chaises or other carriages, upon hire 1810, 124, ~ 1. or to let, commonly called liverySee also R. S. or to let, commonly called livery stables, within one hun-58, Q 4. 56 BUILDINGS, dred and seventy feet of any church or meeting-house erected for the public worship of God. 1 Penalty. 2. For any offence against the preceding provision, the Ibid, ~ 2. owner or owners, keeper or keepers of such building, shall forfeit and pay the sum of one hundred dollars for every calendar month during which the same shall be so used and improved, to be recovered by action of debt, one half thereof to enure for the use of the poor of the city of Boston, the other half thereof to him or them who shall sue for the same. Wooden build- 3. No wooden building of more than sixteen feet in ings in Boston, more than six- height, from the ground or foundation thereof, shall be teen feet high, forbidden, ex- erected in the city of Boston, except under the following tain restrictions. limitations and restrictions, namely; the dimensions of such (Accepted, 139by building on the ground not to exceed twenty-five feet by citizens, May 13 1835. Boston' fifty feet; or, being in any other proportion, not to cover Records of general meetings af- more than twelve hundred and fifty superficial feet of land; ter 1830, p. 6.) the walls not to exceed twenty feet in height from the under side of the sills, which sills may be three feet six inches above the level of the street, to the eaves of the roof; the roof, in the highest point thereof, not to rise more than thirty-two feet from the under side of the sills aforesaid, and there shall be at least one scuttle at or near the highest point of said roof. Two or more 4. When two or more such two story buildings as are such buildings in connexion, or provided for in the preceding section shall be erected in within three feet, shall have connexion, or within three feet of each other, or within brick or stone wall between three feet of any other wooden building, more than sixteen them. Ibid, ~ 2. feet in height, there shall be an entire brick or stone wall between them, commencing from the foundation of said wall, and carried to the height of twelve feet above the level of the street, at least twelve inches in thickness, and the residue of said wall shall be at least eight inches in thickness; and in case any openings are made through said walls, the same shall be secured against fire by iron doors Prckilands.t applied to such openings; provided, that such brick or 1 There was a proviso in this act, respecting stables then in part erected, which proviso has ceased to be material. BUILDINGS. 57 stone walls may be dispensed with by consent, in writing, of the mayor and aldermen of the city of Boston, on what are commonly called the neck lands, in said city. 1 5. If any person or persons shall violate the provisions Penalty. of the two preceding sections, such person or persons, on Ibid, conviction thereof, in any court competent to try the same, shall forfeit and pay for every such offence, a sum not less than fifty nor more than five hundred dollars, and shall be liable to a like prosecution and penalty for each and every year after such conviction, until said building or buildings, erected contrary to the provisions aforesaid, shall be removed or made to conform thereto; and the said penalties and forfeitures incurred by virtue of this act may be recovered by indictment, to the use of the city of Boston, How recovered. or by an action of debt in any court competent to try the same, one half to the use of the person or persons who shall sue therefor, and the residue to the use of the said city. 6. It shall be the duty of the board of engineers of the Duty of board of engineers to said city, to cause suits to be commenced without delay prosecute. against each and all who shall violate the provisions of the Ibid, ~ 4. three preceding sections, and to prosecute the same to final judgment. 7. An act passed March 27, 1847, provided, that any Further remedy. building thereafter erected in the city of Boston, contrary 1847, 132. to the provisions of the four preceding sections, shall be deemed and taken to be a common nuisance; and the mayor and aldermen of the said city shall have the same power and authority to abate and remove any such building as are given to the board of health, in the tenth and eleventh sections of the twenty-first chapter of the Revised Statutes; provided, however, that nothing in this section shall be construed as affecting any remedies already given, in the four preceding sections. 8. The city council of the city of Boston may authorize city council the erection of wooden buildings in those parts of said city nad regulatize wooden buildcalled South Boston and East Boston, upon such terms and ings in South and East Boston. 1850, 280, ~ 1. 1 The remainder of this section, as it stood in the original act, and the 5th section of the same act, were repealed by stat. 1850, c. 280, ~ 2. 8 58 8tJILDINGS. (Accepted by conditions, and subject to such limitations and restrictions, city council, May 16,1850.) as they may deem expedient. City council 9. The city council of any city, in this commonwealth, may make rules respectingbalus- shall have power, from time to time, to make and adopt such trades. 1848, 278. rules and regulations, for the erection and maintenance of balustrades, or other projections, upon the roofs or sides of buildings in such city, as, in their judgment, the safety of the citizens may require. And the city council of any city may annex penalties, for the violation of any such:rules and orders, not exceeding twenty dollars'in any one instance; which penalties may be recovered, for the use of the city, by complaint before the police court of such city, or any justice of the peace in a city where no police court is estabProviso. lished: provided, that no such rule or order shall take effect, or go into operation, until the same shall have been published at least sixty days in some newspaper printed in such city, or the county within -which such city is included. ORDINANCE OF THE CITY. Notice shall be SECT. 1. All persons, intending to erect, or to make any given of intention to build,&c. alterations in the external walls of any building or buildings of any description, any part of which is to be placed upon or within ten feet of any of the public streets, squares, alleys or lanes of the city, shall, before he or they proceed to build or erect the same, or to lay the foundation thereof, or to make the said alterations, give notice in writing of such their intention to the mayor and aldermen, fifteen days at least before doing any act for carrying such their intention into execution, in order that any encroachment or any other injury or inconvenience to the said'public streets, squares, 1 The stat. of 1850, c. 280, ~ 2, repealed stat. 1817, c. 171, ~~ 1, 2, 3, 4, 5; 7, 8, 15; 1821, c. 26, 31; 1822, c. 16; 1829, c. 34; so much of stat. 1835, c. 139, ~ 2, as relates to South Boston and East Boston, together with ~ 5, of the same act. ,UILI)INGS. 59 lanes, or alleys, which might otherwise happen, may be thereby prevented, and in default thereof, that the city be considered as discharged from all damages, of any nature whatsoever, resulting from the failure to give notice as above provided, particularly from all such damages or expenses as have been enhanced or occasioned by reason of any thing done previously to, or without such notice. SECT. 2. The mayor and aldermen shall have power to Numbers of buildings. cause numbers of regular series, to be affixed to, or inscrib- Nov. 14, 1833. May 16, 1850. ed on, all dwelling houses and other buildings erected or fronting on any street, lane, alley, or public court within the city of Boston, at their discretion; and shall also have power to determine the form, size, and material of such numbers, and the mode, place, succession and order, of inscribing or affixing them on their respective houses or other buildings. And any owner or occupant of any building or part of a Penalty fornumbering contrary building, who shall neglect or refuse to affix to the same to directions. the number designated by the mayor and aldermen, or by May 16 1850 some person by them duly authorized, or who shall affix to the same, or retain thereon more than one day, any number contrary to the direction of the mayor and aldermen, or person so authorized, shall forfeit and pay a sum not less than one dollar, nor more than twenty dollars, and a like sum for every subsequent offence. SECT. 3. Whenever any cellar door or the platform Cellardoors and thereof shall project into any of the streets, lanes, alleys, pkpt. ino be public squares or places within the city, it shall be the duty N 4, 1833. of the owners and occupants of the buildings or estate to which the same belong to keep the same in good repair. And if at any time the said cellar doors or platforms are out of repair, so that in the opinion of the mayor and aldermen the safety of the inhabitants is thereby endangered, the mayor and aldermen are hereby authorized to notify the said owners and occupants of the fact; and if said owners or occupants neglect or refuse for the space of twenty-four hours to repair the same, the said mayor and aldermen shall forthwith cause the same to be repaired at the expense of said owners or occupants, and said owners and occupants shall in case of such neglect or refusal as aforesaid, be 60 BUrLDINGS. further liable to a penalty of not less than one nor more than twenty dollars, for each and every day that said cellar door or the platform thereof shall continue to be out of repair. Cellar doors to SECT. 4. Whenever any of the cellar doors before menbe lighted when open at night. tioned are open or the platforms thereof removed at any time during the night, it shall be the duty of the occupant of the cellar to which the same belongs, to cause a sufficient light to be so placed that the opening of said door or removal of said platform shall at all times during the night, be distinctly visible. And any person offending against the provisions of this section shall forfeit and pay a sum not less than one nor more than twenty dollars. Defacingbuild- SECT. 5. Any person or persons, who shall be guilty of ings, &c. (seeR. S. 126, defacing any building or buildings, fence, sign, or other *42.) property, in the city, by cutting, breaking, daubing with paint, or in any other way defacing or injuring the same, shall upon conviction thereof, pay a fine not exceeding twenty dollars. Wooden build- SECT. 6. It shall be lawful to erect wooden buildings in ing South antd those parts of the city called South Boston and East Boston, East Boston, under certain which shall not be more than thirty-two feet high from the mayt 6, 1850. ground to the highest part thereof; provided, however, that no wooden building except for mechanical purposes shall be erected in a range of more than fifty feet in extent, without Brick partition the intervention of a brick partition wall, of at least eight up in certaip inches in thickness, such wall to extend six inches at least cases. above the surface of the roof; and no wooden building shall be altered for a dwelling house contrary to this provision. 1 For buildings belonging to the city, see Public Buildings. For certain provisions respecting bow windows, cellar doors, steps, &c., see Streets. 61 CARRIAGES. STATUTES. not to leave their horses, with1. Travellers to take the right out, &c. hand side of road, &c. 5. Mayor and aldermen may adopt 2. Bells to be used with sleighs. rules and orders for the regula3. Penalties, and how to be re- tion of carriages. Proviso. covered. 6. Penalties. 4. Drivers of stage coaches, &c., 7. Fee for license. RULES AND ORDERS. HACKNEY CARRIAGES. 22. South Boston Line. 1. Hackney carriage defined.;23. East Boston Line. 2. License required. 24. Canton Street and Dock 3. Mayor and aldermen may li- Square Line. cense, and revoke. 25. Dover Street and Lowell Rail4. Fee for license. City marshal road Line. to make quarterly report. 26. Dover Street and Chelsea Fer5. When license shall expire. ry Line. Shall not be transferred, with- 27. Dover Street and Fitchburg out, &c. Railroad Line. 6. Who shall be liable. 28. Eastern Railroad Omnibus. 7. Neglect to take out license af- 29. Worcester Railroad Omniter it is granted. buses. 8. Manner of marking and num- 30. Lowell Railroad Line. bering. 31. Cambridge Line. 9. No other number shall be used. 32. East Cambridge Line. 10. Carriage and horses shall not 33. Charlestown Lines. be left, unless in care of suita- 34. Dorchester Line. ble person. 35. Roxbury Line. 11. Shall not stand in any other 36. Roxbury Line, Tremont Road. place. 37. Jamaica Plain, Brighton and 12. Shall not stop so as to obstruct. Brookline Lines. 13. Driver, &c. shall wear a badge. 38. Chelsea Line. 14. Mayor may give directions for standing and route. TRUCKS, WAGONS, &C. 15. Rates of fare. 39. License for trucks, wagons, &c. 16. Carriage not to be driven by a 40. Mayor and aldermen may liminor, unless, &c. cense, and revoke. 41. Fee for license, Citymarshal OMNIBUSES. to make quarterly report. 17. Time for starting. 42. When licenses shall expire. 18. Stopping. Shall not be transferred, with19. Receiving and carrying pas- out, &c. sengers. 43. Who shall be liable. 20. Shall not leave the route. 44. Neglect to take out license, af21. Routes established. ter it is granted. 62 CARRIAGES. 45. Truck, &c., shall not be driven 51. Bells required in certain cases. by a minor, unless, &c. 52. Carriages shall not stop so as 46. Number of horses to one truck, to obstruct foot passengers, &c. &c. Proviso. 53. Manner of holding reins. Pace 47. Pace at which horses, &c., shall at which horses, &c., shall go. go. 54. Driver shall remain near, &c. 48. Length of trucks. Shall not snap or flourish whip. 49. Weight of Load. 55. How trucks, &c., shall be placed. Loading and unloading. CARRIAGES IN GENERAL. 56. Cart, &c., to be placed near side50. Carriage shall not remain long- walk. Not more than one er than five minutes, without range of carts, &c. some person, &c., and not long- 57. Horses, &c., not to be fed in er than fifteen in any case. streets, &c. Physicians' carriages excepted. STATUTES. Travellers, to 1. Whenever any persons shall meet each other on any take the right hand side of bridge or road, travelling with carriages, wagons, carts, roads, &c. R. S. 51, ~ I. sleds, sleighs or other vehicles, each person shall seasona1 Pick. 345. 4 Pick. 125. bly drive his carriage or other vehicle to the right of the 23 Pick. 201.. Mete. 213. middle of the travelled part of such bridge or road, so that 11 Mete. 403. the respective carriages or other vehicles aforesaid may pass each other without interference. Bells to be used 2. No person shall travel on any bridge or road, with with sleighs. R. S. 51, s 2. any sleigh or sled drawn by one or more horses, unless there shall be at least three bells attached to some part of the harness thereof. Penalties, and 3. Every person, offending against the provisions of the how to be recovered. two preceding sections, shall for each offence forfeit a sum Ibid, S 3. not exceeding twenty dollars, to be recovered on complaint before any justice of the peace, in the county where the offence shall have been committed; and he shall further be liable to any party for all damages sustained by reason of such offence; provided, that every such complaint shall be made within three months after the offence shall have been committed, and that every such action for damages shall be commenced within twelve months, after the cause of action shall have accrued. Drivers of stage 4. If any driver of a stage coach, or other vehicle, for coaches, &c. not to leave their the conveyance of passengers for hire, shall, when any pashorses, without, &'. senger is within or upon such coach or vehicle, leave the Ibid, ~ 4. CARRIAGES. 63 horses thereof without some suitable person to take the charge and guidance of them, or without fastening them in a safe and prudent manner, he may be punished by imprisonment not exceeding two months or by fine not exceeding fifty dollars. 5. The mayor and aldermen of any city in this corm- Mayor and aldermen may monwealth shall have power, from time to time, to make adopt rules and orders for the and adopt such rules and orders, as to them shall appear regulation of carriages. necessary and expedient, for the due regulation, in such 1847, 224, 1. city, of omnibuses, stages, hackney coaches, wagons, carts, drays, and all other carriages and vehicles whatsoever, used or employed, wholly or in part, in such city, whether by prescribing their routes and places of standing,,or in Com. v.Stodder, S.J.C., March T. any other manner whatsoever; and whether such carriages 1849. and other vehicles as aforesaid are used for burden or pleasure, or for the conveyance of passengers or freight, or otherwise, and whether with or without horse or other animal power; provided, that nothing contained in this act Proviso. shall be construed to abridge or impair the rights of cities to make such by-laws and regulations, touching the subjects above provided for, as they now possess, by virtue of their charters, or the amendments'thereof. 6. The mayor and aldermen of any city may annex Penalties. 1847, 224, S 2. penalties for the violation of any such rules and orders as are authorized in the preceding section, not exceeding twenty dollars in any one instance; which penalties may be recovered for the use of the city, by complaint before the police court of such city, or any justice of the peace in a city where no police court is established: provided, that no Rules, &c.,to be such rule or order shall take effect, or go into operation, published. until the same shall have been published at least one week in some newspaper printed in such city or the county within which such city is included. 1 7. The mayor and aldermen are authorized to demand Fee for license. and receive the sum of one dollar, and no more, for a 1850,275. 1 The third section of this act repeals stat. 1796, c. 32; the 7th section and part of-the 5th section of stat. 1799, c. 31; and the 2d and 3d sections of stat. 1809, c 28. 64 CARRIAGES. license to any person to set up and use within the city, any carriage or vehicle mentioned in the two preceding sections. RULES AND ORDERS OF THE MAYOR AND ALDERMEN.1 HACKNEY CARRIAGES. Hackney car- SECT. 1. Every hack, stage coach, omnibus, cab, charriage defined. May 13, fi0. iot, coachee, barouche, landau, or other vehicle, whether on wheels or runners, drawn by one or more horses, or other animal power, which shall be used in the city of Boston for the conveyance of persons for hire, from place to place within said city, shall be deemed a hackney carriage within the meaning of these regulations. License requir- SECT. 2. No person shall set up, use or drive, in the ed. city of Boston, any hackney carriage for the conveyance of persons for hire from place to place within said city, without a license for such carriage from the mayor and aldermen, under a penalty of not less than five nor more than twenty dollars, every time such carriage is used. Mayor and al- SECT. 3. The mayor and aldermen will, from time to dermen may license and re- time, grant licenses to such persons, and upon such terms, voke. as they may deem expedient, to set up, use or drive hackney carriages for the conveyance of persons for hire, from place to place within the city, and they may revoke such licenses at their discretion; and a record of all licenses so granted shall be kept by the city marshal. Fee for license. SECT. 4. For every license so granted there shall be City marshal to make quarterly paid to the city marshal the sum of one dollar for the use report. of the city; and the city marshal shall make a quarterly report to the mayor and aldermen of all sums so received, and shall pay over the same to the city treasurer. 1 These rules and orders were published in the Boston Daily Advertiser one week, commencing May 15, 1850, and ending May 22,1850. CARRIAGES. 65 SECT. 5. All licenses granted as aforesaid, shall expire When license on the first day of July next after the date thereof, and no license shall be sold, assigned or transferred, without the Shall not be transferred consent of the mayor and aldermen, endorsed thereon by without, &c. the city marshal. SECT. 6. The person in whose name a license is taken who shall be liable. out for a hackney carriage, shall, for all the purposes of these rules and orders, be considered as the owner of the same, and liable to all forfeitures and penalties herein contained; unless upon the sale of the said carriage, notice be given to the city marshal, and the license delivered to him. SECT. 7. Any person who may be licensed as aforesaid, Neglect to take out license after either as owner or driver of any hackney carriage, who it is granted. shall continue to use any such carriage, and shall neglect or refuse to take out and pay for his license within thirty days after notice that the same has been granted, shall be liable to a fine of not less than one dollar, and not more than twenty dollars, for each and every day thereafter, that he or they shall so refuse or neglect to take out said license. SECT. 8. Hackney carriages shall be marked and num- mTannerofmarking and numberbered in the manner following, viz:-Every hack or lan- ing. dau which stands on the owner's premises, shall be marked on the outside, and upon each side, on the sill or rocker, immediately below the doors, with the number of the license, with white, gilded or plated figures, in the Arabic character, of not less than one and a half inches in size, on a dark ground, or with a dark figure of the same kind and size upon a light ground, and no other figure or device within four inches of the same. Stage coaches shall be numbered in like manner on the top rail of the doors. Omnibuses shall be numbered in like manner on the lower panel of the door. Cabs shall be numbered in like manner on the centre of the top panel of the door, immediately below the glass. Every hackney carriage, when driven or used in the night time, shall have fixed upon some conspicuous part of the outside thereof, two lighted lamps, with plain glass fronts and sides, and having the number of the license of such hackney carriage in figures 9 66 CARRIAGES. Of at least one and a half inches in size, of the like character, painted with black paint upon the sides and front of each of said lamps, in such a manner that the same may be distinctly seen and known, when the same may be standing or driving. The name of the owner and driver, and the number of the license, together with the rates of fare, shall be printed on a card and placed in all hackney carriages in the most conspicuous place for the information of passengers. And if any owner or driver of any hackney carriage shall use or drive any such carriage, or permit the same to be used and driven, without complying with the foregoing requisitions, or use, or drive, or permit to be used or driven, any such carriage in the night time, without its lamps being lighted and numbered as aforesaid; said owner and driver shall be liable to a fine of not less than two nor more than twenty dollars for each offence. No other num- SECT. 9. No owner or driver of any hackney carriage ber shall be used. shall use or suffer such carriage to be used with any other number upon the same than that assigned by the mayor and aldermen; nor with such number placed on any other part of such carriage than that designated in the preceding section, under a penalty of not less than five, nor more than twenty dollars, every time such carriage is used. Carriage and SECT. 10. No owner, driver, or other person having horses shalesl ntn charge of any licensed hackney carriage, shall leave such care ofsuitabl carriage and horses when harnessed, unless in the care of person. some suitable person, under a penalty of not less than five nor more than twenty dollars for every such offence. Shall not stand SECT. 11. No owner, driver, or other person having in any other place. charge of any hackney carriage, shall stand with such carriage in any place within the city to be employed, other than the stand assigned to such carriage by the mayor and aldermen, under a penalty of not less than two dollars nor more than twenty dollars for each offence. Shall not stop so SECT. 12. No owner, driver, or other person having charge of any hackney carriage, shall stop his carriage abreast of any other carriage in any street within the city, nor stop his carriage in any street, square, lane, alley or public place, so as to obstruct the same, or the sidewalk, CARRIAGES. 67 flagstone or crossing thereof, under a penalty of not less than two, nor more than twenty dollars for each offence. SECT. 13. Every owner, driver, or other person having Driver,&c.,shall wear a badge. charge of any hackney carriage which has a stand in any street or square, at any railroad depot, steamboat landing, theatre, museum, or other place of public entertainment, shall at all times when driving or waiting for employment, wear a badge on his hat or cap, with the number of his carriage thereon, in brass or plated figures of not less than one inch and a half in size, and so placed that the same may be distinctly seen and read, under a penalty of not less than two, nor more than twenty dollars for each offence. SECT. 14. In any street or square, or at any theatre, Mayor may give directions for museum, or other place of public entertainment, where standing and route. hackney carriages attend for passengers, the mayor, or any person or persons by him authorized, may give directions respecting the standing of such carriages, while waiting for their passengers, and the route they shall go when going to or leaving any such place of entertainment; and if any owner, driver, or other person having the care of any such carriage, shall refuse to obey such order or directions of the mayor, or other person or persons by him authorized, he or they shall be liable to a fine of not less than five, nor.more than twenty dollars for each offence. SECT. 15. The prices, or rates of fare, to be taken by, Rates of fare. or paid to the owner, driver, or other person having charge of any hackney carriage, except omnibuses, shall be as follows; that is to say, for carrying a passenger from one place to another within the city proper, or South Boston, or East Boston, twenty-five cents; and to or from South Boston and East Boston, to any other part of the city, thirty-seven and a half cents, exclusive of tolls. For children between three and twelve years of age, if more than one, or if accompanied by an adult, half price only is to be charged for each child; and for children under three years of age, when accompanied by their parents or any adult, no charge is to be made. Every owner, driver, or other person having the charge of any hackney carriage, shall carry 68 CARRIAGES. with each passenger, in addition to one trunk, a valise, saddle bag, carpet bag, portmanteau, box, bundle, basket, or other article used in travelling, if he be requested so to do, without charge or compensation therefor; but for every additional trunk, or other such article as above named, more than one, he shall be entitled to demand, and receive the sum of five cents. Carriage not to SECT. 16. No hackney carriage used for conveyance of be driven by a minor, unless, passengers shall be driven by a minor unless he be specially licensed by the mayor and aldermen, under a penalty of not less than two, nor more than twenty dollars for each offence. OMNIBUSES. Time for start- SECT. 17. Each license of any omnibus belonging to ing. ing. any line may specify the time that said omnibus shall leave the stand, and no omnibus shall leave the stand designated for it until five minutes shall have elapsed after the departure of the omnibus immediately preceding, under a penalty of not less than two, nor more than twenty dollars for each offence. Stopping. SECT. 18. NO owner or driver of any omnibus belonging to any line shall stop his omnibus on any part of the route assigned thereto, unless called by, or to leave a passenger, and then for no longer time than may be sufficient for such passenger to take his or her seat, or leave such carriage, under a penalty of not less than two, nor more than twenty dollars for each offence. Receiving and SECT. 19. The driver of every omnibus, when passing leaving passengers. through Washington, Court, and Hanover streets, shall receive and leave passengers on his right side of said streets only, under a penalty of not less than two, nor more than twenty dollars for each offence. Shall not leave SECT. 20. No owner or driver of any omnibus shall drive his omnibus or permit the same to be driven on any other route or street than that hereinafter designated and established by the mayor and aldermen, under a penalty of not less than ten nor more than twenty dollars for each offence. CARRIAGES. 69 SECT 21. Ordered, That the following routes be, and Routes established. the same are hereby designated and established for the different lines of omnibuses running within and into the city of Boston. SECT. 22. South Boston %ine. The route for all two South Boston horse omnibuses, shall be from South Boston, through Sea, Line Kneeland, Lincoln, Summer and Washington streets to Cornhill, and return by the same route. For all four horse omnibuses, the route shall be over the South Boston Free Bridge, through Harrison avenue, Rowe, Bedford and Washington streets, to Cornhill, and return by the same route. SECT. 23. East Boston Line. Route, from East Bos- East Boston ton Ferry, through Commercial, Fleet, Hanover, TremontLine and Boylston streets, to the Providence Railroad Depot, and return by the same route. SECT. 24. Canton Street and Dock Square Line. Route, Canton Street from Canton, through Washington street only, to Dock Line. que square, and return by the same route. SECT. 25. Dover Street and Lowell Railroad Line. Dover Streetand Lowell Railroad Route, from Dover, through Washington, Court, Green, Line. Leverett, Minot and Lowell streets, to the Lowell Railroad Depot, and return by the same route. SECT. 26. Dover Street and Chelsea Ferry Line. DoverStreetand Route, from Dover, through Washington, Court and Han- CLineaFerry over streets, to Chelsea Ferry, and return by the same route. SECT. 27. Dover Street and Fitchburg Railroad Line. DoverStreetand Fitchburg RailRoute, from Dover, through Washington, Court, Sudbury, road Line. Deacon and Haverhill streets, to the Fitchburg Railroad Depot, and return by the same route. SECT. 28. Eastern Railroad Omnibus. Route, through EasternRailroad Tremont, Court, State and Commercial streets, to the East- Omnibus. ern Railroad Depot, and return by the same route. SECT. 29. Worcester Railroad Omnibuses. Route, Worcester Railthrough Portland, Sudbury, Court, State, Washington and road Omnibuses. Beach streets, to the Worcester Railroad Depot, and return by the same route. SECT. 30. Lowell Railroad Line. Route, through Lowell Railroad 70 CARRIAGES. Lowell, Merrimac, Portland, Sudbury, Court and State streets, to Kilby square, and return by the same route. Cambridge Line. SECT. 31. Cambridge Line. Route, through Cambridge, Court and Brattle streets, and return by the same route. East Cambridge SECT. 32. East Cambridge Iine. Route, through Leverett, Green, Court and Brattle streets, and return by the same route. Charlestown SECT. 33. Charlestown Lines. Route,through HaverLines. hill, Union and Brattle streets, and return by the same route. Dorchester Line. SECT. 34. -Dorchester Line. Route, through Sea, Summer, Arch and Franklin streets, and return by the same route. The route for Grove Hall omnibus, shall be through Washington and State streets, and return by the same route. Roxbury Line. SECT. 35. Roxbury.Line. Route, from Roxbury, through Washington, Court, Cornhill and Washington streets, to Roxbury. Roxbury Line, SECT. 36. Roxbury Line, Tremont Road. Route, from remont Road. Roxbury, through Washington street or over the Tremont road, to No. 192 Tremont street, and return by the same route. Jamaica Plain, SECT. 37. Jamaica Plain, Brighton, and Brookline Brighiton, and Brooklinne.ine zines. Route, through Tremont street or through Park and Beacon streets, and return by the same route. Chelsea Line. SECT. 38. Chelsea Line. Route, through Haverhill, Union, Hanover and Court streets, to Cornhill, and return by the same route. TRUCKS, WAGONS, &C. License for SECT. 39. Every truck, wagon, dray, cart, hand-cart, trucks, wagons, &c. sleigh, sled or hand-sled, and every other vehicle which shall be used within the city of Boston, for the conveyance from place to place, within the said city, of wood, coal, lumber, stone, brick, sand, gravel, clay, dirt, rubbish, goods, wares, furniture, merchandize, building materials, or article, or thing whatsoever, whether of a like -description or not, shall be licensed, as hereinafter provided, and CARRIAGES. 71 shall have placed upon the outside, and upon each side of the same, the name of the owner, and the number of the license., in plain legible words and figures, of not less than one and one half inches in size, and so that the name may be distinctly seen; and if the owner of any such vehicle, shall use, or suffer the same to be used, or if any other person shall use any such vehicle, without being licensed as hereinafter provided, or without having the name and number so placed as aforesaid, they, or either of them shall be liable to a fine of not less than three dollars, nor more than twenty dollars for each offence. SECT. 40. The mayor and aldermen will, from time to Mayor and aldermen may time, grant licenses to such persons, and upon such terms license, and as they may deem expedient, to have a stand for, to use and to drive, any such vehicle as aforesaid within the city of Boston, and they may revoke such licenses at their discretion; and a record of all licenses so granted, shall be kept by the city marshal. SECT. 41. For every license so granted there shall be Fee for license. paid to the city marshal the sum of one dollar for the use of the city; and the city marshal shall make a quarterly City marshal to make quarterly report to the mayor and aldermen, of all sums so received, report. and shall pay over the same to the city treasurer. SECT. 42. All licenses granted as aforesaid, shall ex- When licenses pire on the first day of July next after the date thereof, shall e and no license of any vehicle which has a stand in any street, or square, shall be sold, assigned, or transferred, Shall not be transferred, without the consent of the mayor and aldermen, endorsed without, &c. thereon by the city marshal. SECT. 43. The person in whose name a license is taken Who shall be out for any such vehicle, shall, for all the purposes of these orders, be considered as the owner of the same, and liable to all the forfeitures and penalties herein contained, unless upon the sale of any such vehicle, notice be given thereof to the city marshal, and the license delivered up to him. SECT. 44. Any person who may be licensed as afore- Neglectto take out license after said, either as owner or driver of any of the before men- it is granted. tioned vehicles, who shall continue to use any such carriage or other vehicle, and shall neglect or refuse to take 72 CARRIAGES. out his license within thirty days after notice that the same has been granted, shall be liable to a fine of not less than one dollar, and not more than twenty dollars, for each and every day thereafter that he or they shall refuse, or neglect to take out said license. Truck,&c., shall SECT. 45. No truck, cart, wagon, or other vehicle, used not be driven by a minor, unless, for any of the purposes mentioned in the 39th section, shall be driven by any minor unless he be specially licensed by the mayor and aldermen as a minor; and if any owner or other person having the care of any such vehicle, shall suffer or permit an unlicensed minor to drive any such vehicle, he or they shall be liable to a fine of not less than two nor more than twenty dollars for each offence. Number of SECT. 46. Not more than two horses shall be harnessed horses to one truck, &c. to, and permitted to draw any truck, or sled, in or through any of the public streets, squares, lanes, or alleys of the city, and not more than three horses shall be harnessed to, and permitted to draw any cart, wagon or dray in or through any of the public streets, squares, lanes, or alleys of the city, uhless in either of the above cases, for the carriage of any one single article exceeding two and a half tons in weight, and which cannot be divided, under a penalty of not less than five, nor more than twenty dollars: Proviso. provided, that the mayor and aldermen may grant permission upon any special application for that purpose, for more than two horses to draw any truck, or sled, and for more than three horses to draw any cart, wagon, or dray, when they may think it reasonable or necessary: provided, also, that four horses or other beasts may, without such special permission, be attached to, and permitted to draw any wagon, employed to transport loads out of the city into the country, or from the country into the city; said four horses or other beasts being yoked in pairs, or so harnessed that two shall travel abreast. Pace at which SECT. 47, All drivers, and other persons having the horses, &c., shall go6. care and ordering of any truck, cart, wagon, sled, or dray, 3 Pick. 462. Thacher's Crim. passing in or through the streets, squares or lanes of the city, shall drive their horses or beasts, at a moderate foot pace, and shall not suffer or permit them to go in a gallop, CARRIAGES. 73 or trot; and such drivers or other persons shall hold the reins in their hands to guide and restrain such horses or beasts, or they shall walk by the head of the shaft, or wheel horse, either holding or keeping within reach of the bridle or halter of the horse or other beast. And any person offending against either of the provisions of this section shall be liable to a fine of not less than five dollars nor more than twenty dollars for each offence. SECT. 48. No truck shall be used in this city, the Length of length whereof, from the end of the shaft to the extreme trucks. end of the side, shall be greater than twenty-four feet and six inches, under a penalty of not less than five, nor more than twenty dollars every time such truck is used. SECT. 49. No person shall cause to be carried on any Weight of load. truck, or cart, any load the weight whereof shall exceed three tons; or on any wagon, any load the weight whereof shall exceed three tons; excepting the load which may consist of an article which cannot be divided; and any person violating either of the provisions of this section, shall be liable to a fine of not less than ten, nor more than twenty dollars for each offence. CARRIAGES IN GENERAL. SECT. 50. No owner, driver, or other person having the Carriages shall not remain longcare or ordering of any chaise, carryall, hackney carriage, er than five minutes without truck, cart, wagon, hand-cart, sleigh, sled, hand-sled, or some person, &c. and not longer any other vehicle whatsoever, new or old, finished or un- than twenty minutes in any finished, with or without a horse or horses, or other animal case. or animals, harnessed thereto, shall suffer the same to remain in any street, square, lane or alley of this city, more than five minutes, without some proper person to take Com.v. Robertson, S. J. C. care of the same, or more than twenty minutes in any case; March T. 1850. and any person so offending shall be liable to a fine of not less than three or more than twenty dollars for each offence. But this section shall not apply to the carriages of Physicians' carriages excepted. physicians while visiting the sick. SECT. 51. No carriage or vehicle of any description, Bellsrequired in whether of burden or pleasure, shall be driven through any part of the city of Boston, during any time that the snow 10 74 CARRIAGES. or ice shall be upon, or cover the streets, squares, lanes, or alleys of the said city, unless there shall be three or more bells attached to the horse or horses, or some part of the harness thereof, under a penalty of not less than three dollars, nor more than twenty, for each offence. Carriages shall SECT. 52. No owner, driver, or other person having not stop so as to obstruct foot the care of any truck, cart, wagon, sled, or other vehicle, passegers, &c. whether used for burden or pleasure, shall stop or place such vehicle at or near the intersection of any street, lane, or alley, in such manner as to cross the footing or flag stones, or prevent foot passengers from passing the street, lane or alley, in the direction or line of the footway or flag stones, on the side of such street, lane or alley, under a penalty of not less than three, nor more than twenty dollars; and any person who shall have so placed any such vehicle as aforesaid, and shall not immediately, on the request of any foot passenger, cause the same to be removed, or who shall absent himself so that such request cannot be immediately made and complied with, shall be liable to an additional penalty of not less than two, nor more than ten dollars. SECT. 53. No person shall sit or stand in or upon, or near any carriage, or other vehicle, or on any beast harnessed thereto, with intent to drive the same, unless he or Manner ofhold- she shall have strong reins, or lines, fastened to the bridle ing reins. of such beast, and held in his or her hand; nor shall any Pace at which person suffer, or permit any such beast to run, gallop, trot, halls go. pace, or go, at any rate exceeding seven miles to the hour, Pick. 462. through any street, lane, square, or alley of the city; and if any person shall violate either of the provisions of this section, he shall be liable to a fine of not less than five dollars nor more than twenty dollars for each offence. Driver shall re- SECT. 54. Every driver of any truck, wagon, or other main near, &c. vehicle, within the city of Boston, shall remain near to such vehicle while it is unemployed, or standing in the streets, or squares of the city, unless he shall be necessarily absent therefrom, in the course of his duty and business, and shall so keep his horse or horses, and carriage or other vehicle, as that the same shall not obstruct the said streets or CARRIAGES. 75 squares, or other public passages, in any other manner than is allowed by law, or the ordinance of the city council, or orders of the mayor and aldermen. And no driver of any carriage or other vehicle, while waiting for employment either at any stand which is or may be appointed for such carriages, or other vehicles, respectively, or in the public streets, or squares of the city, shall snap or flourish his hall not snap whip. And any person who shall violate either of the pro- whip. visions of this section, shall be liable to a fine of not less than two dollars, nor more than twenty dollars for each offence. SECT. 55. No truck, cart, or other vehicle, shall be so How trUcks, &c. ~ shall be placed. placed in any street within the city, by the owner, driver, or other person having the care and ordering thereof, as to prevent the passing of any other truck, cart, or carriage of any description, unless it be for a reasonable time, not exceeding six minutes, for the loading or unloading of heavy articles, the weight of which in any several parcel or package, shall not be less than six hundred pounds. And for the loading, or unloading of any dirt, bricks, stone, sand, Loading and -- - unloading. gravel, or of any articles, whether of the same description or not, the weight of which in any one package shall not be less than five hundred pounds, no truck, cart, wagon, sleigh, sled, or other vehicle, shall be wholly or in part backed or placed across any street, square, lane or alley, or upon the flag stones or crossing of the same, or upon any sidewalk or footway of the same, but shall be placed lengthwise with, and as near as possible to the abutting stone of the sidewalk, or footway; and any owner or driver, or other person having the care of any such vehicle, violating either of the provisions of this section, shall be liable to a fine of not less than five dollars, nor more than twenty dollars, for each —offence. SECT. 56, Every owner, driver, or other person having Cart, &c. to be placed near sidethe care or ordering of any cart, truck, wagon, or sled, or walk. other vehicle, shall place his horse and cart, truck, wagon, or sled, or other vehicle, lengthwise, as near as possible to the post, or abutting stone of the foot or sidewalk of the street in which he shall stand; and no more than one range 76 CHELSEA. Not more than Of carts, trucks, or other vehicles, shall stand in streets not one range of carts, &g. more than thirty feet wide, and not more than one range on each side, in streets which are of a greater width than thirty feet; and in squares, and other open places they shall be arranged by the said owners, drivers, or other persons, in conformity to the directions of the mayor and aldermen, or of any person by them appointed; and any person who shall violate the provisions of this section, or shall neglect or refuse to obey such directions as aforesaid, shall be liable to a fine of not less than three nor more than twenty dollars. SECT. 57. No owner or driver of any hackney carriage, truck, wagon, dray, cart, sleigh, sled, or any other vehicle whatsoever, with horses or any other beasts harnessed Horses,&c., not thereto, shall bait or feed any such beast in any street, to be fed in streets, &c. lane, square or alley of the city, under a penalty of not less than two dollars, nor more than twenty dollars for each offence. CHELSEA. STATUTES. 3. Act to be accepted by the town 1. Conditions of the connection of Chelsea. between Chelsea and Boston. 4. In Suffolk, county property to 2. Duration of the act, provided belong to the city of Boston. for. County property to re- 5. Chelsea not to be assessed for main vested in Boston. county purposes. Conditions of 1. By an act of the legislature, passed June 23, 1831, between Chelsea it was provided, that the connection which by law then and Boston. 1831, 65, ~ 1. subsisted between the city of Boston and the town of Chelsea should continue upon the following conditions, that is to say-First: the said town of Chelsea should, by good and sufficient deeds, assign and release to the said city of Boston, all right, title and interest, in and to all the real CatELSEA. 77 estate and personal estate then belonging, or any time before deemed and taken to belong to the county of Suffolk, and should also relinquish to the said city of Boston, the exclusive care, management, jurisdiction and regulation of the court houses, jails, house of correction, and all other lands, buildings and establishments, deemed county property, or in which the said county of Suffolk claimed, or had claimed or exercised any care, management, jurisdiction or regulation as aforesaid. Secondly: that the said city of Boston should be at liberty to apply, from time to time, to the legislature, for any alterations in the laws establishing and regulating county, municipal or police courts, or respecting the administration of justice, which the said city of Boston should think expedient, without any let, hindrance, interference or claim of right, by the said town of Chelsea, before the legislature or otherwise: provided, always, that some court or courts, within the said city of Boston, should have jurisdiction in all matters and things, which, in relation to the town of Chelsea, or the inhabitants thereof, were cognizable by the court of common pleas, or by the court of sessions in the county of Suffolk, before the passing of the " Act to regulate the administration of justice within the county of Suffolk, and for other purposes," passed February 23, 1822.1 Thirdly: that the said town of Chelsea might, at any time, apply to the legislature to be set off from said county of Suffolk to any other county, without opposition from the said city of Boston. 2. The second section of the same act provided, that Duration of the act, provided toil. the said act should continue and be in force, so far as re- Ibid. 2. spects the connection aforesaid, between the said city of Boston and the said town of Chelsea, for the space of twenty years, and thence afterwards until the same should be altered by the legislature, unless the said town of Chelsea should, in the mean time, apply to the legislature, and be set off as aforesaid: provided, however, that the rights of county property property which should be acquired by the said city of Bos- in sBo tedo I The, act referred to, stat. 1821, c. 109, was repealed by the Revised Statutes. 78 ICHIMNEYS AND CHIMNEY SWEEPERS. ton, under this act, should nevertheless remain forever vested in the said city of Boston. Act to be ac- 3. By the third section, the act was to take effect, cepted by tha town of Chelsea, whenever the said town of Chelsea, at any town meeting Ibid, ~ 3, legally assembled, should accept the same; and from the time of such acceptance, all rights of property of the town of Chelsea, in and to all the estate, real and personal, of the county of Suffolk, should cease and determine and be vested in the said city of Boston. The act was accepted, at a meeting of the inhabitants of the town of Chelsea, duly notified and warned on the 5th of September, 1831. In Suffolk, 4. By the Revised Statutes, all the real estate and county property to belong to the personal estate, in the county of Suffolk, which, on or becity of Boston. R. S. 14, 7. fore the twenty-third day of June, in the year one thousand eight hundred and thirty-one, belonged, or was deemed and taken to belong, to the said county, shall belong to, and be vested in, the city of Boston; and the town of Chelsea shall have no right, title, or interest therein. Chelsea not to 5. In the assessment of county taxes, for the county of be assessed fort. Suffolk, the town of Chelsea shall not be taxed for county Ibid, 34. purposes.1 CHIMNEYS AND CHIMNEY SWEEPERS. ORDINANCE. 3. Foul chimneys, how to be ex1. Chimneys to be exaihined and amined. Fires not to be kept repaired. Penalty. Defective in them. Penalty. chimneys may be abated. 4. Penalty for burning chimneys, 2. Sweepers of chimneys to be &c. Proviso. licensed. Penalty. 1 The town of Chelsea was divided by stat. 1846, c. 127, and a portion of the town incorporated into a separate town by the name of North Chelsea. CHIMNEYS AND CHIMNEY SWEEPERS. 79 ORDINANCES OF THE CITY.1 SECT. 1. The mayor and aldermen, upon complaint Chimlneystobe examined and made to them, or upon their knowledge and view of any repaired. defective chimney, or other fire place within this city, shall, ec. 28, 1825. from time to time, take effectual care that the same shall be examined and inspected; and, when in their opinion the safety of the city requires it, shall order the same to be immediately amended or repaired if the same can be properly done; otherwise, to be taken down and demolished. And if the owner or owners of such defective chimney or fire place, shall wilfully neglect or refuse to amend, repair or take down the same, the said owner or owners shall forfeit and pay a sum not less than one, or more than twenty dollars: provided, that such owner or owners shall have Penalty. been served with an order in writing from the mayor and aldermen to amend, repair or take down the said defective chimney or fire place (as the case may be,) duly certified by the city clerk; an attested copy of which order, made and certified by the said city clerk, shall be duly served upon such owner or owners, by any person appointed for that purpose, by the said mayor and aldermen. And the said mayor and aldermen for the time being, shall have full power and authority to order and direct, and they are hereby required to cause such defective chimney or fire place, to be taken down and abated as a common nuisance; Defective chimneys may be -and the owner or owners of such defective chimney or abated. fire place, shall in such case bear, satisfy and pay the whole expense and charge of abating such nuisance, and of taking down and removing such defective chimney or fire place. SECT. 2. The mayor and aldermen are authorized and Sweepers of chimneys to be directed, to appoint and license, from time to time, suitable licensed. persons to be sweepers of chimneys in this city, who, to-Ibid gether with their apprentices, and others by them employed, shall wear such badges as the mayor and aldermen shall appoint and direct, and whose wages and compensation for 1 An ordinance for the regulation of chimneys and chimney sweepers, passed Dec. 28, 1825. An ordinance establishing a fire department, &c., passed June 4, 1850, ~ 26. 80 CHIMNEYS AND CHIMNEY SWEEPERS. their work and service in sweeping chimneys, shall not exceed the rates, which are or may be fixed and appointed by the mayor and aldermen. And if any person who shall not be appointed and licensed as aforesaid, shall presume, either by himself or by his apprentices, or others by him employed, to undertake the sweeping of any chimney in this city, excepting such as are in his qwn occupation, every such person shall forfeit and pay a sum not less than Penalty. one dollar, nor more than ten dollars, for every offence of which he shall be duly convicted. And no inhabitant of this city shall employ any person, (excepting his, or her own servant, being in his or her house,) to sweep any of his or her chimneys, within the city, other than one of the chimney sweepers appointed and licensed as aforesaid by the mayor and aldermen; and if any inhabitant of this city shall employ any person, other than the chimney sweepers appointed and licensed as aforesaid, in violation of the provisions of this ordinance, he or they shall forfeit and pay a fine not less than one dollar nor more than ten dollars. Foul chimneys, SECT. 3. When and so often as complaint is made to how to be examined. the mayor and aldermen, by any chimney sweeper apIbid. pointed and licensed as aforesaid, or by any inhabitant of the city, against aniy person or persons, that their chimneys are unsafe by reason of foulness, the mayor and aldermen, or any other person by them empowered, are hereby directed to inspect and view, or order to be inspected and viewed, and to them reported, every such chimney complained of as aforesaid; and if upon such view, inspection and report, the mayor and aldermen shall, either from their own view, or the report of the person appointed to view Firesnot to be as aforesaid, judge the same to be unsafe and dangerous kept inthel. to make and keep fire therein by reason of foulness, the said mayor and aldermen shall give notice thereof to the person or persons in the possession or occupancy of the house or tenement to which such chimney or chimneys belong; and every occupier or occupiers of such house or tenement, shall forfeit and pay a sum not less than one dollar, nor more than twenty dollars, for every day in which fire shall be made and kept in such chimney or chimneys COMMON AND PUBLIC SQUARES. 81 respectively, by such occupier or occupiers, after notice shall have been given them in manner aforesaid, until the same shall be properly and sufficiently swept. SECT. 4. If any chimney, stove pipe, or flue within the Penalty for burning chimcity, shall take or be set on fire, the occupant of the house neys, &c. June 4, 1850. to which such chimney, stove pipe, or flue appertains, or the person or persons so setting the same on fire, shall forfeit and pay the sum of two dollars; provided, that it shall Proviso. be lawful for any person to set fire to, and burn his chimney, stove pipe, or flue, between sunrising and noon, if the buildings contiguous are wet with rain or covered with snow; and it shall be the duty of the chief or other engineers to report to the mayor and aldermen the name of every person liable to the penalty provided by this section, in their first returns thereafter. COMMON AND PUBLIC SQUARES. ORDINANCE. 5. Trees on the common or malls 1. Mayor and aldermen to have not to be injured, &c. the care of the common, &c.'6. Filth, &c. not to be placed on 2. Police may remove offenders. the common, &c. 3. Horses not to be rode on the 7. Carpets where not to be shaken. common. Proviso. 8. Cattle, &c. not to go at large. 4. Sward, gravel, &c. not to be When to be impounded. taken from the common. 9. Penalties. ORDINANCE OF THE CITY.1 SECT. 1. The mayor and aldermen shall have the care Mayor and aland custody of the common, public squares and public the care and custody of the fountains of the city, subject to such ordinances as may common, public 1 An ordinance in relation to the common, the public squares and public fountains of the city, passed May 13, 1850. 11 82 COMMON AND PUBLIC SQUARES. squares and pub- from time to time be adopted by the city council; but no lic fountains. May 13, 1850. more money shall be expended on the same than is appropriated for that purpose by the city council. Police officers SECT. 2. It shall be lawful for any police officer to remay remove offenders. move from the common, or any of the public squares, any person, who is violating any law or ordinance, or is committing any nuisance, or is guilty of any disorderly conduct. Horses not to be SECT. 3. No person shall ride, lead or drive any horse rode on the common. in or upon the open grounds of the city, called the common, or in or upon any enclosed public square, unless by permisProviso. sion of the mayor and aldermen; provided, however, that on occasion of military exercise, parade or review, the introduction of any horses on the common, which may be necessary for the purpose of such exercise, parade and review, shall not be deemed an infraction of this ordinance. Sward, gravel, SECT. 4. NO person shall dig or carry away any of the &c. not to be taken from the sward, gravel, sand, turf or earth in or from any part of the common, common lands, or public squares, except by permission of the mayor and aldermen for some public use. Trees on the SECT. 5. NO person, except by permission of the mayor common or malls not to be injur- and aldermen, shall climb, break, peel, cut, deface, either ed, &c. See also R. S. by posting up bills of any description or otherwise, remove, 126, Q 42. injure or destroy any of the trees, growing, or which shall hereafter be planted on the common, or either of the malls adjoining the common, or on the common lands of the city, or in any street or public place of the city. Filth, &c. not to SECT. 6. NO person shall, in any manner, carry or cause be placed on the common, to be carried into the common, or common lands, or any public square or place of the city, any dead carcass, ordure, filth, dirt, stones, or any offensive matter or substance whatsoever; and no person shall commit any nuisance in the said common, common lands, or any public square or place of the city. Carpets, where SECT. 7. No person shall shake or otherwise cleanse not to be shaken. any carpet on any of the common lands, or in any of the public squares or places, streets, lanes, or alleys of the city, except upon the common; and no person shall shake, or otherwise cleanse any carpet upon the said common, within ten rods of either of the malls or either of the public paths, CONSTABLES. 83 made under the authority of the city government across the same. SECT. 8. No owner or keeper of any horse or grazing Cattle, &c. not cattle shall suffer the same to go at large, or to feed upon to go alarge the common, or common lands, public squares, streets, lanes, or alleys of the city, under the penalty hereinafter provided, And any horse or cattle found at large, in said city, not having a keeper, shall be liable to be impounded When to be imby any field driver, and detained by him until the payment pounded. of fifty cents, together with the cost and charges of impounding and keeping the same. SECT. 9. Any person who shall offend against any of Penalties. the provisions of this ordinance, shall forfeit and pay for each offence a sum not less than one nor more than twenty dollars, to be recovered by complaint before the justices of the police court. CONSTABLES. STATUTES. tain actions in name of treas1. Mayor and aldermen to ap- urer. Proviso. point constables. 3. Copy of bond to be given to 2. Persons injured by breach of persons applying for the same. bond of constables, may main1. The mayor and aldermen are empowered to appoint Mayorandalderannually, such a number of persons as constables as the pub- men to appoint constables. lic service may require; and the said constables, so appoint- 1802, 7, 13. ed, shall give bonds to the treasurer, in such sums, and on Bond. such conditions, as the said mayor and aldermen shall think proper, for the faithful performance of the duties of their office. By the act of 1802, constables in Boston have the Powers. Same powers as were by law vested in constables chosen by the towns in this commonwealth. Such constables, in ad- 1807, 134, 3. dition to the usual condition of their bonds, shall also be bound to the faithful execution of all warrants committed to them by the treasurer and collector. 84 CONSTABLES, Persons injured 2. When the condition of any bond, given to the treasby breach of bond of consta- urer of the city of Boston, by any constable of said city, for bles, may maintain actions in the faithful performance of the duties of his office, shall be name of treasurer. broken, to the injury of any person, such person may cause 821, 110, 1. a suit to be instituted upon such bond, at his own costs, but in the name of the treasurer of the city of Boston; and the like endorsements shall be made on the writ, and the like proceedings be had thereon, to final judgment and execution, and the like writs of scire facias, on such judgment, as may be made and had by a creditor on administration Proviso. bonds, given to any judge of probate: provided, however, that no such suit shall be instituted by any person for his own use, until such person shall have recovered judgment against the constable, his executors or administrators, in an action brought for the malfeasance or misfeasance of the constable, or for non-payment of any moneys collected by the said constable, in that capacity, or a decree of a judge of probate, allowing a claim for any of the causes aforesaid, and such judgment or decree, or so much thereof as shall be unsatisfied, with the interest due thereon, shall be the proportion of the penalty for which execution shall be Proviso. awarded: provided, however, that this act shall not be construed to make any surety in any bond given by the constable as aforesaid, before the passing of this act, liable to any suit, which could not heretofore be legally prosecuted against him, Copy of bond to 3. It shall be the duty of the treasurer aforesaid, to be given to persons applying fordeliver an attested copy of any constable's bond to any the same. 1814, 165,4 2. persons applying and paying for the same, and such attested copy shall be received as evidence in any case: provided, nevertheless, that if in any suit, the execution of the bond shall be disputed, the court may order the treasurer to bring the original bond into court. 1 1 For general provisions respecting constables, see Rev. Stat., c. 15, ~ 33, 66-80; 1842, c. 37; 1845, c. 70; and 1847, c. 98. See also Taxes. 85 COURTS. STATUTES. 22. General jurisdiction in criminal 1. Duties of the judge of the mu- cases. nicipal court to be performed 23. Of offences against the by-laws by the court of common pleas. of Boston, except, &c. 2. Name, jurisdiction, &c. of said 24. Jurisdiction of certain assaults. court to continue as heretofore. 25. Of larcenies. 3. Times and places of holding 26. Of fornication. the court. 27. Appeals allowed. 4. How adjourned in the absence 28. May issue process for witnesses of the judge. into any county. 5. Jurisdiction of the court. 29. All warrants in criminal cases 6. Municipal court to have con- to be returnable to the police current jurisdiction with C. C. court. P. and S. J. C. of proceedings 30. Fees on warrants issued by a upon recognizances in criminal justice. matters in Suffolk county. 31. Justices of the peace in Boston 7. May sentence minors to house to be conservators of the peace. of reformation in certain cases. 32. Appeal allowed to the munici8. Court to issue writs, &c. like pal court. C. C. P. 33. Attendance, when a case is ad9. Seal and teste of precepts. journed, 10. Seal. 34. The court to be held also for 11. Grand jurors to be summoned civil actions. and empanelled. 35. To have exclusive jurisdiction 12. Proceedings when the grand in certain cases. jury find an indictment for a 36. Teste and form of writs. capital crime, 37. Trustee writs may run into any 13. Traverse jurors. county. 14. Court may grant new trials and 38. Proceedings to be like those allow exceptions. No appeal before justices of the peace. allowed. 39, Times and place of holding the 15. How clerk shall be appointed justices court. and records kept. 40. Appeal allowed to the C. C. P. 16. Fines, &c. to be paid and ac- 41. Justices to establish general counted for as in C. C. P. rules of practice. May dis17. Provision for taxing, certifying charge from prison in certain and paying costs, arising in the cases. municipal court. 42, Senior justice. Seals of the 18. Clerk to keep and render an courts. account of fees. 43. Appointment of the clerk. 19. Salary of clerk. 44. Clerk to be sworn and to give 20. Appointment of justices of po- bond. lice court. 45. Duty of the clerk. 21. Times and place of holding 46. Same subject. the court. 86 COonTS. 47. To account for and pay over 54. Board of accounts. moneys. 55. Three of the board to make a 48. May appoint assistant clerks. quorum. Their compensation. 49. To be responsible for them. 50. Justices and clerk not to be of ORDINANCE. counsel or attorney, &c. 1. Penalty of the bond of the clerk 51, Salaries of the justices. of the police and justices courts. 52. Salary of the clerk. 2. Time for which the bond shall 53. Pay of assistant clerks. be in force, STATUTES. MUNICIPAL COUliT. Duties of the 1, By the statute of 1843, chapter 7,1 all the duties, municipal court then required by law to be performed by the judge of the by the court ofd municipal court of the city of Boston, shall be performed common pleas. 1843,7, P 1. within and for the county of Suffolk by the justices of the court of common pleas, or by some one of them; provided, however, that no one of said justices shall hold more than three monthly terms of said municipal court in succession. Name, jurisdic- 2. The name, style, and caption of the said municipal tion, &c. of said court to con- court, and its powers, duties and jurisdiction, shall continue as heretofore. tinue the same as prescribed by law. Ibid, ~ 3. 3. The said court shall be held in the city of Boston, Times and places of hold- on the first Monday of every month, and may be adjourned ing the court R. S. 86, O 2. from time to time, as occasion shall require. How adjourned 4. If the judge shall be absent, at a time appointed for in the absence holding a court, whether at the beginning of a term, or at of the judge. Ibid, ~ 3. an adjournment thereof, the clerk shall adjourn the court, either without day, or to such time and place, as the public convenience may in his judgment require, and notice of such adjournment shall be given by proclamation, to be made in the court house by the sheriff or his deputy, and in such other manner as the court may by any general rule direct. Jurisdiction of 5. The said court shall have original jurisdiction, conthe court. current with the supreme judicial court, of all crimes, Ibid, ~ 4. 1 In the case of Brien v. Commonwealth, (5 Metc. 508,) it was held, that this statute is not repugnant to the constitution of the commonwealth. Held, also, that the office of judge of the municipal court was virtually abolished. COURTS. 87 offences and misdemeanors committed in the county of Suf- 1 Pick. 28. 6 Pick. 104. folk, which are not capital, and of all offences against the 3 Metc. 460. by-laws of the city of Boston, and appellate jurisdiction of all offences, which shall be tried and determined before the police court of the city of Boston, or before any justice of the peace for the county of Suffolk. 6. All actions, suits and prosecutions, in the name of Municipal court to have concurthe commonwealth, upon recognizances taken in any crimi- rent jurisdiction with C. C, P. nal prosecution or proceeding in the county of Suffolk, may and S. J. C., of proceedings be brought in and before the municipal court of the city of upon recognizances in crimiBoston, and said municipal court shall have jurisdiction alnmatterslin Suffolk county, thereof, concurrent with the court of common pleas and l844, 44, s 1. supreme judicial court, in said county, in all cases wherein said court of common pleas and supreme judicial court respectively now have jurisdiction; and all writs for the recovery of the penalties of such recognizances shall be in the forms prescribed by law, and may be sued out in term time or vacation, and shall be served fourteen days before the term at which they are returnable; and said municipal court shall have power and authority to render judgment for the whole, or any part they think proper, of the penal sum of such recognizances respectively, and interest thereon, and issue writs of execution, in form prescribed by law, against the party sued in said actions, and the said writs of execution shall be tested, sealed, directed and served, in the same manner as writs of execution issuing from the court of common pleas of this commonwealth. 7. The municipal court has also jurisdiction, concurrent May sentence nminors to house with the police court, to sentence to the house of reforma- of reformation, in certain cases. tion, in certain cases, minors under the age of sixteen, who 1847, 208, ~ L live an idle and dissolute life, &c. 8. The said court shall issue all such writs and pro- Court to issue writs, &c. like cesses, and exercise all such powers, as may be necessary c. c. P. R. S. 86, 5. or proper for the discharge of their duty, in like manner as 1843, 7,, 1. may be done by the court of common pleas; and all such writs and processes may run into any county, and shall be obeyed and executed throughout the state. 9. All precepts, warrants, venires and processes, issued Seal and teste of precepts. from said municipal court, shall be tested like similar prQ- i84a, 7, ~ 7. 88 COURTS. cesses from the court of common pleas, and shall be under the seal of the municipal court, and signed by its clerk. Seal. 10. The seal of the said municipal court shall in all 18, 44, 2. cases be the same as that of the court of common pleas of this commonwealth. Grand jurors to 11. The clerk of the said municipal court, seven days be summoned and empanelled. at least, and not more than fourteen days, before each Ibid, ~ 3. R. S. 136, ~ 2, term of the said court, commencing on the first Monday of repealed, by 1844, 44,, 3. January, and the first Monday of July, in each year, shall issue a writ of venire facias for twenty-three grand jurors to serve in said court, twenty-two of whom shall be drawn and returned from the city of Boston and one from the town of Chelsea, in said county of Suffolk; and the grand jurors, so returned, shall constitute the grand inquest of the commonwealth for said county, for the term of six months, and until another grand jury is empanelled in their stead. 1 Proceedings 12. If the grand jury, attending at any term of the when the grand jury find anin- municipal court, shall find and return to the court any dictment for a capital crime. indictment for any crime punishable with death, if the per18w 44 4'. son accused be not in custody, process shall be forthwith issued for the arrest of the party charged with such offence, and the party so charged shall, as soon as may be, be served with a copy of the indictment by the sheriff oar his deputy, with an order of court giving notice to the accused, that the indictment will be entered at the supreme judicial court next to be holden in and for said county of Suffolk, Com.v.Webster, or at any intermediate time before the next term when said s. J. C. March T. 1850. supreme judicial court shall be in session in said county, and notice of such indictment shall also be forthwith given to the chief or first justice of that court by the clerk of said municipal court; and the said clerk shall transmit and certify the original indictment to the supreme judicial court at the next term thereof, or at any intermediate time when said supreme judicial court shall be in session in said county, where it shall be entered, and the said supreme 1 For general provisions respecting the drawing of jurors, and grand jurors, see Rev. Stat. 95, c. 136; stat. 1838, c. 21; 1840, c. 74. COURTS. 89 judicial court shall then and there have full cognizance and jurisdiction thereof, and the same proceedings shall be had, as if the said indictment had been found and returned in said supreme judicial court. 13. The traverse jurors of the municipal court shall be Traverse jurors. R. S. 86, S 7. drawn and returned from the city of Boston, and from the Ibid, 95, 34,35. town of Chelsea, in the manner provided in the ninety-fifth chapter of the Revised Statutes, and writs of venire facias shall be issued for that purpose, returnable at the terms held in January, April, July and October, in each year; and the jurors, so returned at each of those four terms, respectively, shall also serve at the two next succeeding terms. 1 14. The said municipal court may grant new trials in Court may grant new trials and the like cases, and upon the same terms and conditions as allow exceptions. are provided, in the one hundred and thirty-eighth chapter Ibid, 86, ~ 11. of the Revised Statutes, for the granting of new trials by the court of common pleas; and exceptions may be taken to any decision or direction of the court in matter of law, in the same manner, and with the same limitations, as are No,peal provided in said chapter. But no appeal is allowed to the allowed. Ibid, $ 10. supreme judicial court. 1839, 161. 15. Whenever hereafter a vacancy shall happen in the How clerk shall be appointed, office of clerk of said municipal court, such vacancy shall and records kept. be filled by an appointment thereto, to be made by the said843, 7, a judges of the court of common pleas; and the records of the said municipal court are to be kept separate and distinct from those of the court of common pleas. 16. All fines, forfeitures and costs, accrued or allowed Fines, &c. to be upon any judgment or other proceeding in said court, shall paid and asi be paid, received and accounted for, in like manner as is'. 86,' 9. provided in the case of criminal prosecutions in the court of common pleas. 17. All costs arising in criminal prosecutions, in the Provision for taxing, certifysaid municipal court, shall be taxed by the prosecuting ing and paying costs arising in officer according to law, and the allowance thereof shall be the municipal court. certified by the clerk, under the direction of the court, and 1843, 61, ~ 1. 1 See note on p. 88. 12 90 COURTS. copies thereof transmitted to the county treasurer, as now prescribed by law, and said treasurer shall pay the same upon such certificate and copies. Clerk to keep 18. The clerk of the said court shall keep an account and render an account of fees. of all fees received by him for his official acts and services, R. S. 86, ~ 13. under the laws of this commonwealth, excepting fees for such copies as he is not required by law to furnish, and he shall, on the first Wednesday of January, in every year, render to the treasurer of the county of Suffolk his account, on oath, of all fees so received within the year then past. Salary of clerk. 19. The said clerk shall receive an annual salary of Ibid5, 14. twelve hundred dollars, and in the same proportion for any part of a year, if the fees, for which he is required to account, shall amount to so much; and if, upon rendering his said account, there shall be in his hands any excess above the amount due for his salary, he shall retain for his own use one half of the excess, and shall pay the other half thereof to the said county treasurer, who shall account therefor to the treasurer of the commonwealth. 1 POLICE COURT. Appointment of 20. The justices of the police court of the city of Bosjusticesof police ton shall continue to hold their offices according to the R. s 87, ~ 1. tenor of their commissions, and as vacancies occur, others shall be appointed in the manner provided by the constitution, so that there shall be always three justices of the said court. Times and place 21. The police court shall be held in Boston, for the of holding the court. county of Suffolk, by one or more of the said justices, at Ibid, ~~ 2. nine of the clock in the morning, and at three of the clock in the afternoon, of every day in the year except Lord's days, and days of public thanksgiving and fast. Generaljurisdic- 22. The said court shall have the same jurisdiction in tion in criminal cas. inal criminal suits and prosecutions, and in all matters relating Ibid, ~ 3. 6 Pick. 104. 1 The stat. 1813, c. 178, and Rev. Stat. c. 86, ~ 12, respecting the salary of the judge of the municipal court, appear to be superseded by stat. 1843, c. 7, ~ 1, and stat. 1844, c. 44, ~ 5, which latter section repeals the 6th section of stat. 1843, c. 7. COvRTS. 91 to treasons, felonies, and other crimes and misdemeanors, Seealsostat. 1847, 208, cited committed in the county of Suffolk, and relating to persons on p. 8, ante; 1840, 79, ~ found therein, and charged with any of the said offences, 1847, 104; and and shall have and exercise the same powers in all criminal 1849, 59. cases, that are or may be given by law to one or more justices of the peace, or of the peace and quorum in other counties. 23. The said court shall also have cognizance of all Of offences against the byoffences against the by-laws of the city of Boston, which laws of Boston, except, &c. are not within the exclusive jurisdiction of some other R. S. 87, ~ 4. court. 24. The several police courts of this commonwealth Jurisdiction of certain assaults. shall have concurrent jurisdiction with the municipal court 1849, 132, ~ 1. of the city of Boston, and the court of common pleas, of all cases of assault and battery committed upon any consta, ble, police officer, or watchman, while in the discharge of his duty as such officer, except in cases where such assault and battery shall be committed with a dangerous or deadly weapon, or with intent to kill, or when life is endangered. And, for such assault and battery, said police courts may punish by fine, not exceeding thirty dollars, or by imprisonment in the house of correction not more than six months. 25. The said police courts shall have concurrent juris- Oflarcenies. diction with said municipal court, and court of common Ibid,' 2. pleas, of all larcenies mentioned in the seventeenth section of the one hundred and twenty-sixth chapter of the Revised Statutes, when the money, or other property stolen, shall not be alleged to exceed the value of twenty-five dollars; in all which cases, the punishment shall be by fine not exceeding thirty dollars, or by confinement in the house of correction not more than six months. 26. The said police courts shall have concurrent juris- Of fornication. diction with said municipal court, and court of common Ibid, ~ 3. pleas, of all cases arising under the fifth section of the one hundred and thirtieth chapter of the Revised Statutes, in which cases the punishment shall be by imprisonment in the county jail not more than three months, or by fine not exceeding thirty dollars. 92 COURTS. Appeals allowed. 27. Any person, convicted under the provisions of the Ibid, ~ 4. three next preceding sections, may appeal to the municipal court, or court of common pleas, and the appeal shall be allowed on the same terms, and the proceedings therein conducted in all respects, as provided in the one hundred and thirty-eighth chapter of the Revised Statutes respecting appeals from justices of the peace. May issue pro- 28. The police court in the city of Boston shall have cess for witnesses into any power to issue summons and other process to procure the county. 1838, 147,~1. attendance of witnesses, in the trial and examination of criminal cases, to run into any county, to be served by the sheriff of the county of Suffolk, or of any other county, or either of their deputies, or any constable of the town in which any witness may be. All warrants in 29. All warrants issued by the saidc ourt, or by any criminal cases to bereturnable to justice of the peace'in Boston, in any criminal suit or the police court. R. s. 87, ~ 5. prosecution, shall be made returnable before the said court, and no process returnable before a justice of the peace in the town of Chelsea, except for causes of complaint arising in that town, shall be served in Boston. Fees on war- 30. No fees shall be allowed to any justice of the rants issued by a justice. peace for any warrant issued by him, returnable before Ibid,~ 6. said court, unless it shall appear to the court that there was just and reasonable cause for issuing the warrant. Justices of the 31. Every justice of the peace in the city of Boston peace in Boston to be conserva shall, notwithstanding any thing contained in this chapter, tors of the peace. Ibid, o 7. have and exercise all the powers and duties of a conservator of the peace, for suppressing all affrays, riots, assaults and batteries, and for arresting all persons concerned therein; and all persons so arrested, whether upon a warrant in writing or otherwise, shall be brought before the said court for examination, to be there dealt with according to law. Appeal allowed 32. Every person, convicted in the county of Suffolk, to the municipal court. before any justice of the peace or any police court, may 1849, 31. appeal therefrom to the municipal court of the city of Boston, and the appeal shall be entered at the next term of the municipal court, and shall be conducted and disposed of, in COURTS. 93 all respects, like appeals in criminal cases from justices of the peace to the court of common pleas in other counties. 33. When any trial or examination, pending before the Attendance, when case is said court, is adjourned to a future day, as provided in the adjourned. one hundred and thirty-fifth chapter of the Revised Stat- R. S. 87, l 9. utes, the parties and the witnesses shall not be required to attend from day to day, but they shall attend at the time to which the cause is so adjourned, and the recognizances, if any, shall be taken accordingly.1 JUSTICES' COURT. 34. There shall also be a court for the trial of civil The courtto be held also for actions, to be held by one or more of the justices of the civil actions. police court, which shall be called the justices' court for Ibid,; 10. the county of Suffolk. 35. The said justices' court shall have and exercise, To have exclusive jurisdiction exclusively, the same jurisdiction in all civil actions in the in certain cases. county of Suffolk, that is exercised by justices of the peace Pick. 508. 6 Pick. 104. in other counties. I Metc. 148. 36. All writs and processes, issued by the said justices' Teste and form of writs. court, shall bear teste of either of the justices who is not a R. s. s7,, 12. party thereto, and shall be signed by the clerk, and they shall be, in all other respects, substantially like the writs and processes issued by justices of the peace. 37. When, by a trustee writ, returnable before the Trustee writs my run into justices' court of the county of Suffolk, any person is to be any county. summoned as a trustee, who is liable to be charged as such, 1838, 147, l 3. and the defendant resides within this commonwealth, but in a county other than that of the trustee, said writ may run into any county, and shall be served on the defendant fourteen days at least before its return day. 38. All the proceedings in the said justices' court, Proceedingsto be like those in the hearing, trial and determination of civil actions, before justices and in all matters relating thereto, shall be substantially R.tS.87, e 13. the same as the proceedings in like cases before jus1 For provisions in relation to police courts generally, see Rev. Stat. c. 87, ~~ 29-46; stat. 1837, c. 157, 217; 1838, c. 147; 1839, c. 157; 1843, c. 22; 1847, c. 208; 1849, c. 137. See also Lunatics. 94 cotRTs. tices of the peace; and the said justices' court shall have and exercise all such powers as may be necessary or proper for the discharge of their duty, in the same manner as justices of the peace might do in the like cases. Times and place 39. The said justices' court shall be held in Boston, on of holding the justices court. tWO days in each week, to be fixed and determined by the 6 Pick. 110. justices thereof, and as much oftener as occasion shall require, and it may be adjourned to any other time; and all actions therein may be continued to any future day fixed for the sitting of the court. Appeal allowed 40. Any party, aggrieved by the judgment of the said to the C. C. P. R.s. 87, ~ 15. justices' court, may appeal therefrom to the court of common pleas for the county of Suffolk, and all the proceedings on such appeal shall be conducted in all respects, as is provided for appeals in civil cases from justices of the peace to the court of common pleas in other counties. Justices to estab- 41. The said justices shall from time to time meet, to lish general rules of practice. establish all necessary rules for the orderly and uniformr conducting of the business of both of the said courts, and also to arrange and distribute their duties, so as to equalize the same among themselves, as nearly as may be, and to ensure a prompt and punctual discharge thereof; and on all May discharge other occasions requiring the presence of two or more jusfrom prison in certain cases. tices; and when so assembled, the said justices may discharge from prison, in the county of Suffolk, any person, who may be there held for no other reason than the nonpayment of fine and costs, if it shall appear to them that he is poor and unable to pay the same; provided, that when such person is held under the sentence of any other court, the consent thereto of the judge, or of one of the justices of such other court, shall be first given in writing. Senior justice. 42. The senior justice of said court, for the time being, Seals of the courts. shall be the first justice of the said police court and justices' court, but each of the said courts shall have a separate and distinct seal. Appointment of 43. The clerk of the said police court and justices' the clerk. Ibid, ~ 18. court shall continue to hold his office, according to the tenor of his commission; and upon any vacancy in said office, the governor, with the advice of the council, shall COURTS. 95 nominate and appoint one person, to be clerk of both of the said courts, who shall hold his office during the pleasure of the governor and council; and in case of the death or absence of the clerk, the court shall appoint a clerk pro tempore, who shall officiate as such, until the standing clerk shall resume the performance of his duties, or until another shall be appointed by the governor. 44. The clerk shall be sworn to the faithful perform- Clerktobe sworn, and to ance of his duty, and shall give bond to the city of Boston, give bond. in such sum as the city council shall order, with a surety bid, ~ 19. or sureties, to the acceptance of the city treasurer, with condition for the faithful performance of the duties of his office. 45. The clerk or his assistant shall attend all sessions Duty ofthe clerk. of both of said courts, and keep a record of all the pro- Ibid, 20. ceedings of the said police court, and a distinct record of all the proceedings of the said justices' court. 46. He shall also make out all warrants, writs and pro- Same subject cesses, which shall be ordered by either of the said courts, abid, 21. and tax all bills of costs, and receive all fines and forfeitures, and all fees, awarded and payable in either of said courts, and all fees for blanks, and for copies in civil and criminal suits; and the amount of all fees received by him for copies shall be indorsed thereon. 47. He shall render to the board of accounts of the Toaccountfor and pay over city of Boston a quarterly account of all moneys so receiv- moneys. ed by him as clerk, and upon the approval thereof by the Iid, ~ 2. board, he shall forthwith pay over the amount due thereon to the city treasurer. 48S. He may from time to time appoint one or more as- May appoint assistant clerks. sistant clerks, to aid him in the discharge of his duties; Ibid, ~ 23. but no person shall be so appointed, unless approved by the justices of the said courts. 49. The clerk shall be responsible for the doings of his To beresponsible for them. assistants, and they shall be removable at his pleasure, and Ibid, f 24. shall be sworn to the faithful performance of their duties. 50. Neither of the said justices, nor the said clerk, nor The justices and clerk not to be either of his assistants, shall be retained or employed as of counsel or attorney, &c. counsel or attorney in any suit, complaint, or proceeding, Ibid, ~s5. 96 COURTS. in the said police court, or justices' court, nor in any which shall have been heard, examined or tried therein. jalaries of the 51. The said justices shall severally receive, from the Ibid, ~ 26. city of Boston, an annual salary, the amount of which shall be from time to time determined by the city council, and shall be paid in quarterly payments, and in the same proportion for any part of a quarter, in full compensation for all their services, except those required of them as members of the board of accounts of the city of Boston. Salary of the 52. The said clerk shall also receive from the city an Ibid, ~ 27. annual salary, the amount of which shall be from time to time determined by the city council, and shall be paid in quarterly payments, and in the same proportion for any part of a quarter, and shall be in full compensation for all his services. Compensation 53. The assistant clerks shall receive from the city such of assistant clerks. compensation for their services, as shall be ordered by the city council, provided the board of accounts shall certify that their services were necessary. BOARD OF ACCOUNTS. Board of ac- 54. In the county of Suffolk, the judge of probate and counts for the county of Suf- the justices of the police court of said city, shall continue folk. R.. 14, 41. to be the board of accounts; whose duty it shall be to meet, quarter yearly, and as much oftener as may be found necessary, to examine and allow all bills of costs, accounts and charges, arising in the course of proceedings in said municipal and police courts, and in the maintenance and keeping of the prisoners in the jail of the county of Suffolk, and of all other expenses and charges, in keeping said jail and all other places of confinement and punishment, within the city of Boston; and the said board of accounts shall certify all such accounts, charges and expenses, as shall have been allowed by them; and their certificate shall be endorsed on the accounts so allowed, and shall be addressed to the public officer by whom such charges, fees and expenses may by law be payable. Three of the 55. Any three or more, of the members of the board of board to make a quorum. accounts of the county of Suffolk, shall constitute a quorum CRIERS. 97 for the performance of their duties; and they shall be en- Their compensation. titled, respectively, to receive the sum of three dollars, for R. S. 14, ~42. each and every day which may be employed by them, in the discharge of their said duties. ORDINANCE OF THE CITY.1 SECT. 1. The penalty of the bond to be given by the Penalty ofthe bond of the clerk clerk of the police court, and justices' court, shall be five of the police and justices' courts. thousand dollars; the form shall be prescribed by the may- June 17, 1822. or, with the approbation of the board of aldermen; and the city treasurer shall have the custody of said bond, and be accountable therefor. SECT. 2. The bond which is to be taken as aforesaid, Time for which the bond shall shall be in force for one year from the date thereof, and be in force. Ibid. until a new bond is given, and the bond of said clerk shall be renewed annually, in manner as aforesaid. CRIERS. ORDINANCE. 3. Criers to keep a list of matters 1. Licenses to be granted to cor- cried, &c. Shall not cry libelmon criers. Term of license. lons matter, &c. 2. Crying without license. 4. Penalty for violation. ORDINANCE OF THE CITY.2 SECT. 1. The mayor and aldermen may from time to Licenses to be granted to comtime grant licenses to such and so many persons as they mon criers. June 10, 1850. 1 An ordinance prescribing the penalty of the bond to be given by the clerk of the police court and justices' court, passed June 17, 1822. 2 An ordinance to regulate common criers, passed June 10, 1850. 13 98 DEEDS. may deem expedient, to be common criers in this city; and such licenses shall continue in force until the first day Term of license, of May next after the date thereof, unless sooner revoked by the mayor and aldermen, and no longer. Crying without SECT. 2. No person shall be a common crier within the license, Ibid. city of Boston, or cry any goods, wares or merchandize, lost or found, stolen goods, strays or public sales, in any of the streets, squares, lanes, or market places within the city, unless he shall be licensed as aforesaid. Criers to keep SECT. 3. Every person so licensed shall keep a true a list of matters cried, &c. and perfect list of all the matters and things by him cried, and the names of the persons, by whom he was employed to cry the same; which list shall be open, and subject to the inspection of the mayor and aldermen, whenever they shall demand the same; and no common crier shall publish or Shall not cry li- cry any abusive, libellous, profane or obscene matter or bellous matter, &c. thing whatsoever. Penalty for SECT. 4. Any person, who shall be guilty of a violation violation. Ibid. of this ordinance, or any part thereof, shall forfeit and pay, for each offence, a sum not less than one dollar, nor more than twenty dollars. DEEDS. ORDINANCE. 2. Mayor authorized to discharge 1. Mayor authorized to execute and assign mortgages. deeds, &c. ORDINANCE OF THE CITY.1 Mayor author- SECT. 1. The mayor of the city is authorized and emized to execute ed. 18, 833 powered to affix the common seal of the city unto, and to 1 An ordinance providing for the execution of deeds and leases and discharge of mortgages on behalf of the city, passed November 18, 1833. 1o3GS. 99 s;gn, seal, execute and deliver, in behalf of the city, all deeds and leases of lands sold or leased by the city, and all deeds, agreements, indentures, or assurances, made and entered into by order of the city council. SECT. 2. Whenever any person, having lawful authority Mayor authorto redeem any estate mortgaged to the city, shall make ap- and to discharge plication to the mayor for such purpose, the mayor shall fbiad. have power, on the payment of the sum of money due on said mortgage, made to the treasurer of the city, to discharge, release, or assign the same without liability or recourse to the city, the assent of the board of aldermen thereto being first had and obtained, and to execute, in behalf of the city, any and all legal instruments that may be necessary for this purpose. DOGS, STATUTES; ORDINANCE: i. City council may make by-laws 1. No dog permitted to go at large respecting the keeping of dogs. without license; 2. Fees for licenses, to be paid to 2. City clerk shall grant licenses, the treasurer.;Fee for samei -3. Dogs to have collars) with 3. Clerk to keep record of same, namles, &c. of owners. make quarterly reports, and pay 4. Double damages for injury done ovei moneys, -by dogs. 4. Licenses to be numbered. Dogs 5. Any person may kill any dog, to wear collars. when, &c. 5. City marshal to cause dogs at C. Dangerous dogs, to be confined large, without collars, to be by owner, or killed. destroyed..Z. If owner neglects, after notice, 6. Proceedings in case any dog any person may kill his dog. shall disturb the quiet of any 8. Owner liable to treble damages, person, by barking, &c. Proviso. in case, &c. 7. Penalty, 100 DOGS. STATUTES. City councilmay 1. The city council of any city in this commonwealth make by-laws respecting the may make such by-laws, concerning the licensing, regukeeping of dogs. R. s. 5s, i o0. lating and restraining of dogs, going at large, as they shall R. 8, 2 6. deem expedient, and may affix any penalties, not exceeding ten dollars for any breach thereof; provided, that no such by-law shall extend to any dog, not owned or kept in such city, and that no person shall be obliged to pay more than two dollars, annually, for any license granted under the provisions of this section. 1 Feesforlicenses, 2. All money received for the several licenses mento be paid to the treasurer tioned in the preceding section, in any city, shall be paid R. S. 58, $ 11. ibid, 2, ~ 6. to the treasurer for the use of the city. Dogs, to have 3. Every person, who shall keep or own any dog, shall collars, with names, &c., cause to be constantly kept, about the neck of such dog, a of owners. R. S. 58,; 12. collar, with the name and place of residence of such owner or keeper legibly marked on the same; and any person may kill any dog, being without a collar as aforesaid.2 Double damages 4. Every owner or keeper of any dog shall forfeit, to fo)r injury done by dogs. any person injured by such dog, double the amount of the damage sustained by him, to be recovered in an action of trespass, and in such action, the defendant may plead the 1 A by-law of a town, made under this section, will be construed to apply only to dogs owned or kept in the town, although, in its terms, it applies to "any person permitting his dog to go at large within the town"; and if it is otherwise valid, it may be enforced against the owner or keeper of a dog within the town. Commonwealth v. Dow, (10 Metc. 382.) 2 A by-law of a town imposed a penalty of $10 on any person permitting his dog to go at large in the town, unless the dog should be licensed to go at large, and should wear a collar with the name of the owner or keeper, and the word " licensed" distinctly marked thereon; and the further penalty of $10, if said dog should wear a collar without license. Held, that although the latter part of this section might be repugnant to the Rev. Stat. c. 58, ~12, and therefore void, yet that the former part was valid, and that the penalty thereby imposed was recoverable of a person who permitted his dog to go at large without being licensed. Ibid. The provision in the Rev. Stat. c. 58, ~ 12, that any person may kill any dog that is without a collar, does not authorize a person to convert such dog to his own use; and trover by the owner will lie for such conversion. Cummings v. Perham, (1 Mete. 555.) DOGS. 101 general issue, and give any special pmatter in evidence, in excuse or justification. 5. Any person may kill any dog, that shall suddenly Any person may assault him, while he is peaceably walking or riding, any kill enY dg& where out of the enclosure of the owner or keeper of such 43CJohenR 31.~ dog; and any person may kill any dog, that shall be found R. S. 58, ~ 14. out of the enclosure or immediate care of its owner or keeper, worrying, wounding or killing any neat cattle, sheep or lambs. 6. If any person shall be assaulted by any dog, in man- Dangerous dogs, ner as aforesaid, or if any dog shall hereafter be found to be confinedbY strolling out of the enclosure or immediate care of its Ibid, 15. owner or keeper, and if such person shall, at any time within forty-eight hours after such an assault, or the finding of such dog strolling as aforesaid, make oath thereof, before any justice of the peace for the county, or before the clerk of the town or city where the owner of such dog R. S. 2, O 6. shall dwell, and shall further swear that he suspects such dog to be a dangerous.or mischievous dog, and shall give notice thereof to such owner or keeper, by delivering him a certificate of such oath, signed by such justice or clerk, the owner or keeper of such dog shall forthwith kill or confine the same; and if he shall neglect so to do, for the space of twenty-four hours, after notice is given as aforesaid, he shall forfeit the sum of ten dollars, to be recovered rbid. to the use of the town or city, on complaint before any R. M.etc 838,2 justice of the peace, or, in the county of Suffolk, before the police court for said county. 7. If, after such notice, such dog shall not be killed or Ifownerneglects, after noconfined, but shall again be found strolling out of the en- tice, any person may kill his dog. closure or immediate care of its owner or keeper, any per-. s. 58s, l 16. son may kill such dog; and in any suit brought therefor, the defendant may plead the general issue and give the special matter in evidence. 8. If any dog, after notice given to the owner or Ownerliableto treble damages, keeper, as before provided, shall, by any sudden assault, in in case, &c. manner as aforesaid, wound or cause to be wounded, any Ibid, 17. person, or shall worry, wound or kill any neat cattle, sheep or lambs, or do any other mischief, the owner or keeper 102 DOGs. shall be liable to pay to the person injured thereby treble damage, to be recovered with costs, by action of debt. ORDINANCE OF THE CTTY.1 No dog permit- SECT. 1. No dog shall be permitted to go at large2 or ted to go at large without license. loose, in any street, lane, alley, court, or travelled way, or June 4, 1850. in any unenclosed or public place, in this city, until the owner or keeper of such dog, or the head of the family or the keeper of the house where such dog is kept or harbored, shall have paid to the city clerk two dollars for a license for such dog to go at large. City clerk shall SECT. 2. The city clerk shall grant a license to any grant licenses h d l Fee for same. CitiZen for his or her dog to run at large, on the payment Ibid. of two dollars; which license shall expire on the first day of February next after the same is given. Clerk to keep SECT. 3. The city clerk shall keep a record of all make quarterly licenses so granted, with the numbers of the same; and he reports, and pay shall make a report to the mayor and aldermen, once in over moneys. Ibid. three months, of all moneys so received; and shall pay over the same to the city treasurer for the use of the city. Licenses to be SECT. 4. Every license so granted shall be numbered, nDogs toear and the person named therein shall cause the same number Iblid. to be legibly printed or engraved on a collar, to be kept about the neck of the dog intended to be licensed. And no dog shall be considered as licensed, unless the requisition contained in this section be complied with. City marshal to SECT. 5. It shall be the duty of the city marshal to cause dogs at large, witfhout cause all dogs to be destroyed which shall be found at 1 An ordinance restraining the going at large of dogs within the city of Boston, passed June 4, 1850. 2 A dog is " going at large " in a town, if he be loose and following the person who has charge of him, through the streets of the town, at such a distance that he cannot exercise a control over the dog, which will prevent his doing mischief, Commonwealth v. Dow, (10 Metc. 382.) EAST BOSTON. 103 large within the city, without a collar as required by the collars, to be destroyed. laws of this commonwealth. Ibid. SECT. 6. On complaint being made to the mayor, of any Proceedings in dog within this city which shall, by barking, biting, howl- s icela ny dog quiet of any pering, or in any other way or manner, disturb the quiet of son,bybarking, any person or persons whomsoever, the mayor shall issue &C. notice thereof to the person owning, keeping, or permitting such dog to be kept; and in case such person shall neglect to cause such dog to be forthwith removed and kept beyond the limits of the city, or destroyed, he shall forfeit and pay one dollar for every day during which such neglect shall continue after such notice; provided, that the justice before Proviso. whom the complaint respecting such dog shall be heard and tried, shall be satisfied that such dog had in manner aforesaid disturbed the quiet of any person or persons in the said city. SECT. 7. In case any dog shall be found loose or going Penalty. at large, contrary to any of the foregoing provisions, the Ibid. owner or keeper thereof, or the head of the family, or keeper of the house, store, shop, office, or other place where such dog is kept or harbored, shall forfeit and pay a sum not exceeding ten dollars. EAST BOSTON. 1. East Boston Company author- docks, and buildings; to lay out ized to hold Noddle's Island. streets, &c. Proviso. Authority to sell, lease, 2. Corporation shall set apart land &c., construct dams, wharves, for public purposes. STATUTE. 1. In the act to incorporate the East Boston Company, East Boston in the city of Boston, passed March 25, 1833, it is pro- thoripzedo hold vided, that said corporation may purchase, hold and pos- 83dd's Ilnd. sess, in fee simple or otherwise, all or any part of that 104 EAST BOSTON* island situate in the city of Boston, known by the name of Noddle's Island, with all the flats around the same, and the privileges and appurtenances thereto appertaining, and all rights, easements and water courses therewith used and enjoyed, and to the proprietors of said island belonging; with such personal property as may be necessary for the proper Proviso. conducting of the affairs of said corporation: provided, that the whole real and personal estate of said corporation shall not exceed in value the sum of five hundred thousand dollars: and provided, that the lawful owners or proprietors of such estates shall convey the same to said corporation. Authoritytosell, And said corporation shall also have power to sell and conlease, &c., construct dams, vey, lease, mortgage, or otherwise dispose of said corpodocks, wharves andbuildings. rate property, or any part thereof, and to manage and improve the same at its will and pleasure, with authority to construct dams, docks, wharves and buildings, and to lay To lay out out streets and passageways within the limits of said streets, &c. streets, &C island, as it shall deem expedient. Corporation 2. Said corporation shall set apart on said island, in land for pablit such place or places thereon as the mayor and aldermen of Fbirdp,o 4. the city of Boston may designate, a portion of land, not exceeding in the whole four acres, free of expense to the city, for the purpose of providing proper sites for engine houses, school houses, burial grounds, and for other public purposes: provided, that no lot, except the lots for burial grounds, shall contain more than ten thousand feet, without the consent of this corporation: and pjrovidedfurther, that said mayor and aldermen shall designate the land so to be taken, within six weeks from the passing of this act. 1 1 The East Boston Company, by deed dated August 12, 1836, conveyed to the city of Boston a lot of land on Paris street; and by deed dated July 13, 1838, a lot of land on Bennington street, and another on Meridian and Paris streets; in conformity with their act of incorporation. See Suffolk Registry of Deeds, Lib. 409, fol. 89, and Lib. 433, fol. 161. 105 ELECTIONS. 1 ORDINANCE. 4. To be served by constables, 1. Form of warrants for ward and returned. meetings. 5. Time of opening and closing 2. To be served by constables, the poll shall be fixed by the and returned. mayor and aldermen, and in3. Form of warrants for general serted in the warrant. meetings. ORDINANCE OF THE CITY.2 SECT. 1. The form of warrants for calling meetings of Form of warrants for ward the citizens of the several wards, shall be as follows, to wit: meetings. L. S. City of Boston. To either of the constables of the City of Boston. Greeting: In the name of the Commonwealth of Massachusetts, you are hereby required, forthwith, to warn the inhabitants of ward No., qualified as the law directs, to assemble at on the day of at o'clock M. then and there to give in their ballots for Hereof fail not; and have you there then this warrant, with your doings thereon. Witness Mayor of our said City of Boston the day of in the year of our Lord By order of the Mayor and Aldermen. City Clerk. SECT. 2. All warrants for calling meetings of the citi- To be served by constables, and zens of the several wards, which shall be issued by the returned. mayor and aldermen, shall be served by any constable of the city, and returned to the wardens of the several wards in said city, on or before the time of meeting of the citizens of said wards, therein specified. 1 For general statutes respecting elections, see Rev. Stat. c. 3, 4, 5, 6, 15; stat. 1839, c. 42, 165; 1840, c. 59, 66; 1841, c. 70; 1842, c. 99; 1843, c. 94; 1844, c. 78, 143, 167; 1845, c. 217; 1848, c. 35, 240. See also, City Charter and Amendments, ante. 2 An ordinance prescribing the form of warrants and of the service thereof, passed December 27, 1826. 14 106 ELECTIONS. Form of war- SECT. 3. The form of warrants for calling meetings of rants for general meetings. the inhabitants of the said city of Boston, shall be as folIbid. lows, to wit: L. S. City of Boston. To the constables of the City of Boston. Greeting: In the name of the Commonwealth of Massachusetts, you are hereby required forthwith to warn the inhabitants of the City of Boston, qualified as the law directs, to assemble at Faneuil Hall, on the day of at o'clock, M. then and there to Hereof fail not; and have you there then this warrant, with your doings thereon. Witness, Mayor of our City of Boston, the day of in the year of our Lord By order of the Mayor and Aldermen. City Clerk. To be served by SECT. 4. All warrants which shall be issued by the constables, and returned. mayor and aldermen, for calling meetings of the inhabitants Ibid. of the city, shall be served by any constable of the city, and returned to the mayor and aldermen on or before the meeting of the citizens therein specified. Time of opening SECT. 5. It shall be the duty of the mayor and alderand closing the poll shall be fixed men to fix the time when the poll shall close, as well as the by the mayor and aldermen, time for the opening thereof, in the election of all officers, and inserted in the warrant. except ward officers, and insert the same in any warrant bid. and notification to the inhabitants, of such election. 107 FANEUIL HALL. ORDINANCE. 3. To attend to the opening and i. Superintendent to be appointed closing of the hall. by the mayor and aldermen. 4. To hold his office during the His general duties. pleasure of mayor and alder2. To examine the apartments men. Vacancy. once a month. 5. His salary. ORDINANCE OF THE CITY.1 SECT. 1. There shall be appointed annually by the Superintendent mayor and aldermen a superintendent of Faneuil HIall, by mayorand alderinen. His whose duty it shall be to supervise and take proper care of general duties. said hall and all the rooms over the same and connected Oct.14, 1833. therewith, to attend to the admission of visitors, to provide that the said rooms are kept clean and in good order, and to report to the mayor and aldermen all repairs that may be necessary in the same. SECT. 2. It shall be the duty of said superintendent to To examine the apartments once examine at least once in each month and as much oftener mornth. as he may deem expedient, the various apartments, com- Ibid prising the armories, offices and stores connected with said Faneuil Hall, for the purpose of ascertaining any danger that may exist from fire or other causes, and whenever he shall discover any such cause of danger to report the same to the mayor and aldermen. SECT. 3. It shall be the duty of said superintendent to To attend to the opening and attend to the opening and closing of said hall, at such hours losing of the hall. and under such provisions as the mayor and aldermen may Ibid. direct. SECT. 4. Said superintendent shall hold his said office To hold his office during the pleasduring the pleasure of the mayor and aldermen, and in ore of mayor and aldermen. case of a vacancy occurring in said office, the same shall be Vacancy. filled in the manner provided in the first section. Ibid. SECT. 5. Said superintendent shall receive such com- His salary. Ibid. pensation for his services as the city council may from time to time allow. 1 An ordinance providing for the appointment of a superintendent of Farnecuil IIall, passed October 14, 1833. 108 FANEUIL HALL MARKET. STATUTE. 12. Lessees shall not permit any 1. Mayor and aldermen author- offal, &c., to remain. ized to extend Faneuil Hall 13. Offal, &c., shall not be thrown market. Provisions respect- out. Tainted meat, &c., shall ing damages for land taken, &c. not be offered for sale. 14. Stalls to revert to mayor and ORDINANCES. aldermen in certain cases. 1. Clerk of Faneuil Hall market. 15. Sleeping and smoking in mar2. His deputies. ket forbidden. Idle and disor3. Duties of clerk and deputies. derly persons, pedlers, &c. 4. Limits of the market. 16. Lord's day. Evenings of week 5. Clerk, &c. to assign stands for days, except Saturdays, &c. carts, wagons, sleighs, &c. May Penalty. order the same to be removed, 17. Passageways not to be incumPenalty. bered. 6. Horses, &c., to be taken out. 18. Standing in streets to sell, with7. No person to occupy stand out authority, forbidden. without permission of clerk. 19. Penalties. 8. Agents and servants, employed 20. Clerk may assign stands in to sell. streets within the limits of 9. How butter shall be sold. market. Penalty for refusal to 10. Persons guilty of fraud, or con- pay, &c. victed of breach of this ordi- 21. Clerk shall pay over moneys nance, shall not sell for one received, and make quarterly year, unless, &c. report. 11. Stalls to be leased. STATUTE. i. By an act of the legislature, passed February 21, Mayor and al- 1824, the mayor and aldermen were authorized, whenever dermen auth(rized to extend the city council should declare that the public exigences Faneuil Hall market. require that the limits of Faneuil Hall market should be 1823, 148. extended in any direction between Ann street on the north, a line drawn from the east end of Faneuil Hall, on the west, the south side of Faneuil Hall, and the lane leading to Green's Wharf on the south, and the harbor on the east, to lay out and widen Faneuil Hall market, within one year from the first day of April, 1824, in such direction within the limits aforesaid, not exceeding one hundred and eighty feet wide, as might be prescribed by the city council: provided, that the land taken, by virtue of this act, should FANEUIL HALL MARKET. 109 never be used for any other purposes than those described Provisions releg,,ngdamain said act, without the previous consent of the legislature gpects forg landma being obtained therefor. The act contained provisions for taken, &c. referring questions of damages for land taken and buildings removed for the purposes thereof; for petitions to the supreme judicial court for indemnity; the appointment of commissioners by the court; and a trial by jury in case either party should be dissatisfied with the award; with special authority for trustees, administrators, &c. to enter into references and take other measures respecting damages; and provisions securing the proceeds to the persons for whom such estates were held in trust. 1 ORDINANCE OF THE CITY.2 SECT. 1. The mayor and aldermen shall annually Clerk of Faneuil Hall Market. in the month of June or July, appoint a clerk of Faneuil October 26, 1i846. 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, His deputies. whenever authorized by the mayor and aldermen, employ one or more deputies, who shall be approved by the mayor and aldermen, and who shall have power and authority 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 re1 The city council, by resolves passed March 11, 1824, declared that the public exigences required such extension; and on July 22, 1824, the mayor and aldermen laid out and widened the said market, "in an easterly direction from said Faneuil Hall to the harbor, between two lines, parallel to the walls of Faneuil Hall aforesaid, and running eastwardly towards the harbor, of which the north line shall be fourteen feet distant from the north side of said hall, and the south line shall be one hundred and eighty feet to the south of said north line." City Records, vol. 2, pp. 70, 294. 2 An ordinance for the regulation of Faneuil Hall Market, passed October 26, 1846. An ordinance in addition to an ordinance for the regulation of Faneuil Hall Market, passed May 30, 1850. 110 FANEUIL HALL MARKET. sponsible for the conduct of each of his deputies, and such deputies shall receive such compensation for their services as the city council shall annually direct. Duties of clerk SECT. 3. The clerk of Faneuil Hall Market, and his and his deputies. ibid. deputies, shall, under the control of the mayor and aldermen, 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 regulations, orders and ordinances, which may be duly made and established 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. Limits of the SECT. 4. The limits of Faneuil Hall Market, shall inmarket. May 30, 1850. elude 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, except the northerly sidewalk of North Market street, and the southerly sidewalk of South Market street; and shall also include all those parts of Commercial street and the street lying between the market building and Faneuil Hall, which lie between the inner lines of said sidewalks extended easterly and westerly across said streets.2 Clerk, &c., to SECT. 5. The said clerk and his deputies, under the assign stands for carts, wagons, direction of the mayor and aldermen, shall have the control sleighs, &c. october 26,1846. of all carts, wagons, sleighs and other vehicles and car1 It is not necessary that the clerk of the market before entering a complaint for violation of the regulations of the market, should have the direction of the mayor and aldermen to make such complaint. Commonwealth v. Rice, (9 Mete. 253.) 2 A by-law providing that no inhabitant of the city or any town in the vicinity thereof, not offering for sale the produce of his own farm, &c.: shall, without the permission of the clerk of the market, be suffered to occupy any stand for the purpose of vending commodities, in certain streets which by the by-law are a part of the market, was held to be a salutary police regulation, and not void as making a distinction between the inhabitants of the city and its vicinity, and those of distant towns, nor as being uncertain, nor as being in restraint of trade. N]ightirngale's case, (11 Pick., 168.) The city government have an undoubted right to prohibit the occupation of a stand in the streets by any one, or by any one not having a license or permission for that purpose from the clerk of the market. Ibid, 171. FANEUIL HALL MARKET. 111 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 occupy any stand other than such as may be assigned him, or keep any cart, wagon, sleigh, or other vehicle or carriage, horse, or other beast, within the limits of said market, for any longer space of time, or shall range or locate them in any other manner or form, than such as may be 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 May order the same to be reor possessors thereof neglect or refuse after request so to moved. remove them, or if the owner or possessor be absent therefrom) 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, barrel, cask, crate, basket, package, tub, or other vessel, whether empty or not, incumbering any place within the limits of said market house used as passageways either in the said house, or the passageways 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, remove 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 Penalty for neglector refusal to so to do by such owner or possessor, or the absence Of remove, when so directed. 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 ordinance, 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 re-delivery or possession 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 112 FANEUIL HALL MARKET. public auction, after being advertised for twenty-four hours, as may be necessary to produce the amount in money of said expenses of the removal and keeping, and the cost and charges of the sale and advertising thereof; and the residue of said property shall be subject to the disposal of the owner or person having charge thereof. Horses, &c. to SECT. 6. All horses and other beasts shall be taken be taken from the carts, &c. from the carts, wagons, sleighs, and other vehicles having Ibid. 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 deputies, 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 re-delivery 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 behalf, as the said clerk, or either of his deputies shall demand, the same to be paid to, and accounted for by said clerk or his deputies, to said city. No person to oc- SECT 7. [No person shall at any time, without the percupy stand without permission mission of said clerk or either of his deputies, occupy any of clerk. Ibid. stand within the limits of said market, with cart, wagon, oeP a18d) sleigh, vehicle, carriage, bench, box, basket, barrel, cask, 9 Metc. 53. crate, tub, or other vessel or otherwise, for the purpose of FANEUIL HALL MARKET. 118 vending any articles within the limits of said market, unless he shall, before selling or offering for sale such articles, satisfy the clerk or either of his deputies, upon the request of either of them, by legal proof, or his own certificate in writing, that all the said articles, enumerating them, are the produce of his own farm, or some farm not more distant than three miles from his own dwelling house; and every person occupying any such stand in any of the abovementioned manners, or with any of said carriages or vessels, 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 Agents and servants, employed streets within the limits of said market shall employ any to sell. agent or servant to sell in said market any articles for him, Octobe, 184. 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 occupying a stand as aforesaid, or his servant or agent, be permitted 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 permitting 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 provisions 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 Howbuttershall be sold. market for sale, shall be sold by weight, and if it is in Ibid. lumps, each lump shall contain one or more even or integral pounds', half or quarter pound's weight; and the clerk and 15 114 FANEUIL HALL MARKET. 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, to destroy the form of said lumps. Persons guilty of SECT. 10. If any person shall, within the limits of said fraud, or con- s victed of breach market, sell, or offer to sell, or exhibit for sale, any article of this ordinance, shall not which shall be deficient in the weight or measure for which sell for one year, unless, &c. 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 enumerated 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. Stalls tobe SECT. 11. The several stalls in said market shall be leased, Ibid. 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 mayor and aldermen shall appoint, and at such times as the mayor and aldermen shall determine; and such lessees shall not underlet 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. Lessees shall SECT. 12. The said lessees shall not throw, or permit not permit any offal, c. to re- to be thrown, or to remain within the precincts of their remain. Ibid. spective 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 deposited 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. FANEUIL HALL MARKET. 115 SECT. 13. No person shall throw or sweep any offal, Offal,&c.,shall not be thrown animal or vegetable substance, scrapings or sweepings, into passageways or streets, damaged salt or pickle, or foul water, from the stalls or &c. cellars into the passageways, 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 Tainted meat, &c. shall not be of said market, sell, or offer to sell or expose for sale, or offered for sale. Ibid. have in his possession, any meat, fish, bread, vegetables, tallow, skins, pelts, poultry or other articles, which in the opinion of said clerk or either of his deputies, shall be diseased, corrupted, tainted or unwholesome; but such person 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 deputies shall forthwith remove the same, or cause the same to be removed from said limits to such suitable place as aforesaid, 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 dQllars for each offence. SECT. 14. When the lessee of any stall, or occupant of Stalls to revert to mayor and alany cellar in said market house, shall from any cause dermen in certain cases. whatever vacate the same, or shall receive notice from the Ibia. 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, passageways, sidewalks and the streets adjoining said house, the stall or stalls and cellar of such lessee shall thereupon revert to the city and be at the disposal of the mayor and aldermen. 116 FANEUIL HALL MARKET. Sleeping and SECT. 15. NO person shall, within the walls of Faneuil smoking in market forbidden. 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 Idle and disor- lighted pipe or segar. And it shall be the duty of the said derly persons, pedlers, &c. clerk and his deputies to prevent idle and disorderly persons, itinerant pedlers, and transient persons selling newspapers, 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. Lord's day. SECT. 16. 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 Christmas days, nor on any evening after the closing of the market 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 Evenings of on any part of the Lord's day or evening, or any week week days, except Satur- day after sunset, excepting on Saturdays, and on the evendays, &c. ings immediately preceding Thanksgiving and Christmas days, or on any evening after the closing of the market Penalty. house, he shall forfeit a penalty not exceeding twenty dollars; and the said clerk or either of his deputies may cause the same to be removed, in the manner provided in the fifth and sixth sections of this ordinance, or either of them. Passageways SECT. 17. Lessees of stalls and occupants of stands not to be incumbered. shall not incumber the main passageway or cross passages Ibid. within the said market house, nor the passageways outside of said house in front of the door ways and leading into the middle of the streets, nor any of the avenues leading to and FANEUIL HALL MARKET. 117 from the said market, with any casks, barrels, meat, or other articles or incumbrances. SECT. 18. No person, unless duly authorized by the Standingin streets to sell, mayor and aldermen, shall stand in any of the streets, without authority, forbidden. lanes, alleys, squares, or public places of said city, with lbid. 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, box, basket, barrel, block or table therein, on which to exhibit any such articles for sale. SECT. 19. Every person offending against any of the Penalties. provisions of this ordinance, shall, in addition to the penalties before prescribed, forfeit and pay a sum not less than two dollars, nor more than twenty dollars, to be recovered 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 clerk of Faneuil Hall Market, or Clerk may aseither of his deputies, may assign stands for all carts, the streetswithin the limits of the wagons, or vehicles of any description, and places, for the market. ofthe sale of provisions or any other articles whatsoever, in the May 30, 1850. streets within the limits of the said market, and may demand and receive such rates of charges therefor, as the said clerk may from time to time establish, under the direction of the mayor and aldermen. And every person who shall occupy any stand not so assigned to him, or who shall neglect or refuse to pay the sum demanded for such Penalty for refusal to pay, &c. stand as aforesaid, which he has occupied or may occupy, shall be liable to a penalty of not less than two nor more than twenty dollars; and such person shall, when directed by the said clerk, or either of his deputies, forthwith remove without the limits of the market, and cause his cart, wagon or other vehicle, and all his property, to be also removed, under a further penalty of not less than two dollars nor more than twenty dollars; and the said clerk, or either of his deputies, shall also have power to remove the same forcibly, on the neglect or refusal of such person so to remove as directed. 118 FINANCE. Clerk shall pay SECT. 21. The said clerk shall pay over all moneys by over moneys received, and him received to the city treasurer, and shall make a quarmake quarterly report. terly report to the mayor and aldermen of all sums so reIbid. ceived and paid over. FINANCE. STATUTE. 7. Joint committee of finance. 1. Interest authorized upon ac- Their appointment and duty. counts current of Boston with 8. Committee on the reduction of banks. the city debt. 9. City debt, what moneys to be ORDINANCE. applied annually to the reduc1. Joint committee of accounts. tion of. How appointed. 10. Auditor to pass such moneys 2. Auditor of accounts. His ap- to the credit of the committee, pointment. Oath. Bond. &c. 3. No moneys to be paid from city 11. Committee authorized to lend treasury, unless vouched, &c., to treasurer, sums not immediand drawn for by mayor. Pro- ately wanted. viso. 12. Debts due the city to be put 4. Committee of accounts, to di- into hands of city solicitor for rect the manner of keeping the suit. auditor's books, &c., and to 13. City officers to pay over mon. pass bills. eys to the treasurer. 5. Auditor. His duty as to keep- 14. To lay statement before city ing books, and making com- council. munications to city council, ex- 15. Auditor to lay before city counamining and casting bills, &c. cil schedules of leases. EstiTo render other services when mates of money to be raised. required. Statement of receipts and ex6. City treasurer, when to make penditures. Account with the up his accounts. Commence- treasurer. ment of the financial year. 16. Joint committee to audit treasurer's account. STATUTE. Interest author- 1. It shall be lawful for the city of Boston to contract ized upon accounts current of with any bank or banks, for the receipt and payment of inBoston with banks. terest, at a rate not exceeding that established by law, upon 1842, 98. Lan account current of moneys deposited with and drawn from such bank or banks by the said city; any thing con FINANCE. 119 tained in the fifty-seventh section of the thirty-sixth chapter of the Revised Statutes, or elsewhere, to the contrary notwithstanding. ORDINANCE OF THE CITY. 1 SECT. 1. There shall be appointed in the month of Jointcommittee of accounts. January, annually, by ballot, in each board of the city coun- How appointed. cil, a joint committee of accounts, to consist of two on the Dec. 22,1825. part of the board of aldermen, and three on the part of the common council, whose duty it shall be to meet once a month, and as much oftener as they may deem expedient. SECT. 2. There shall be appointed, in the month of Auditor of accounts. May annually, by concurrent ballot in each board, one able His appointment. and discreet person, to be styled auditor of accounts; who Ibid. shall continue in office until removed, or a successor be appointed; who shall receive such compensation for his services as the city council shall authorize and establish, and who shall be removeable at all times, at the pleasure of the city council; who shall be sworn to the faithful discharge Oath. of the duties of his office, and give bond with surety or Bond. sureties, to be approved by the mayor and aldermen, in the penal sum of five thousand dollars, for the faithful discharge of said duties, the true accounting for and payment over, of all moneys which shall come into his hands, and the delivery over to his successor or to the mayor and aldermen of all the books, accounts, papers and other documents and property, which shall belong to said office; and in case said office should become vacant by death, resignation or otherwise, a successor shall forthwith, and in like manner, be appointed, who shall continue in office until the appointment of a successor. SECT. 3. No moneys shall be paid out of the city treas- No moneys to be paid from city ury, except in the cases hereinafter provided, unless the treasury, unless expenditures, or the terms of the contract, shall be vouched and drawn for by mayor. 1 An ordinance establishing a system of accountability in the expenditures of the city, passed December 22, 1825. An ordinance concerning the public loans and reduction of the city debt, passed March 10, 1834. An ordinance providing for the more regular collection of debts due to the city of Boston, passed February 23, 1835. An ordinance further to provide for a system of accountability in the concerns of the city, passed July 27, 1835. An ordinance in addition, &c., passed December 28, 1840. 120 FINANCE. by the chairman of the committee of the board under whose authority it has been authorized and made; nor unless the same shall be examined by the auditor, approved by the committee of accounts, and drawn for by the mayor. And it shall be the duty of the mayor to compare such expenditures with the general appropriations made for the various objects, and require the auditor to make an exhibit of the state of such appropriations, monthly, to the city Proviso. council: provided, that in all cases where it is necessary for money to be paid in advance, for contracts made or for work begun, but not completed, the mayor may, upon being satisfied of such necessity, draw upon the city treasurer, for the amount thus necessary to be advanced; which draft shall be paid by the city treasurer, provided the same be countersigned by the auditor; and it shall be the duty of the auditor to countersign all such drafts, not exceeding three hundred dollars, and to charge the same to the proper person, and account; but the said auditor shall not countersign any such draft for any sum exceeding three hundred dollars without the direction of the committee of accounts. Committee ofac- SECT. 4. It shall be the duty of the committee of accounts to direct the manner of counts to direct the auditor, as to the manner in which the keeping the auditor's books, books, records and papers belonging to his department shall &c., and to pass bills. be kept, and the mode in which all bills and accounts Ibid. against the city shall be certified or vouched; and, at least once in every month, to examine, and if they see fit, to pass all bills and accounts against the city, which shall be certified by the auditor. Auditor. His SECT. 5. It shall be the duty of the auditor to keep in duty as to keeping books, and a neat methodical style and manner, a complete set of making communications to city books, under the direction of the committee of accounts; council. Ibid. wherein shall be stated among other things, the appropriation for each distinct object of expenditure, to the end that whenever the appropriations for the specific objects shall have been expended, he shall immediately communicate the same to the city council, that they may be apprised of the fact; and either make a further appropriation, or withhold further expenditure for such object or FINANCE. 121 objects as they may deem expedient: the auditor shall also receive all bills and accounts from persons having demands Receiving, examining and against the city; examine them in detail; cast up the same; casting bills, &c. and have them filed and entered in books, in such manner and form as the committee of accounts shall order and direct. And when the auditor shall have any doubt concerning the correctness of any such bill or account presented against the city, he shall not enter the same in a book until he shall have exhibited the same, with his objections, to the committee of accounts at their next meeting, for their consideration and final decision. And it shall also be the duty To render other services, when of the auditor to render any other services, from time to required. time, as the city council, or the committee of accounts shall direct. SECT. 6. The city treasurer shall make up his an-Citytreasurer, when to make nual accounts to the thirtieth of April; and the financial up his accounts. Commencement year shall begin on the first day of May, and end on the of the financial year. thirtieth day of April in each year. Ibid. SECT. 7. There shall be annually appointed a joint com- Joint committee of finance. mittee of finance, to consist of the mayor on the part of the board of mayor and aldermen, and seven members of the Their appointrent and duty. common council to be chosen by that board, whose duty it March 10, 1834. shall be, under'the direction of the city council, to negotiate all loans made on account of the city, whether on behalf of the committee on the reduction of the city debt, hereinafter mentioned, or for any other purpose, and to consider and report on all subjects relating to the finances of the city. SECT. 8. The mayor, the president of the common Committee on council, and the chairman of the joint committee of finance the city debt. on the part of the common council, shall be a committee, to Ibid. be called the committee on the reduction of the city debt, whose duty it shall be to cause all moneys passed to their credit in the books of the auditor of accounts, to be applied to the purchase or payment of the capital of the debt of the city, in the manner they may from time to time deem expedient, and it shall be the duty of the auditor and of the treasurer of the city, to conform to all orders in writing, in 16 122 FINANCE. this respect, which shall be made and signed by all the members of said committee. City debt. What SECT. 9. All balances of money, remaining in the moneys to be applieYedannuatlly treasury at the end of any financial year; all receipts in to the reduction thereo. money on account of the sale of real estate of any description, now belonging, or which may hereafter belong to the city; all receipts on account of the principal sum of any bond or note now owned, or which may hereafter be owned Dec. 28, 1840. by the city; and also of the annual city tax, in every future year, a sum that shall not be less than three per centum of the amount of the principal of the city debt, and not less than fifty thousand dollars in each year, shall be and the same hereby is appropriated to the payment or the purchase of the capital of the city debt. Auditor to pass SECT. 10. It shall be the duty of the auditor, annually, such moneys to the credit of the to pass to the credit of the committee on the reduction of committee, &c March 10, le34i the city debt, all receipts in money, the proceeds of either of the sources before mentioned, and the said amount out of the annual tax, and the sums so passed to the credit of said committee shall be drawn from the treasury of the city for the payment of the purchase of the capital of the city debt, in the manner before mentioned, and in no other mode and for no other purpose whatsoever. Committee au- SECT. 11. The committee on the reduction of the city thorized to lend to treasurer, debt are hereby authorized, to lend on interest to the sums not immediately wanted. treasurer of the city any amount so passed to their credit Ibid. as aforesaid, which may not be immediately wanted for the purchase or redemption of said debt. Debts due the SECT. 12. In all cases where specific provision is not city to be put in hands of city now made, either by the laws of the commonwealth or by solicitor for suit. Feb. 23, 1835. the ordinances of the city for the collection of debts due to the city, whether for the principal or interest of any note or bond, or arising from any assessment, contract or account, or in any other manner whatsoever, if the party owing such debt shall not, within sixty days after demand made, pay the same, such claim of the city shall be placed by the treasurer or the auditor of accounts, as the case may be, in the hands of the city solicitor, who shall forthwith put the same in suit: provided, however, that where, FINANCE. 123 in the judgment of the mayor and aldermen, the interests of the city require, they may direct any debt due to the city to be put in suit at any time after the same may become due. SECT. 13. It shall be the duty of the city clerk, the Cityofficers to pay over inmoiieys auditor of accounts, the city marshal, the weighers of hay, to the treasurer. July 27, 1835. and the city registrar, respectively, to pay over to the city June 25, 1849. treasurer, as often at least as once in three months, all moneys which they shall receive belonging to the city, and all other officers authorized to collect such moneys shall pay the same over to said treasurer, as soon as they may be collected. SECT. 14. It shall be the duty of the city clerk, theTo lay statenment before city counauditor of accounts, the city marshal, the weighers of hay, cil. and the city registrar, respectively, as early as may be in the months of February, May, August and November, in every year, to lay before the city council a statement of the whole amount of moneys which shall have been received at their respective offices, during the three preceding months; specifying in detail the sums received from each source of income. They shall also report the amounts, if any, which remain due to the city, and unpaid, and generally, any other information which they may possess, in relation to the said statement. SECT. 15. It shall be the duty of the auditor of ac- Auditorto lay before city councounts to lay before the city council annually, in the month cil schedules of of May, a schedule of all the leases of the city property, July 27, 1835. specifying severally the names of the lessees, the rates of rent, and the periods when the leases will terminate. lie shall also, in the month of February annually, lay before said council, an estimate of the amount of money necessary Estimates of nimoncy to be to be raised for the ensuing year, under the respective raised. heads of appropriation, and shall, on or before the first day of July annually, make and lay before said council, a statement of all the receipts and expenditures of the past financial Statement of receipts and year, giving in detail, the amount of appropriation and ex- expenditures penditure for each specific object, the receipt from each source of income, and the operations of the committee on the reduction of the city debt; the whole to be arranged, 124 FIRE. as far as practicable, to conform to the accounts of the city and county treasurer, so that their coincidence may be apparent; and said statement shall be accompanied by a schedule of the property belonging to the city, and also by an exhibit shewing the debts due by the city, the rates of interest thereon, and the years in which the same will become due. The auditor shall also open an account with the Account with treasurer of the city, wherein said treasurer shall be chargthe treasurer. ed with the whole amount of taxes placed in his hands for collection, also the whole amount, in detail, of all bonds, notes, mortgages, leases, rents, interest, and other sums receivable, in order that the value and description of all personal property belonging to the city may be at any time known at the office of the auditor. Joint committee SECT. 16. There shall be annually appointed in the to audit treasurer's accounts. month of May a joint committee, to consist of two on the Ibid. part of the board of aldermen and three on the part of the common council, whose duty it shall be to examine, audit and settle the accounts of the city and county treasurer for the preceding financial year; and said committee shall not only compare said accounts with the vouchers thereof, but shall ascertain whether all sums due to the city have been collected and accounted for; they shall also examine the notes, bonds, and other securities, belonging to the city, and make a full and particular report of their proceedings to the city council. FIRE. STATUTES. &c., to be made by mayor and 1, City council may establish a aldermen. fire department. May make 2. Powers, &c., of city council may provisions respecting the same. be exercised by means of any Appointment of engine-men, board, &c. FIRE. 125 3. Engineers, &c., to have the pow- ORDINANCE. ers and duties of firewards. To 1. Fire department shall consist examine places where shavings, of engineers, engine-men, hy&c., are collected, &c. Ordi- drant-men, and hook and ladnances may be made, &c. der men. 4. Exemptions of members of fire 2. Chief and other engineers to department. be chosen annually. 5. City council may appropriate 3. May be removed by city counmoney for relief of members in- cil. Mayor and aldermen may jured, &c. discharge officers or members 6. Engineers shall attend at fires. of companies. 7. Engineers, &c., may order 4. Certificates to be received by buildings to be pulled down, engineers. &c. 5. Organization of board of en8. Engineers, &c., may command gineers. Secretary. Rules and assistance. regulations. Powers of the 9. Engineers may give orders to board. Absences to be reported. engine-men, and others, &c. 6. Duty of engineers at fires. 10. Owners of buildings, &c., pulled 7. Case of fire in adjoining towns. down, to be indemnified, ex- 8. Powers of the chief engineer. cept, &c. 9. In case of his absence, the next 11. Embezzling, &c., of property, in rank shall execute his duties. at a fire, to be deemed larceny. 10. Engine, hydrant, and hook and 12. Penalty for injuring fire en- ladder companies. gines. 11. Members to be of full age, citi13. Engineers may require and zens, and voters. compel assistance. Penalty for 12. Term of service. Condition of disobeying. being entitled to pay. 14. Penalty for making bonfires. 13.:Foreman, assistant foreman, 15. Penalty for false alarms of fire. and clerk. Meeting for choice Prosecutions shall be made be- of officers. fore police court. 14. Officers chosen shall be notified 16. Penalty for roasting cocoa, ex- of their election. cept in licensed buildings. 15. Certificate of appointment, in 17. Manner in which tar kettles case of approval by mayor and and other boilers shall be con- aldermen. Otherwise, a new structed. Penalty. election. Neglect or refusal to 18. Penalty for carrying fire elect. through the streets, &c., smok- 16. Officers receiving certificates, ing pipes, cigars, &c. shall serve until discharged, &c. 19. Penalty for having lighted 17. Duties of foremen. pipe, cigar, candle, &c., in any 18. Duty of officers and members ropewalk, barn, &c. of companies in case of fire. 20. Recovery of penalties. Duty 19. Suction hose-men and leading of engineers to prosecute. hose-men. 21. Power to regulate the keeping 20. Steward. of gun cotton, and other like 21. Caps, badges, and insignia. substances. 22. Members guilty of neglect or 22. City council, &c., may make refusal of duty, &c., shall be rules in relation to storage and dismissed. Additional penalsale of camphene. ty. 126 FIIE. 23. Engineers shall report such to be paid into city treasury, neglect or refusal. unless, &c. 24. Duty of constables and police 30. Certificate of seven years' serofficers, in case of fire. vice, and badge. 25. Duty of watchmen, in case of 31. Compensation. Substitute to fire. be provided in case of sickness 26. Power of engineers to pull or absence. down buildings, when neces- 32. Members shall not assemble in sary. engine houses, &c., except, &c. 27. Duty of chief and other engin- 33. Penalty for firing any gun, &c., eers to examine places where within the city. Proviso. shavings, &c., are deposited, and 34. Penalty for having or selling to order their removal. Pen- rockets, &c., without license. alty for neglect or refusal to re- 35. Penalty for having or setting move the same. Engineers to fire to rockets, &c. prosecute, &c. 36. Penalty for making any bon7 28. Duties of engineers respecting fire, &c. gunpowder. 37. Penalty for erecting, making or 29. Moneys received for fines, &c., firing any brick kiln, &c. STATUTES. City council may 1. The city council of the city of Boston may establish establish a fire department. a fire department for said city, to consist of so many engin1850, 216, ~ o. (Adopted by the eers and other officers, and so many engine-men and other city council. June 4, 1850.) members, as the city council, by ordinance, shall from time to time prescribe; and said city council shall have authoriMay make pro- ty to make such provisions in regard to the time and mode visions rthe spect- Of appointment, and the occasion and mode of removal of either such officers or members, to make such requisitions in respect to their qualifications and period of service, to define their office and duties, to fix and pay such compensation for their services, and, in general, to make such regulations in regard to their conduct and government, and to the management and conduct of fires, and persons attending at fires, subject to the penalties provided for the breach of the city by-laws, as they shall deem expedient: Appointment of provided, that the appointment of engine-men, hose-men tngo be made by and hook-and-ladder-men shall be made by the mayor mayor and al-ecuil. dermen. and aldermen exclusively. Powers, &c., of 2. The powers and duties mentioned in the preceding city council may be exercised by section, or any of them, may be exercised and carried into means of any s hich board, &c. effect by the said city counci, in any manner which they Ibid, 0 2. FIRE. 127 may prescribe, and through the agency of any persons, or any board or boards, to whom they may delegate the same. 3. The engineers or other officers of the department, so Engineers, &c., to have the powappointed as aforesaid, shall have the same authority, in ers and duties of firewards. regard to the prevention and extinguishment of fires, and ibid, l 3. the performance of the other offices and duties now incumbent upon fire-wards, as are now conferred upon fire-wards by the Revised Statutes, or the special acts relating to the city of Boston, now in force. They shall also have author- To examnnee ity, in compliance with any ordinance of said city, to make shavings, &c., are collected, an examination of places where shavings and other com- &c. bustible materials are collected or deposited, and to require the removal of such materials, or the adoption of suitable safe-guards against fire. And said city council are hereby erdinances may authorized to make suitable ordinances upon this latter subject matter, under the penalties enacted in the city charter. 4. All officers and members of the fire department shall Exemptions of members of fire be exempted from military duty, or from serving as jurors bpartment. or constables, during the time of their employment in said R. S. 18, ~ 17; department. 5. The city council aforesaid are hereby authorized, City council may appropriate whenever, and as often as they shall deem it expedient, to money for relief of members inappropriate any sum or sums of money, in the way that jured, &c. may be judged by said council most advisable, for the relief or indemnity of any officer or member of the fire department, who may sustain corporal injury, or contract sickness in the discharge of his duty, or consequent thereon. 6. When a fire shall break out it shall be the duty of Engineers shall attend fires. the engineers immediately to repair to the place of such R s. s18, 3. fire, and to carry with them a suitable staff or badge of, their office. 7. The engineers who shall be present at the place in Engineers, &c.,' may order buildlimmediate danger from any fire, or any three of them, or ings to be pulled in their absence, two or more of the civil officers, present, R. s. s, S 4. p 850, Rs,, 3. or, in their absence, two or more of the chief military. s.I 62, 3, officers of the city present, shall have power, to direct the 1 The stat. of 1850, c. 262, repealed stat. 1822, c. 52; 1819, c. 104; 1825, c. 52; 1826, c. 97; 1828, c. 123; and 1831, c. 52. 128 FIRE. pulling down or demolishing of any such house or building, as they shall judge necessary to be pulled down or demolished, in order to prevent the further spreading of the fire. Engineers, &c., 8. During the continuance of any fire, the said enginmay command assistance. eers or other officers, respectively, may require assistance R. S. 18, ~ 5. 1850, 262, ~ 3. for extinguishing the same, and for removing any furniture, goods or merchandize from any building on fire or in danger thereof; and may appoint guards to secure the same; and may also require assistance, for pulling down or demolishing any house or building, when they shall judge it necessary; and may suppress all tumults and disorders at such fire. Engineers may 9. The said engineers, or other officers, shall have augive orders to engine-men, and thority to direct and appoint the stations and operations of others, &c. R. S. 18, ~ 6. the engine-men, with their engines, and of all other persons, for the purpose of extinguishing the fire; and if any person shall refuse or neglect to obey any such orders, he shall forfeit, for each offence, a sum not exceeding ten dollars. Owners of build- 10. In case the pulling down or demolishing of any lngs, &c., pulled down, to be in- house or building, by directions of the engineers or other demnified, except, &c. officers aforesaid, shall be the means of stopping the said R. S. 18, ( 7. 1850, 262, ~ 3. fire; or if the fire shall stop before it come to the same, then every owner of such house or building shall be entitled to recover a reasonable compensation therefor from the town; but when the building, so pulled down or demolished, shall be that in which the fire first begun and broke out, the owner thereof shall receive no compensation therefor. Embezzling, 11. In any such case of fire, if any person shall pur&c., of property, at a fire, to be loin, embezzle, convey away, or conceal any furniture, deemed larceny. a. S. 18, ~ 8. goods or chattels, merchandize or effects of the inhabitants, whose houses or buildings shall be on fire or endangered thereby, and shall not, within two days, restore or give notice thereof to the owner, if known, or, if unknown, to one of the engineers, the person so offending shall be deemed guilty of larceny and be punished therefor, as is provided in such case in the one hundred and twenty-sixth chapter of the Revised Statutes. FIRE. 129 12. If any person shall wantonly or maliciously break Penalty for injuring fire enor injure any fire engine, or the apparatus thereto belong- gies. ening, he shall be punished by a fine not exceeding five hun- R. S. 18, dred dollars, or by imprisonment not exceeding two years, and be further ordered to recognize, with sufficient surety or sureties, for his good behavior, during such term of time as the court shall order. 13. It shall be lawful for any one or more of the engin- Engineers may require and comeers aforesaid to require and compel the assistance of all pel assistance. 1817, 171, ~ 13. or any of the inhabitants of the city; and any other per- 1821, iro, g 1. sons, who shall be present as spectators of any fire; and 1850, 262, 3. in any suit or prosecution therefor, it shall be lawful for them to plead the general issue, and give'the statute in evidence; and if any person shall disobey the lawful and Penalty for disoreasonable command of any engineer or engineers, to aid in beying. extinguishing such fire, or in rescuing property from destruction thereby, such person, so offending, shall be liable to a fine not exceeding twenty dollars, to be recovered in See 20, post. manner provided in the twentieth section. 14. If any person shall be concerned in causing or Penalty for mak ing bonfires. making a bonfire, in any town in the commonwealth, within 1837, 177, 1 i. See R. S. 2, ~ 6, ten rods of any house or building, he shall be punished, on clause 17. conviction before any court proper to try the same, by a fine not exceeding twenty dollars, or by imprisonment not exceeding one month. 15. If any person, without reasonable cause, shall, by Penalty for false alarms of fire. outcry, or the ringing of bells, or otherwise, make or circu- 1837, 177, i 2. late, or cause to be made or circulated, in any town in the commonwealth, any false alarm of fire, he shall be punished, on conviction, as mentioned in the preceding section, by a fine not exceeding fifty dollars; provided, however, that all Proseutions shall be made proceedings under this act within the city of Boston, shall before police be had on complaint before the police court of said city, saving always the right of appeal to the municipal court of the city of Boston, as in other cases. 16. If any person or persons shall, within the city of Penalty for roasting cocoa, except Boston, roast, or cause to be roasted, any cocoa, for the pur- in licensed buildpose of manufacturing the same into chocolate, in any 1817, 171, 6. - b 0 ~~~~~~~~~~~1821, 110, ~ 1. building whatever, excepting such as may or shall be li- 1850, 262, s 3, 17 1O0 FIRE. censed for that purpose by the major part of the engineers of the city aforesaid, he, she or they, shall forfeit and pay for every such offence, a sum not exceeding five hundred dollars, nor less than two hundred dollars. Mannerin which 17. Every tar kettle, which shall be made use of in tar kettles and other boilers the city for the purpose of boiling tar, for the use of any shall be constructed. ropewalk, and every kettle, boiler, or copper, for the use ]8!7, 171, ~ 9. 0, O, l7. of any caulker, graver, ship carpenter, tallow chandler, soap boiler, painter or other like artificer, shall be so fixed as to prevent all communication whatsoever between the contents of such kettle, boiler or copper, and the fire. And the fire-place under every such tar or other kettle, boiler or copper, shall be constructed with an arch built over the same, and secured by an iron door, in such manner as to enclose the fire therein; and every person who shall erect any tar kettle or other kettle, boiler or copper, or use the same for any or either of the purposes aforesaid, contrary to the provisions of this act, shall for every such offence, Penalty. forfeit and pay a sum not exceeding three hundred dollars, nor less than fifty dollars, according to the degree and aggravation of the same. Penalty for car- 18. Every person who shall carry any fire through the rying fire through the streets, lanes, or on any wharves in the city, except in streets, &c., smoking pipes, some covered vessel, or who shall kindle a fire in any of the segars, &c. 1817, 171, 10. places aforesaid, without the permission therefor in writing, 18'21, 1.10, 1. 1850, 62, 3. of one or more of the engineers aforesaid, or shall smoke or have in his or her possession, any lighted pipe or segar, in any street, lane or passageway, or on any wharf in said city, shall forfeit and pay for each and every offence the sum of two dollars, to be recovered of the person so offending, or of his parent, guardian, master or mistress. Penalty for hav-' 19. If any person shall have in his or her possession, in ing lighted pipe, segar, candle, any ropewalk, or in any barn or stable within the city, &c., in any ropewalk, barn, &c. any fire, lighted pipe or segar, lighted candle, or lamp, ex181,'110, 1. cept such candle or lamp is kept in a secure lantern, the 19 Mete. 231. person so offending shall forfeit and pay for each offence, a sum not exceeding one hundred dollars nor less than twenty dollars. FrME. 131 20. All and any of the penalties which are given in Recoveryof penalties. and by the thirteenth, and the four preceding sections, may ls17, 171, s 12. be recovered by indictment, information or complaint in any court proper to try the same; and in such indictment, information or complaint, it shall not be necessary to set forth any more of said sections, than so much thereof as relates to, and is necessary, truly and substantially to describe the offence alleged to have been committed. And it Duty of engineers to proseshall be the duty of each and every one of said engineers, cute. * Ibid. and they and each of them are hereby required, to inquire 1850, 262, Q 3. after all offences which shall come to their knowledge, and which shall be committed against the true intent and meaning of said sections, and shall cause the same to be duly prosecuted. 21. By an act passed March 6, 1847, the inhabitants Power to regulate the keeping of any town, and the government, of any city in this com- of gun-cotton, and other like monwealth, may order that no gun-cotton, or other sub- substances. stance prepared, like it, for explosion, shall be kept within 1847, 51. the limits of such town or city, excepting under the regulations and penalties that were then applicable by law to gunpowder; and if it shall be considered necessary for public safety, they may restrict the quantity to be so kept to one fifth of the weight of gunpowder allowed by law in each case provided for. 22. The inhabitants of any town, and the city council city council, *&c., may make of any city, in this commonwealth, may make and adopt rules in relation to storage and such rules and regulations in relation to the storage and saleofctn-,, sale, within the limits of such town or city, of camphene, s50, i65. or any similar explosive or inflammable fluid, as they may deem reasonable, and may annex penalties to any breach of such rules and regulations, not exceeding twenty dollars for any one offence. 1 1 For other provisions respecting fire, not applicable to Boston, see R. S. c. 18, ~~ 1, 2, 9-22, c. 58, ~~ 5-9; 1839, c. 138; 1844, c. 152; 1845, c. 237. For the incorporation of the Charitable Association of the Boston Fire Department, and a subsequent act respecting the same, see 1829, c. 44, and 1838, c. 131. See also Buildings, Furnaces for Glass, Gunpowder, and Steam Engines and Furnaces. 132 FIRE. ORDINANCE OF THE CITY.1 FIRE DEPARTMENT. Fire department SECT. 1. The fire department shall consist of a chief shall consist of engineers, en- engineer, of nine other engineers, and of as many enginegine-men, hydrant-men and men, hydrant-men, and hook and ladder men, to be divided hook and ladder h men. into companies, as the number of engines and the number June 4, 1850. and quantity of other fire apparatus belonging to the city shall from time to time require. Chief, and other SECT. 2. There shall be chosen, annually, in the months engineers to be chosen annually. of January or February, a chief engineer and nine other Ibid. engineers, who shall hold their offices one year and until others are chosen in their places; provided, however, that no assistant engineer shall hold over in case five of the new board are elected; and in all cases of holding over, preference shall be given to seniority of age. May be removed SECT. 3. The city council may, by a concurrent vote, by city council. Ibid. at any time, remove from office the chief engineer, or any Mayor and al- of the other engineers; and the mayor and aldermen may dermen may discharge officersor at any time discharge any or all of the officers or members members of companies. of either of said companies. Certificates to be SECT. 4. Each engineer shall, upon his appointment, received by enineers. receive a written or printed certificate or warrant in the fbid. words following, viz: " This certifies that A. B. is appointed an engineer (or chief engineer) of the fire department of the city of Boston, and is entitled to all the immunities belonging to said office. Given under my hand this day of A. D. 18 Mayor. City Clerk." And the respective rank of the engineers shall be determined by the mayor and aldermen. Organization of SECT. 5. The engineers so chosen, shall meet and oreers.f ganize themselves into a board of engineers, a majority of Ibid. whom shall form a quorum, and of which, in the absence of 1 An ordinance establishing, a fire department, and providing for preventing and extinguishing fires, passed June 4, 1850. FIRE. 133 the chief engineer, the senior engineer present shall be presiding officer; and they may appoint such secretary Secretary. or other officers, and make such rules and regulations Rules and regufor their own government, as they may see fit, and such secretary shall receive such compensation as the city council may deem expedient. They shall have the super- Powers of the intendence and control of all the engine and other houses used for the purposes of the fire department, and of all furniture and apparatus thereto belonging, and of the engines and all other fire apparatus belonging to the city, and over the officers and members of the several companies attached to the fire department, and over all persons present at fires, and they may make such rules and regulations for the better government, discipline and good order of the department, and for the extinguishment of fires, as they may from time to time think expedient, the same not being repugnant to the laws of this commonwealth, or to any ordinance.of the city, and being subject to the approbation of the mayor and aldermen. The assistant engineers shall report Absences to be reported. their absences from fires to the chief engineer, with the reasons therefor, who shall keep a record of the same, and make a report thereof, stating all the facts, to the city council, every year prior to the election of engineers. In the absence of the chief engineer, the clerk shall make said record and report. SECT. 6. It shall be the duty of said engineers, when- Duty of engineers at fires. ever a fire shall break out in the city, immediately to re- Ibid. pair to the place of such fire, and to carry with them a suitable staff or badge of their office; to take proper measures that the several engines and other apparatus be arranged in the most advantageous situations, and duly worked for the effectual extinguishment of the fire; to require and compel assistance from all persons, as well members of the fire department as others, in extinguishing the fire, removing furniture, goods, or other merchandize from any building on fire, or in danger thereof, and to appoint guards to secure the same; and also in pulling down or demolishing any house or building if occasion require, and further to suppress all tumults and disorders. It shall also 134 FIRE. be their duty to cause order to be preserved in going to, working at, or returning from fires, and at all other times when companies attached to the department are on duty. Case of fire in SECT. 7. Whenever any fire occurs in either of the adadjoining towns... Ibid. joining towns, it shall be the duty of only such and so many of said engineers to repair to such towns, as shall have been previously designated for such purpose by the board of engineers. Powers of the SECT. 8. The chief engineer shall have the sole comchief engineer. Ibid. mand at fires over all the other engineers, all members of the fire department, and all other persons who may be present at fires, and shall direct all proper measures for the extinguishment of fires, protection of property, preservation of order, and observance of the laws, ordinances and regulations respecting fire; and it shall be the duty of said chief engineer to examine into the condition of the engines and all other fire apparatus, and of the engine and other houses belonging to the city and used for the pur-. poses of the fire department, and of the companies attached to the said department, as often as circumstances may render it expedient, or whenever directed so to do by the mayor and aldermen, or by the committee of the board of aldermen on the fire department, and annually to report the same to the mayor and aldermen, and oftener if thereunto requested; also, to cause a full description of the same, together with the names of the officers and members of the fire department, to be published annually in such manner as the mayor and aldermen shall direct; and whenever the engines or other fire apparatus, engine or other houses used by the fire department, require alterations, additions, or repairs, the chief engineer, under the direction of the board of aldermen or of the committee on the fire department shall cause the same to be made; and it shall be moreover the duty of the chief engineer to receive and transmit to the board of aldermen all returns of officers, members and fire apparatus, made by the respective companies as hereinafter prescribed, and all other communications relating to the affairs of the fire department; to keep fair and exact rolls of the respective companies, FIRE. 135 specifying the time of admission and discharge, and the age of each member; to report in writing to the city clerk, who shall keep a record of the same, once in each year, or oftener if directed so to do by the mayor and aldermen, all accidents by fire which may happen within the city, with the causes thereof as well as can be ascertained, and the number and description of the buildings destroyed or injured, together with the names of the owners or occupants. SECT. 9. In case of the absence of the chief engineer, In his absence, the next in rank the engineer next in rank who may be present, shall exe- shall execute his cute the duties of his office, with full powers. Ibid. SECT. 10. As many engine, hydrant, and hook and Engine,hydrant, and hook and ladder companies shall from time to time be formed by the ladder companies. mayor and aldermen, as they shall deem expedient, and Ibld. each of said companies shall consist of as many men as said mayor and aldermen may appoint. SECT. 11. No person under twenty-one years of age Memberstobeof full age, citizens'shall be employed as a member of the fire department; nor and voters. Ibid. shall any person be so employed who is not a citizen of the United States, and a legal voter in the city of Boston. SECT. 12. The terms of service for the members of the Term of service. Ibid. fire department shall commence on the first day of the month, and shall continue for periods of six months each. And no member shall be entitled to pay unless he serves Condition of heing entitled to the whole of said period of six months, and in the same pay. company in which he enters, except in cases of sickness, death, or removal from the city. SECT. 13. Each of the companies formed and appointed Foreman, assistant foreman and by the mayor and aldermen, shall have a foreman, an clerk. assistant foreman and a clerk, and these officers shall be Ibid. chosen by the written votes of their respective companies, at a meeting specially held for that purpose, of which meet- Meeting for ing and purpose the members shall be notified by the clerk, ~hoicorofcers. at least three days previous thereto; and if there be no clerk, the commanding officer of said company for the time being, if there be one, may issue his order in writing to any member of the company to perform that duty until one shall be elected; and if the person so notified shall wilfully refuse or neglect so to do, he shall forfeit and pay a sum 136 FIRE. not exceeding twenty dollars, and shall, in addition thereto, be dismissed from the department; and if there be no commanding officer, the acting chief engineer shall issue the order as aforesaid, and shall likewise designate and detail some one of the board of engineers to preside at said meeting. Officers chosen SECT. 14. Whenever it shall appear, that any person shall be notified of their election, has a majority of the written votes of the electors, at a Ibid. meeting notified as mentioned in the preceding section, and at which there shall be a majority of the whole company present, the presiding officer shall forthwith inform him of the fact, and shall make return of every election, or refusal to elect, to the chief engineer; and said return shall be transmitted by said chief engineer to the mayor and aldermen. Certificate ofap, SECT. 15. If the persons so receiving the votes of the pointment, in case of approval company shall be approved by the mayor and aldermen for by mayor and aldermen. the respective offices to which they shall have been elected, Ibid. they shall receive a certificate of appointment signed by the mayor, and shall thereby be invested with all the authority and subject to all the duty required by the laws, the city ordinances, and the rules and regulations of the fire department; and in case the persons are not approved by the mayor and aldermen, the mayor shall issue his order Otherwise anew to the chief engineer to have a new election held in the election. manner heretofore expressed; and if the members of the Neglect or re- company shall then neglect or refuse to elect some person ftisal to elect. or persons to fill the vacant offices whom the mayor and aldermen shall approve, the mayor and aldermen shall appoint some suitable person or persons to the same. If the members of any company shall neglect or refuse to elect any officer, they may be disbanded by the mayor and aldermen. Officers receiv- SECT. 16. Whenever any person shall have received ing certificates, shall serve until his certificate of appointment to any office as aforesaid, he discharged, &c. Ibid. shall perform all the duties thereof until discharged therefrom, either by death or resignation, or by order of the mayor and aldermen, in which case the mayor shall direct FIRE. 1337 the chief engineer to cause a meeting to be held, as heretofore provided, to fill the vacancy. SECT. 17. It shall be the duty of the foremen to see Duties of forethat the several engines and apparatus committed to their Ibid. care, and the several buildings in which the same are deposited, and all things in or belonging to the same, are kept neat, clean, and in order for immediate use; it shall also be their duty to preserve order and discipline at all times in their respective companies, and require and enforce a strict compliance with the city ordinances, the rules and regulations of the department, and the orders of the engineers. They shall also keep or cause to be kept by the clerk of their respective companies, fair and exact rolls, specifying the time of admission, discharge and age of each member, and accounts of all city property intrusted to the care of the several members, in a book provided for that purpose by the city, which rolls or record books are always to be subject to the order of the board of engineers and the mayor and aldermen. They shall also make or cause to be made to the chief engineer, true and accurate returns of all the members, with their ages, and the apparatus entrusted to their care, whenever called upon so to do. SECT. 18. It shall be the duty of the officers and mem- Duty of officers and members of bers of the several engine, hydrant, and hook and ladder companies, in case of fire. companies, whenever a fire shall break out in the city, to Ibid. repair forthwith to their respective engines, hose, hook and ladder carriages, and other apparatus, and to convey them in as orderly a manner as may be, to or near the place where the fire may be, in conformity with the directions of the chief or other engineers; to exert themselves in the most orderly manner possible, in working and managing the said engines, hose, hooks and ladders, and other apparatus; and in performing any duty that they may be called upon to do, by any engineer; and upon permission of the chief or other engineer, shall in an orderly and quiet manner return said engines, hose, hook and ladder carriages, and other apparatus, to their respective places of deposit. Provided, that in the absence of all the engineers such 18 138 FIRE. direction and permission may be given by their respective foremen. Suction hose SECT. 19. The board of engineers shall appoint two or men and leading hose men. more suction hose men, and three or more leading hose men, Ibid. for each engine company, on the nomination of the company, and the men thus appointed shall hold their station for six months, unless sooner removed by the mayor and aldermen, and until others are appointed in their place. Steward. SECT. 20. The said engineers shall also appoint a Ibid. steward to each company, who shall hold his office in like manner for not less than six months. It shall be his duty to keep clean the house, the engine, hose, or other apparatus which may belong to the company, to clear the snow from the side-walk connected with the house in winter, and generally to see that the engine and apparatus are ready for immediate use. Caps, badges, SECT. 21. The engineers and members of the several and insignia. Ibid. companies regularly appointed, shall wear such caps, badges, or insignia, as the mayor and aldermen shall from time to time direct, to be furnished at the expense of the city, and no other person or persons shall be permitted to wear the same, except under such restrictions and regulations as the mayor and aldermen may direct. Members guilty SECT. 22. If any member of either of the several comof neglect or refusal of duty, panies shall wilfully neglect or refuse to perform his duty, or &c., shell be dismissed. shall be guilty of disorderly conduct, or disobedience to the Ibid. officers or to any engineer, he shall for such offence be dismissed from the department, and shall in addition, be liable Additional pen- to a penalty of not less than five nor more than twenty dollars for each offence. Engineers shall SECT. 23. It shall be the duty of the chief engineer, or report such neglect or refusal. other engineers, to report to the mayor and aldermen, the Ibid. name of every person not a member of either of said companies, who shall, contrary to law, refuse or neglect to obey any orders of any engineer, given at any fire. Duty of consta- SECT. 24. It shall be the duty of such of the constables bles and police officers, in case or police officers of the city, as may be selected by the of fire. Ibid. engineers for that service, to repair with their staves or such other badges of office as the mayor and aldermen shall FIRE. 139 direct5 on the alarm of fire, immediately to the place where the fire may be, and there to use their best skill and power under the direction of the chief engineer or city marshal, for the preservation of the public peace, the prevention of theft, and destruction of property, and the removal of all suspected persons; for which service the constables or police officers shall receive such compensation as shall be in each case ordered by the mayor and aldermen. SECT. 25. Immediately on the alarm of fire, during the Duty of watchmen, in case of night, it shall be the duty of the respective watchmen to fire. give notice thereof within their respective districts, by springing their rattles, crying " fire," or ringing a bell, and mentioning the street or direction where it may be; and if any watchman shall neglect so to do, he shall forfeit and pay two dollars; and if it shall happen that a chimney only shall be on fire, either by night or day, the bell shall not be rung, but only when a building is proclaimed to be on fire. SECT. 26. Whenever it shall be adjudged, at any fire, Por of epllnginby any three or more of the engineers, of whom the chief down buildings when necessary. engineer, if present, shall be one, to be necessary, in order Ibid. to prevent the further spreading of the fire, to pull down or otherwise demolish any building, the same may be done by their joint order. SECT. 27. It shall be the duty of the chief and other Duty of chief and engineers to inquire for and examine into all shops and to examine places where other places, where shavings or other such combustible shavings, &c., are deposited, materials may be collected and deposited, and at all times and to order their removal. to be vigilant in taking care of the removal of the same, Ibid. whenever in the opinion of any two of them the same may be dangerous to the security of the city from fires, and to direct the tenant or occupant of said shops or other places to remove the same; and, in case of such tenant's or occu- Penalty for neglect or refusal to pant's neglect or refusal so to do, to cause the same to be remove the removed at the expense of such tenant or occupant; who shall in addition be liable to a penalty not exceeding twenty Engineers to dollars for such neglect or refusal; and any person who prosecute, &C shall obstruct the said engineers or any of them in carrying out the provisions of this section, shall also be liable to a penalty not exceeding twenty dollars. It shall also be 140 FIRE. the duty of said engineers to take cognizance of and to cause prosecution to be instituted in all cases of infraction of the laws relative to the erection of wooden buildings, or of any other laws or ordinances for the prevention of fire within the limits of the city. Duties of engin- SECT. 28. The power of making and establishing rules eers respecting gunpowder. and regulations for the transportation and keeping of gunIbid. powder within the city of Boston, and of granting licenses for the keeping and sale thereof in the city, according to the provisions of an act entitled " an act further regulating the storage, safe keeping, and transportation of gunpowder in the city of Boston," and of any other act or acts on the same subject, shall be exercised and performed by the chief and other engineers, and the power and duty of seizing any gunpowder kept or being within the city or the harbor thereof contrary to the provisions of the said act or acts, shall be exercised and performed by the said engineers or any of them; and in case of any seizure beinn made by any engineer other than the chief, he shall forthwith report to the chief engineer, who shall cause said gunpowder to be libelled and prosecuted in the manner prescribed in the said acts, and all the other powers and duties granted or enjoined in and by the said act or acts, shall be performed by the said chief or one of the other engineers. Moneys received SECT. 29. All moneys received for fines, forfeitures for fines, &c., to be paid into city and penalties, arising under this ordinance and the laws of t&eCaur, unless, this commonwealth, regulating the storage and transportaIbid. tion of gunpowder, the erection of buildings within the city of Boston, and the prevention and extinguishment of fire, unless by such laws otherwise specially provided, shall be paid into the treasury of the city, to be applied in such way as is provided in the acts of this commonwealth. Certificate of SECT. 30. Every member of the fire department of the seven years' ser- y vice, and badge. city Of Boston, who shall have served according to law for Ibid. seven successive years, shall be entitled to receive a certificate thereof, signed by the mayor of said city, and all persons who shall receive said certificate as aforesaid, shall be entitled to wear the badge of the department, and to do FIRE. 141 duty therein, under such organization and management as the mayor and aldermen may determine. SECT. 31. There shall be paid annually to each mem- Compensation. ber of the department such sum as the city council may from time to time determine, and in case of the sickness or absence from the city of any member, for forty-eight hours Substitute to be provided in case or more, he shall provide a substitute, whose name he shall of sickness or absence. return to the clerk of his company. SECT. 32. The members of the several companies shall Members shall not assemble in the houses intrusted to their care, except engne, hoasusesmble in for the purpose of taking the engine or apparatus, on an ILtid. alarm of fire, and of returning the same to the house, and taking the necessary care of said apparatus after its return; and except for the business meetings of the companies. GENERAL PROVISIONS.1 SECT. 33. No person shall fire or discharge any gun, Penalty for firing any gun, &c. fowling piece, or fire arms, within the limits of the city of within the city. Boston, under a penalty for every such offence of not less July than one dollar, nor more than twenty dollars; provided, Proviso. however, that this section shall not apply to the use of such weapons at any military exercise or review, or in the lawful defence of the person, family, or property of any citizen. SECT. 34. If any person shall have in his possession, Penalty for havwith intent to sell, or shall offer for sale, or shall sell, or rockets, c. without license. give away any of the fire works called rockets, crackers, Ibid. See R. S. 58 scquibs, or serpents, without the license of the mayor and 5, 6. S 58, aldermen, he shall for every such offence forfeit a sum not exceeding ten dollars. SECT 35. If any person shall have in his possession, Penalty for havwith intent to set fire to, or shall set fire to, any rocket, inre to rocettgs, cracker, squib, or serpent, or shall throw any lighted rocket, &b. cracker, squib, or serpent within the city, without the license of the mayor and aldermen, he shall, for every offence, forfeit a sum not exceeding ten dollars. 1 An ordinance in relation to fire-arms, fire-works, bonfires and brick kilns, passed July 22, 1850. 142 FUEL. Penalty for SECT. 36. If any person shall make any bonfire, or making any bonfires, &c. other fire in any of the streets, squares, commons, lanes, or Ibid. July 22, 1850. alleys, or on any wharf within the city, without the license of the mayor and aldermen, he shall be punished by a fine not exceeding twenty dollars. Penalty for SECT. 37. No person shall erect, make, or fire, or cause erecting, making or firing any to be erected, made, or fired within any part of the city, brick-kiln, &c. Ibid. any brick-kiln or lime-kiln, without the license of the mayor and aldermen, under a penalty of not less than one dollar, nor more than twenty dollars, and a like sum for every week he shall continue such kiln, after notice to remove the same. FUEL. ORDINANCE. 2. Fuel shall be weighed or meas1. Committee of city council shall ured. Superintendent of pubmake contracts for fuel. Shall lie buildings shall attend to advertise for sealed proposals. delivery, &c. Committee of SECT. 1. All contracts for wood, bark, coal and other city council shall fuel, for the use of the city, in each and every of its remake contracts forMay 8, 1e843. spective branches and departments, as well for the use of Feb. 9, 1846. 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 Shall advertise council, whose duty it shall be to advertise in the public fposalsedpro- 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 dis1 An ordinance regulating the purchase of fuel for the use of the city, passed May 8, 1843. FURNACES FOR GLASS. 143 tinctly; and such proposals being considered, shall be accepted, 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. SECT. 2. All fuel of every description which shall be Fuel shall be weighed or contracted for, shall, previously to the delivery thereof, be measured. May 8, 1843. weighed or measured by a weigher or measurer appointed for that purpose by the city; and it shall be the duty of Superintendent of public buildthe superintendent of public buildings to attend to the de- ings shall attend livery and reception of the same, and to give certificates to delivery, therefor, as the same is delivered, to the end that the proper quantity and quality may be ascertained to have been received 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. FURNACES FOR GLASS. STATUTE. 3. Not to be in force until adopted 1. Furnaces for making glass must by city council, &c. be licensed. 4. Shall take effect from and after 2. Unlicensed furnace shall be its passage. deemed a common nuisance. 1. ]No furnace for the, making of glass shall be hereaf- Furnaces for making glass ter erected or put up for use in any city or town in this,must be licommonwealth, unless a license therefor shall be first 1846, 96, ~ 1. 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 144 GUNPOWDER. and forty-five, and such license shall be applied for, granted and recorded in the manner provided in said act. 1 Unlicensed fur- 2. Any such furnace hereafter erected, without such nace shall be deemed a corn- license, shall be deemed and taken to be a common nuisance, mon nuisance. s Ibid, I 2. without any other proof than proof of its use, and may be abated and removed in the manner provided in said act. Not to be in force 3. This act shall not be in force in any town or city, until adopted by city council, &c. unless the same shall be adopted in the manner provided in Ibid, S 3. tenth section of the act aforesaid.2 Ibid, I 4. 4. This act shall be in force from and after its passage.3 GUNPOWDER. STATUTES. 7. No gunpowder to be sold with1. Taking loaded arms into houses in the city without license from prohibited, under penalty of engineers. Form of license to ten pounds. contain rules and regulations. 2. Loaded arms in houses may be Time in which it shall continue seized by engineers. To be sold in force. Engineers may reat public auction if adjudged scind same. Fees for license. to be forfeited upon their com- 8. Engineers may establish rules plaint. and regulations. 3. Appeals in such prosecutions. 9. Gunpowder in Boston contrary 4. Powder, how much may be to the provisions of law, may kept by any United States or be seized and libelled. Service state officer, and where. of copy and summons. Costs. 5. Powder kept contrary to above Adjudication. Service may be provision, may be seized by en- made in any county. gineers and sold. 10. Penalty for hindering engin6. Gunpowder exceeding one eers, or attempting to rescue pound, not to be kept within powder. Duty of all citizens to two hundred yards of any assist the engineers. wharf, or on the main land. 11..Engineers may enter and exForfeiture. amine stores, &c., of those li1 See Steam Engines and Furnaces, ~ 1. 2 This act was adopted by the City Council of Boston, January 25, 1847. 8 For Furnaces for the melting of iron, see Steam Engines and Furnaces. GUNPOWDER, 145 censed, to ascertain if their 15. Penalty for keeping or selling rules, &c., are observed. Power gunpowder, contrary to law. in case of fire. Search war- 16. How fines shall be approprirant. ated. Proviso. 12. Persons injured by gunpowder 17. When gunpowder, less than kept contrary to law, may have ten quarter casks, is seized, a an action for damages. libel or complaint may be filed 13. Engineers to publish their rules in the police court. and regulations in newspapers. 15. Fines may be sued for by chief 14. How fines, &c., may be recover- engineer, or one or more ened. Not necessary to set forth gineers, &c. more of the act than is necessary to describe the offence. 1. If any person shall take into any dwelling-house, Taking loaded arms into houses stable, barn, out-house, ware-house, store, shop or other prohibited, under penalty of building within the city of Boston, any cannon, swivel, mor- ten pounds. tar, howitzer, cohorn, or fire arm, loaded with or having 17821, 46, 1. gunpowder in the same, or shall receive into any dwelling 1850, 262, 3. house, stable, barn, out-house, store, ware-house, shop, or other building within said city, any bomb, grenade, or other iron shell, charged with, or having gunpowder in the same, such person shall forfeit and pay the sum of ten pounds, to be recovered at the suit of the engineers, in an action of debt before any court proper to try the same; one moiety thereof, to the use of said engineers, and the other moiety to the support of the poor of said city. 2. All cannons, swivels, mortars, howitzers, cohorns, Loaded arms in' > 1 1 1* w 1. 1. houses may be fire-arms, bombs, grenades, and iron shells of any kind, seized by engin that shall be found in any dwelling-house, out-house, stable, 1782 46,, 2. 1821, 110, ~ 1. barn, store, ware-house, shop or other building, charged185o, 262, 3. with or having in them any gunpowder, shall be liable to be seized by either of the engineers of said city; and upon public auction it' adjudged forcomplaint made by the said engineers to the court of com- feit upon their complaint. mon pleas, of such cannon, swivels, mortars, or howitzers, ee aR.* 86, S 48 being so found, the court shall proceed to try the merits of such complaint by a jury; and if the jury shall find such complaint supported, such cannon, swivel, mortar or howitzer, shall be adjudged forfeit, and sold at public auction, and one half of the proceeds thereof shall be disposed of to the engineers, and the other half to the use of the poor of the city of Boston. And when any fire arms, or any bomb, grenade, 19 146 GUNPOwDER. or other shell, shall be found in any house, out-house, barn, stable, store, ware-house, shop or other building, so charged, or having gunpowder in the same, the same shall be liable to be seized in manner aforesaid; and on complaint thereof, made and supported before a justice of the peace, shall be sold and disposed of, as is above provided for cannon. Appeals. 3. Appeals were provided for in prosecutions under the But see 1839, two preceding sections, as was usual in other cases. ch. 161. Powder, how 4. No commissary, or any other officer or officers, or much may be kept by any any person or persons, in the service of the United States, United States or state officer, and or acting in the department of commissary or quarter maswhere. 181t, 143, i. ter general of this commonwealth, shall be permitted to 82, have, keep, or possess within the city of Boston, a greater quantity of gunpowder than four hundred pounds; and the powder so had and possessed within the said city shall be kept in a place approved of by the engineers of the said city, either under ground in a vault, or in a stone or brick building secured against explosion by fire. Powder kept 5. Any gunpowder which shall be found in the possescontrary to above provision, sion of, or which may be had or kept within the city of Bosmay be seized by engineers and ton, by any officer or officers, or any person or persons sold. 1813, 143, 2. whatsoever, acting in behalf or under the authority of 1821, 110, 1. 1850,262, 3. 1 the United States, or by any agent or servant of such officers or persons; and all gunpowder possessed, had or kept, by any officer of the commissary or quarter master general's departments of the state of Massachusetts, or persons acting under the authority of these departments, contrary to the provisions of the preceding section, may be seized by any two or more of the engineers of the city of Boston, and the same may be libelled and condemned and sold, and the proceeds thereof distributed, as is by law provided for the forfeiture of gunpowder in other cases within said city. Gunpowder ex- 6. No person, except on military duty in the public pound, not to be service of the United States, or of this commonwealth, shall kept within two hundred yards keep, have or possess, in any building, or in any place, or of any wharf, or on the main in any carriage, or on any wharf, or on board of any ship, land. 1833, 151, ~ 1. or other vessel, within two hundred yards of any wharf, or of the main land, in the city of Boston, gunpowder in any quantity exceeding one pound, in any way or manner, other r~VI-~r~lJ VIIVIVVIY0 GUNPOWDER. 147 than by this and the eight following sections, and by the rules and regulations hereinafter mentioned, may be permitted and allowed. And all gunpowder, had, kept or pos- Forfeiture. sessed, contrary to the provisions of said sections, and of such rules and regulations, shall be forfeited, and liable to be seized and proceeded against in the manner hereinafter provided. 7. It shall not be lawful for any person or persons to No gunpowder sell any gunpowder, which may, at the time, be within the te ity, without city of Boston, in any quantity, without first having ob- gine from s ntained from the engineers of said city, a license, signed by Ibid, ~ 2. the chief engineer, or by the secretary of the board of en- Form of license gineers, on which shall be written, or printed, a copy of to omntain rules the rules and regulations by them established, relative to keeping, selling and transporting gunpowder within said city, and every such license shall be in force for one year Time in which it shall continue in from the date thereof, unless annulled by the board of en- force. gineers, and no longer; but such license may, prior to the expiration of that term, be renewed by the chief engineer or the said secretary, from year to year, by endorsement thereon: provided always, that the board of engineers Engineersmay rescind same. may rescind any such license, if in their opinion the person or persons have disobeyed the law, or infringed any rules and regulations established by said board of engineers. And every person who shall receive a license to sell gunpowder as aforesaid, shall pay for the same the sum of five Fees for license dollars, and for the renewal thereof, the sum of one dollar, which sums shall be paid to the board of engineers, for their use, for the purpose of defraying the expenses of carrying these enactments into execution. 8. The board of engineers of the city of Boston may Engineers may establish rules establish rules and regulations, from time to time, relative and regulations. to the times and places at which gunpowder may be'l'hacers Crim. brought to or carried from said city by land or water, the Cases, 14. times when and the manner in which the same may be transported through said city, to direct and regulate the kind of carriages and boats, in which the same may be so brought to, carried from and through said city, and to direct the manner in which gunpowder may be kept by 148 GUNPOWDER. licensed dealers, and other persons, and to direct and require all such precautions as may appear to them needful and salutary to guard against danger in the keeping and transportation of gunpowder. Gunpowder in 9. All gunpowder, which shall be kept, had or posBoston contrary to the provisions sessed within the city of Boston, or brought into or transof law may be seized and li- ported through the same, contrary to the provisions of said 18:3, 151, 5 5. sections,1 and to the rules and regulations made as aforesaid, 1 Metc.'225, 232. Thacher's Crim. may be seized and taken into custody by any one or more Cases, 14, 596. of the engineers of said city, and the same shall, within twenty days next after the seizure thereof, be libelled, by filing in the office of the clerk of the municipal court of the city of Boston, a libel, stating the time, place and cause of such seizure, a copy of which libel, or the substance thereof, Service of copy together with a summons or notice, which such clerk is and summons. hereby authorized to issue, shall be served on the person or persons, in whose custody or possession such gunpowder shall have been seized, if such person be an inhabitant of this commonwealth, by delivering a copy thereof to such person or persons, or leaving such a copy at his, her, or their usual place of abode, fourteen days at least before the sitting of the court at which the same is to be heard, that such person or persons may appear and shew cause why the gunpowder so seized and taken should not be adjudged forfeit. And if the gunpowder so seized shall be adjudged forfeit, the person or persons, in whose custody or possession the same was seized, or the occupant or tenant of the Costs. place wherein the same was so seized, shall pay all costs of prosecution, and execution shall be issued therefor: proAdjudication. vided, that it appear to the court that such person or persons had notice of such prosecution by service as aforesaid; and in case the person or persons in whose custody or possession such gunpowder may be seized, shall be unknown to the engineer or engineers making such seizure, or in case such gunpowder, at the time of seizure, may not be in the custody or possession of any person, or if it shall appear by 1 That is. sections 6, 7, 8, 9, 10, 11, 12, 13 and 14, in the text. GUNPOWDER. 149 the return of the officer that such person cannot be found, or has no place of abode in this commonwealth, then said court shall and may proceed to adjudication thereon. And Service may be made in any such libel or summons, and also such writ of execution for county. costs, shall and may be served and executed in any county in this commonwealth, and by any officer competent to execute civil process in like cases. 10. Any person or persons, who shall rescue, or at-Penalty for hindering engineers tempt to rescue, any gunpowder seized as aforesaid, or or attempting to rescue powder. shall aid or assist therein, or who shall counsel and advise, Ibid, t 6. or procure the same to be done, or who shall molest, hinder or obstruct any engineer in such seizure, or in conveying gunpowder so seized to a place of safety, shall forfeit and pay a fine for each offence of not less than one hundred dollars, and not exceeding five hundred dollars, to be sued for and recovered by action of the case, by any person or persons who shall sue for the same, in any court proper to try the same; and it is hereby made the duty of all per- Duty of all citizens to assist the sons to. aid and assist such engineer or engineers in execut- engineers. ing the duties hereby required. 11. The said engineers, or any of them, may enter the Engineers may store or place of any person or persons licensed to sell gun- ien te,atd e&aC. powder, to examine and ascertain if the laws, rules and reg- of those licensulations relating thereto are strictly observed; and on an iaftheir rules,&c., alarm of fire, may cause the powder there deposited to be Power in case of removed, or destroyed, as the case may require; and it lbid, ~ 7. shall be lawful for any one or more of the engineers of said city to enter any dwelling house or other place in the city of Boston, to search for gunpowder, first having obtained from a justice of the police court in said city a search war- Search warrant. rant therefor, which warrant the justices of said court are hereby authorized to issue, upon the complaint of such engineer or engineers, supported by his or their oath. 12. Any person who shall suffer injury by the explosion Persons injured by gunpowder of any gunpowder, had, kept, or transported within the city kept contrary to law, may have of Boston, contrary to the provisions of said sections,1 and an action for damages. of the rules and regulations established as aforesaid, may Ibid, 8. 1 That is, sections 6, 7, 8, 9,10, 11, 12, 13, and 14, in the text. 150 GUNPOWDER. have an action of the case in any court proper to try the same, against the owner or owners of such gunpowder, or against any other person or persons who may have had the possession or custody of such gunpowder, at the time of the explosion thereof, to recover reasonable damages for the injury thus sustained. Engineers to 13. It shall be the duty of the engineers of the city of publish their rules and regula- Boston, to cause all such rules and regulations as they may tions in newspapers. make and establish, by virtue of the authority given as aforesaid, to be published in two or more newspapers printed in the city of Boston, and to cause such publication to be continued three weeks successively, for the information and government of all persons concerned. How fines, &c., 14. All fines, penalties and forfeitures, which may arise may be recovered. and accrue under the eight preceding sections, shall and Ibid, S 10. may be prosecuted for and recovered, either in the manner therein specially provided, or by indictment, complaint, or information in any court proper to try the same. And said act shall be taken and deemed to be a public act, of which all courts, magistrates and citizens are bound to take notice as such; and in any libel, action, indictment, informaNot necessary to tion, or complaint upon said act, it shall not be necessary to set forth more of the act than is set forth any more of the same than so much thereof as renecessary to describe the of- lates to, and may be necessary truly and substantially to fence. describe the offence alleged to have been committed. Penalty forkeep- 15. Any person who shall keep, have or possess any gu npowde r within the city of Boston, contrary to the protrary to law. visions of the nine preceding sections, or to the rules and IbMdet. 2325 regulations of the board of engineers therein mentioned, or Thacher's Crim. who shall sell any gunpowder in said city without having a Cases, 14. Ibid, 596. license therefor, or contrary to such license, or the rules 1 The statute of 1833, c. 151, referred to in ~ 14, in the text, contained, in ~ 12, a general repeal of acts and parts of acts inconsistent therewith, which apparently repeals stat. 1792, c. 7; 1801, c. 20; 1803, c. 120; 1807, c. 137; 1816, c. 26; and 1820, c. 47. It also provided, that all rules and regulations, made and established by the engineers, under and by virtue of the provisions of former acts, should continue to have the same force and effect, until altered or annulled by the said engineers, as if this act had not been passed. GUNPOWDER. 151 and regulations aforesaid, shall forfeit a sum not less than one hundred dollars, and not exceeding five hundred dollars, for each offence; and if any gunpowder, kept contrary to the said provisions, or to such license, or to the rules and regulations aforesaid, shall explode in any building, or on board of any ship or other vessel, or in any place in said city, the occupant, tenant or owner of which has not then a license to keep and sell gunpowder therein, such occupant, tenant or owner shall forfeit a sum not less than one hundred dollars, and not exceeding one thousand dollars for each offence. 16. The several fines, penalties and forfeitures, men- Howfines shall be appropriated. tioned in the ten preceding sections, shall enure to the sole 1837, 99, 1 1. use of the board of engineers of the fire department of said P 2. city of Boston: provided, however, that whenever, on the Proviso. trial of any prosecution under the said sections, any one or more of the said engineers shall be sworn and examined as a witness on behalf of the prosecution, a record thereof shall be made in court, and in such case, the fine, penalty, or forfeiture shall enure to the use of the poor of the city of Boston, to be paid over to the overseers of the poor thereof. I 17. Whenever any quantity less than ten quarter-casks When gunpowder less than of gunpowder shall be seized and taken into custody by ten quarter - X.-* >. >, j ^ casks is seized, any one or more oI the engineers of the fire department of ma libel or comthe city of Boston, a libel or complaint may be filed in the filea in the police court. clerk's office of the police court of said city of Boston, and 1841, 58, t 1. the said police court of said city shall have jurisdiction thereof; and the like proceedings thereon (excepting a trial by jury,) shall be had in said court as are provided for by the fifth section of the act passed on the twenty-fifth day of March, in the year one thousand eight hundred and thirty-three,2 in the like cases of seizures and proceedings before the municipal court; —saving always to any party aggrieved by any final judgment of said police court, the right of appeal and trial by jury in said municipal court. 1 The 3d section of stat. 1837, c. 99, repealed the 4th and 11th sections of stat. 1833, c. 151. 2 That is, the ninth section above. 152 HARBOR. Fines may be 18. All fines, penalties and forfeitures imposed by the sued for by chief engineer, or one twelve preceding sections, may be sued for and recovered or more engineers, &c. by the chief engineer, or any one or more of the engineers of the fire department of the said city of Boston, or by any person thereto authorized by a vote of the board of engineers of the said fire department. I HARBOR. STATUTES. 8. Penalty for building a fire on 1. Concurrent jurisdiction of cer- Spectacle Island. tain places ceded to the United 9. Line in the harbor from Free States. Light House on Light Bridge to Warren Bridge estabHouse Island. Beacon. Castle lished. Island and Governor's Island. 10. Description of the line. Half Way Rock. Long Island 11. Wharves, &c., not to be exHead. Nix's Mate. George's tended beyond the line. Island and Lovell's Island. 12. No wharf, &c., to be extended Minot's Rock or Ledge. Part towards the line without leave. of Great Brewster. 13. No wharf, &c., to be erected or 2. Rainsford Island conveyed in extended in the harbor. trust for a hospital. 14. Penalty. Erection may be 3. Hospital on Rainsford Island to abated as a nuisance. be under the care of the mayor 15. Additional lines established. and aldermen of Boston. 16. Lines between South Boston 4. Mayor and aldermen to render Free Bridge and the old South an account annually. Boston Bridge. 5. The governor authorised to re- 17. Lines between Warren Bridge lease to the city of Boston the (Boston side) and Mill Dam. commonwealth's title to Rains- 18. Lines on the Charlestown side ford Island. of the harbor. 6. No earth or stones to be taken 19. Lines on the East Boston side from Bird Island without li- of the harbor. cense. Penalty. 20. No wharf, &c., to be extended 7. Penalty for carrying away beyond the line, nor further toearth, gravel, &c., from islands wards the line, without, &c. in the harbor. 1 For general provisions respecting gunpowder, see R. S. c. 28, ~ 92-94, c. 58, ~~ 7, 8, 9. For powers of the board of engineers to make rules and regulations for gunpowder, see Fire, ante, page 140. HARBOR. 153 21. Penalty. Erection may be 36. Act not to take effect, unless a abated as a nuisance. sea wall is built. 22. Alteration of line betweenWest 37. No vessel to anchor except Boston Bridge and the Boston within certain limits. Penalty. and Roxbury Mill Dam. 38. Trim of vessels at wharves. 23. Additional lines established. Penalty. 24. First line. Second line. Third 39. Penalty for throwing stones, line. &c., into the harbor. 25. Fourth line. Fifth line. Sixth 40. Regulation of warps and lines. line. Seventh line. Eighth Penalty. line. Ninth line. 41. City council may appoint a 26. Tenth line. Eleventh line. harbor master. Bond. He may Twelfth line. Being the lines appoint a deputy in case, &c. reported by commissioners. Compensation. 27. No wharf, &c., to be extended 42. His duties and authority. beyond said lines, or further 43. Recovery of penalties. towards them. 44. Harbor master's further author28. Penalties. Erections to be ity. Penalty for obstructing him abated as nuisances. in the performance of his du29. Lines in Chelsea creek estab- ties, or for neglect to obey his lished. orders. How to be recovered. 30. Line on East Boston side. 45. Master or owners of vessel Line on Chelsea side. liable to penalty for throwing 31. No wharf, &c., shall be extend- stones, &c., in harbor. ed beyond said line. 46. All yards of vessels to be 32. Penalty. Erection may be cockbilled, &c., while at wharf. abated as a nuisance. 47. Vessels in harbor to keep an 33. Line between West Boston anchor watch and light. PenBridge and Boston and Rox- alty. How to be recovered. bury Mill Dam further altered. 48. No ashes, &c., to be thrown 34. No wharf, &c., to be extended into the harbor. beyond said line. ORDINANCE. 35. Proprietors authorized to ex- 1. Joint standing committee on tend wharves, &c., to said line, the preservation of the harbor. provided, &c. Their duties. ISLANDS. 1. Concurrent jurisdiction has been ceded to the United Concurrent jurisdiction of cerStates, by the Commonwealth of Massachusetts, over the tain places ceded following places, viz: the light-house on Light-House Island tLight-house on in the harbor of Boston; the beacon on the spit of sand near Istland.ue the light-house; the islands called Castle Island and Gover- 170,4 2. nor's Island; the place called Half Way Rock, in Boston Ibdcon. Castle Island Bay, for a beacon; a tract of land for a light-house on iand Gtvernor's Long Island Head; the place called Nix's Mate, for a I79a':3. beacon; George's Island and Lovell's Island; Minot's s1846,16. R. S. 1, ~2. Half WVay Rock. Long Island Head. 1819, 69. R. S. 1, ~ 2. Nix's Mate. 1832, 41. 1834, 39. 1. S. 1, 52. George's Island. Lovell's Island. 1846, 16. Minot's Rock, or Ledge. 1847, 109. 20 154 HARBOR. Part of Great Rock, or Ledge, in Massachusetts Bay; and a portion of Brewster. 1849, 45. the island called Great Brewster, for the purpose of the erection and maintenance thereon of a sea wall, for the preservation of said island. Rainsford lsland 2. Rainsford Island was conveyed by deed, by John conveyed in trust, for a hos- Loring and others, December 7, 1736, to the treasurer and S,,ff;lk Records receiver general of the Province of Massachusetts Bay, of Deeds, Lib. 53, fol. 16-2.' in trust for the use of the Governor, Council and Assembly of his Majesty's Province of the Massachusetts Bay and their successors forever, to be used and improved for an hospital for the said province." Hospital on 3. By the Revised Statutes it is provided that the hosRain ford Island to bel nderthe pital establishment on Rainsford Island, the island itself, care of the mayor and aldermen of and all property thereon, belonging to or connected with Boston. Rev. Stat. 11,,4. the said hospital establishment, shall be under the sole care of the mayor and aldermen of Boston; who shall appoint all such officers and servants as they shall deem necessary, prescribe their respective duties, and establish their compensation. Mayor andal- 4. The said mayor and aldermen shall, annually in the dernmen to render an account month of January, file in the office of the secretary of the annually. Ibid, l 5. commonwealth, an exact account of the state of the property of the commonwealth belonging to, or connected with, the said hospital establishment, and also of all money expended thereon, in the course of the preceding year. 1 The governor 5. A resolve was passed, April 16, 1846, that his exauthorized to release to the city cellency the governor, by and with the advice and consent of Boston the common - of the council, be authorized and requested to inquire into wealth's title to Rainsford [sl- and ascertain the title of the commonwealth to Rainsford and. Resolves, 1846, Island, in the harbor of Boston, and to the State Arsenal, in the city of Boston, and that the governor, by and with the advice and consent of the council, have power to release unto the city of Boston, all the right and title of the com1 By stat. 1839, c. 79, a new provision was made respecting the accounts of expenses on Rainsford Island, but that statute was repealed by stat. 1840, c. 88. By stat. 1841, c. 96, several new provisions were enacted, and the above sections of the Revised Statutes were repealed, but the 4th section contained a provision, that the act should take effect, if the city council of Boston should accept the same, within sixty days after its passage; and it does not appear that they ever did accept it. See Records of City of Boston, vol. 19, pp. 50 and 61. HARBOR. 155 monwealth to said island and arsenal, upon such terms and considerations, as, in their judgment, the interests of the commonwealth may require. 6. No earth or stones shall be taken from the island, No earth or stones to be called Bird Island, in Boston harbor, in the county of Suf- taken from Bird Island, without folk, without license first had and obtained of the mayor license. 1818, 4. and aldermen of the city of Boston, for that purpose, 1821, 11o, 3. in writing, by the person taking the same, specifying the quantity allowed to be removed, and the object of removing it. And every person, who, without permission Penalty obtained as aforesaid, shall remove any earth or stones from the said island, in any boat, or in any ship or vessel whatsoever, shall forfeit and pay for each offence, the sum of twenty dollars to the use of the said city, to be recovered Ibid, 1, 13. by the mayor and aldermen of the said city, by an action of debt in any court proper to try the same. 7. If any person shall wilfully carry away, from any Penaltyfor carrying away island within the harbor of Boston, or from any beach adja- earth, gravel, &c., from islands cent thereto, any earth, gravel, stone, or other material in the harbor. composing such island or beach, without the consent of the 1834,168, 5 1. owner thereof, the person or persons so offending shall forfeit and pay, for each offence, to the use of the commonwealth, a sum not exceeding one hundred dollars, nor less than five dollars, to be recovered by indictment in any court competent to try the same; provided, that this act shall not be construed to prevent the taking of shell fish from such islands and beaches. 1 1 The act of 1845, ch. 117, imposed a penalty on any person who should take, carry away or remove any stones, gravel or sand, from beaches in the town of Chelsea. In the case of Commonwealth v. Tewksbury, (11 Metc. 55) it was held that this act was passed for the purpose of protecting the harbor of Boston, and extended as well to the owners of the soil as to strangers; but that it was not such a taking of private property and appropriating it to public uses, within the meaning of the Declaration of Rights, art. 10, as to render it unconstitutional and void, although no compensation was therein provided for the owners. By the act of 1846, ch. 206, the first mentioned act was repealed as to part of said Tewksbury's beaches in Chelsea, and $500 were ordered to be paid him out of the treasury of the commonwealth, " as an indemnity for the loss suffered by him under the operatibn of said act, by reason of being unnecessarily debarred from the use of his land, for the purpose, as was intended, of securing the harbor of Boston." See also act of 1847, c. 168. 156 HARBOR. Penalty for 8. If any person shall wilfully build a fire on Spectacle building a fire on Spectacle Island, in the harbor aforesaid, without the consent of the Island. Ibid, ~ 2. owner or owners thereof such person shall suffer the like forfeiture, and to be recovered and appropriated in like manner as is provided in the preceding section. HARBOR LINES. Line in the har- 9. By an act passed April 19, 1837, the line described bor from Free bridge to War- in the following section, from the Free Bridge in the harbor ren bridge established. of Boston to Warren Bridge in said harbor, was established 1837, 229, ~ 1. as one of the lines in said harbor, beyond which no wharf or pier should ever be extended into and over the tide water of the commonwealth.' Description of 10. The said line begins at the east end of the north the line. Ibid,l e2. abutment of the Free Bridge, and runs straight to the southerly corner of Brown's wharf; thence, by the end of the same, and of Wright's four wharves, fronting on the channel, to the east corner of Wright's northeast wharf; thence, on a straight line, to the south corner of Wales's wharf, and by the end to the east angle of the same; thence Thisportion of from this last point straight to the south corner of Arch the line fixed by 1850, 216. wharf; the line then follows the end of the last and Otis's wharf to the east corner of the last; the direction is then straight to the southeast angle of Foster's south wharf; then straight to the south corner of Rowe's wharf. From this point in a straight direction to the south corner of Long wharf; thence straight to the south angle of the advanced part of the said wharf, and by the end of the same to the east corner thereof; thence the line is straight to the east end of Union wharf. From the last point straight to the southeast corner of Battery wharf. Here the three next lines commence to advance further into deep water than the following wharves, to the west corner of Gray's, and are thus drawn through the southeast angle of Battery 1 A building which extends into the harbor of Boston, beyond the commissioners' line established under the acts of 1837, ch. 229, and 1840, ch. 35, and which is also below low water mark, and an obstruction to the navigation, is a public nuisance, notwithstanding it was erected previous to the passing of those acts. Garey v. Ellis, (1 Cushing's R. 306.) HARBOR. 157 and the west corner of Gray's wharf; a circular arc is struck, with a radius of twelve hundred feet, and three equal chords of four hundred and seventy feet are drawn upon this arc: then from Battery wharf the line is northerly four hundred and seventy feet, forming an angle of twenty-seven degrees and fifteen minutes with the chord of the said arc. From the end of the last the line is also four hundred and seventy feet long, and parallel with the said chord. From the end of the last mentioned line the line is four hundred and seventy feet to the west corner of Gray's wharf, forming the same angle with the chord of the whole arc as that from Battery wharf. From Gray's the line is straight to the north corner of Vinal's wharf. The line then passes along the end of this and Brown's wharf to the west corner of the last; thence straight crossing Charles River Bridge to the northeast corner of Trull's wharf; thence the line is straight to the south abutment of Warren Bridge. Which said line thus described is part of the line reported by commissioners appointed under the resolve, passed the fifth of March, in the year one thousand eight hundred and thirty-five, to survey the harbor of Boston, and by said commissioners drawn and defined on plans by them taken, and deposited in the library, excepting that the line herein described and intended, varies from the line of said commissioners by crossing Charles River Bridge in a straight line from Brown's wharf to Trull's wharf, as above expressed. 11. It was prescribed by the said act, that no wharf, Wharves, &c., not to be extendpier or building, or incumbrance of any kind should ever be ed beyond the line. extended beyond the said line into or over the tide water 1837, 229, ~ 3. 1850, 216, Q 2. in said harbor. 12. It was also prescribed that no person should en- No wharf,&c.,to be extended tolarge or extend any wharf or pier, which was then erected wards the line without leave. on the inner side of said line, further towards the said line 1837, 229,, 4. than such wharf or pier then stood, or than the same might,'6,3. have been lawfully enlarged or extended before the passing of the said act, without leave first obtained from the legislature. 158 HARBOR. No wharf, &c., 13. No person shall in any other part of the said harto be erected or extended in the bor of Boston, belonging to the commonwealth, erect or harbor. 1837, 229, 5. cause to be erected any wharf or pier, or begin to erect any wharf or pier therein, or place any stones, wood or other materials in said harbor, or dig down or remove any of the land covered with water at low tide, in said harbor, with intent to erect any wharf or pier therein, or to enlarge or extend any wharf or pier now erected; provided, however, that nothing herein contained shall be construed to restrain or control the lawful rights of the owners of any lands or flats in said harbor. Penalty. 14. Every person offending against the provisions of Ibid, ~ 6. the five preceding sections, shall be deemed guilty of a misdemeanor, and shall be liable to be prosecuted therefor, by indictment or information in any court of competent jurisdiction, and on conviction shall be punished by a fine not less than one thousand dollars, nor more than five thousand Erection may be dollars, for every offence, and any erection or obstruction abated as a nuis. ance. which shall be made, contrary to the provisions and intent of said five preceding sections, shall be liable to be removed and abated as a public nuisance, in the manner heretofore provided for the removal and abatement of nuisances on the public highways. Additional lines 15. By an act passed March 17, 1840, the lines deestablished. 1840, 35, L. scribed in the four following sections were established as the lines of the channel of the harbor of Boston, beyond which no wharf or pier should ever be extended into and over the tide water of the commonwealth. Lines between 16. The line between South Boston free bridge and the South Boston free bridge and old South Boston bridge on the north side of the channel, the old South Boston bridge. begins at the east end of the north abutment of the South Ibid, ~ 2. Boston free bridge, and runs westerly to the east corner of Wright's wharf, at the westerly side of said bridge, being forty-six feet from the west end of said abutment; thence westerly till it meets the northeasterly corner of the first wharf belonging to the South Cove Corporation; thence southerly by the ends of the wharves of said corporation, as now built, to Heath's wharf, and by the end of Heath's wharf to the southerly corner thereof: thence southerly to HARBOR. 159 South Boston old bridge, by a line drawn at right angles with said bridge, from a point two hundred and ninety-three feet westerly, from the westerly side of the draw of said bridge. The line on the south side of the channel begins on the north side of South Boston old bridge, at a point one hundred and seventeen feet easterly from the westerly side of the draw in said bridge, and four hundred and seventy-four feet westerly from the range line of the westerly. side of the brick building standing at the corner, on the easterly side of First street and northerly side of Fourth street, and four hundred and thirty feet from the face of the east stone abutment of said bridge: thence running northerly to the southwesterly corner of Alger's wharf; thence by the end of said wharf to the northerly corner of the same; thence northeasterly to the wharf belonging to the South Boston Iron Company, thence to the end of George C. Thacher's large wharf, and by the same to the northwest corner of said Thacher's small wharf; and thence easterly by said small wharf, sixty-four feet to South Boston free bridge, at a point forty-three feet northerly, from the south stone abutment of said bridge; thence southerly by the westerly side of said bridge forty-three feet to the said abutment; thence easterly by said abutment to the east end of the same: the said line then extends five hundred and twenty feet straight, so as to form an angle with said bridge of seventy-five degrees: from this point, the line is straight in a northerly direction, in such position, that, if it is continued straight, it shall not approach within six hundred feet of Arch wharf. 17. The line between the Warren Bridge and the Bos- Lines between Warren bridge, ton and Roxbury Mill Dam, on the Boston side of the (Boston side,) and Mill Dam. channel, begins at the easterly end of the south abutment Ibid, Q 3. of Warren Bridge, and runs by the face of said abutment, to the west angle of the same. From this the line is straight to the northern angle of the solid part of the Boston and Lowell Railroad ground; the line then continues in the same direction, running westerly, till it meets the north-easterly side of the bridge of the Boston and Lowell Railroad Corporation, at a point sixty-five feet from the 160 HARBOR. south stone abutment of said bridge; thence straight to the westerly side of Canal bridge, at the southerly side of the pier wharf on which the gymnasium stood, being at a point one hundred and six feet southerly, from the southerly side of the draw in said Canal bridge; thence to the north easterly corner of the solid wharf, belonging to the Charles River Wharf Company, and by the end of said wharf to the westerly corner of the same; thence to a ledge of rocks, off against the end of Taylor's wharf, at a point, one hundred and eighty feet from said wharf, and four hundred and sixty-nine feet from a brick house standing at the corner on the northwesterly side of Brighton street, and northerly side of Poplar street; thence straight to the southwesterly corner of the pier wharf situate on the southerly side of West Boston bridge, crossing the westerly side of said bridge, at a point fourteen feet easterly, from the draw in said bridge, and one hundred and eighty-eight feet westerly, from a brick building standing at the corner, on the easterly side of Charles; street, and southerly side of Cambridge street; thence, the line is straight, in a direction, to a point on the northerly side of the Boston and Roxbury Mill Dam, which point is eight hundred feet westerly from a brick building standing at the corner, on the easterly side of Charles street, and northerly side of Beacon street, and one hundred and twenty-five feet westerly, from the sea wall at the easterly end of said Mill Dam, and keeping in that direction till it intersects a line drawn parallel with, and two hundred feet from the northerly side of said dam'; thence westerly by said parallel line to the west end of said dam. Lines on the 18. The line on the Charlestown side of the harbor beC(harlestown side of the har- gins at the southwest corner of the most westerly navy bor. Ibid, ~ 4. yard wharf in Charlestown, and running southwesterly about one thousand six hundred and fifteen feet, to a timber pier of Charles river bridge, which is three hundred and forty feet northerly, from the draw in said bridge, and five hundred and ninety two feet southerly, from the southerly corner of a brick store, on the northerly side of Water 1 This part of the line was altered by stat. 1841, c. 60, and further altered by stat. 1850, c. 317. See pp. 163, 170, post. HARBOR. 161 street, at the junction of Main and Water streets; thence on the same course to a point, one hundred feet from the west side of Charles river bridge, being in all one thousand seven hundred and thirty-five feet; thence northwesterly, about five hundred and twenty feet, crossing Warren bridge, to the southwest corner of Thompson's wharf, which corner is three hundred and thirty-eight feet from the southwest rail of the Charlestown Branch Railroad, and two hundred and seventy-eight feet from the sea wall built by the Charlestown Land and Wharf Company; thence northwesterly, about five hundred and fifteen feet to the southeast corner of the wharf belonging to the Charlestown Land and Wharf Company, nearly opposite a passage way; thence northwesterly, about nine hundred and twenty feet, to a point in range with the east side of Fifth street, being two hundred and eighty-four feet Westerly, from the sea wall, measured on a line in range with said east side of Fifth street; thence, northwesterly, about five hundred and ninety feet, to a point fifteen feet from the south corner of wharf B, occupied by Charles Gould, as a lime wharf, which point is three hundred and twelve feet from the sea wall of the Charlestown Land and Wharf Company; thence northwesterly, about four hundred feet, to Prison Point bridge, at a point which is eighty-six feet easterly, from the east side of the draw in said bridge, and three hundred twenty-three feet southwesterly from the sea wall, measuring along the southeasterly side of said Prison Point bridge. 19. The line on the East Boston side of the harbor, Lines on East Boston side of commences at a point on the East Boston fiats, on the theharbor. northerly side of Bird Island channel, which point is de- Ibid, 5. noted by the letter A on the plan of the harbor, and is situated on a line, in range with the southerly side of Sumner street, in said East Boston, and at the distance of eight hundred feet from the intersection of the east side of Jeffries street and southerly side of Sumner street; thence running westerly from said point, about one thousand feet, to the point B, situated in the division line between the upland lots numbered sixty and sixty-one, produced five hundred and seventy-five feet from the south side of Mar21 162 HARBOR. ginal street, or about eight hundred and eighty feet in said line from the south side of Sumner street; thence, again, westerly, on a straight line, about two thousand feet, to the point C, in range with the division line between the water lots of Peter Dunbar, and Fettyplace and Lamson, at the distance of one thousand one hundred feet from the southwesterly side of Marginal street, and one thousand six hundred and ninety feet from the southwesterly side of Sumner street; thence northwesterly by a line, parallel to the southwesterly side of Sumner street, nine hundred and eighty feet to the point D, in the range of the easterly boundary line of the water lot of the Eastern Railroad Company, and one thousand six hundred and ninety feet from Sumner street; thence the line runs straight, a northerly course, about two thousand six hundred feet, to the poirit E, situated at the distance of five hundred and ten feet from the point F, which point F is situate in the division line between the water lots of Samuel Aspinwall, and Pratt and Cushing; the said point F being one hundred and seventy feet northeasterly, from the southwesterly side of Sumner street, in the northwesterly side of a street forty feet wide, on which street said Samuel Aspinwall, and Pratt and Cushing are bounded, southeasterly; the line from E to F (being five hundred and ten feet in length,) makes a right angle with the line D E; from the point E the line is an arc of a circle, described from the centre F, with a radius of five hundred and ten feet, to the point G in the division line between the water lots of said Aspinwall, and Pratt and Cushing; thence from the point G the line runs straight four hundred and seventy-eight feet, to the point H in the southwesterly division line of the water lot of the East Boston Timber Company, and in the range line of the northeast side of Maverick street, at the distance of seven hundred and fiftysix feet from the west side of Border street. From the point H the line continues straight about five hundred and seventy feet, to the point I, in the northerly division line of flats or water lots of the East Boston Timber Company, HARBOR. 163 at the distance of eight hundred and forty-five feet, from the west side of Border street. From the point I, the line continues northerly, a straight course, about three thousand three hundred feet to the point K, fixed at the distance of one thousand one hundred and seventy feet from the intersection of the easterly side of Meridian street, and southerly side of Eagle street, measured on a right line, running northwesterly from said intersection, at an angle of one hundred and forty-six degrees and thirty-nine minutes with said Eagle street. 20. The same act prescribed that no wharf, pier, building, No wharf, &c., to be extended or incumbrance of any kind, should ever be extended be- beyond the line, y nor further toyond the said line into or over the tide water in said harbor, wards the line, Without, &c. nor should any wharf or pier which was then erected on Ibid, B 6. the inner side of said line, extend further towards the said line than such wharf or pier then stood, or than the same might have been lawfully enlarged or extended before the passing of the said act, without leave being first obtained from the legislature. 21. Every person or corporation offending against the Penalty. provisions of the six preceding sections, shall be deemed Lbid, 7. guilty of a misdemeanor, and shall be liable to be prosecuted therefor, by indictment or information, in any court of competent jurisdiction; and, on conviction, shall be punished by a fine not less than one thousand dollars nor more than five thousand dollars, for every offence; and any erec- Erection may be abated as a tion or obstruction which shall be made contrary to the nuisance. provisions and intent of this section and the six preceding sections, shall be liable to be removed and abated as a public nuisance, in the manner heretofore provided for the removal and abatement of nuisances on the public highway. 22. By an act passed March 6, 1841, the line of that Alteration of line between part of the harbor of Boston, lying between West Boston West Boston Bridge and the bridge and the Boston and Roxbury mill dam, which was Boston and Roxbury Mill Dam. established by the act of March seventeenth, one thousand 1841, 60. eight hundred and forty, was altered in part, and ordered See p. 160, ante. thereafter to run as follows; that is to say, beginning at the southwesterly corner of the pier wharf situate on the southerly side of West Boston bridge, and thence running southerly 164 HARBOR. to a point in the line heretofore established by the act last aforesaid; which point is eight hundred feet distant from the corner of said pier; and from the said last mentioned point rnnning again southerly, but more westerly, in a direction to a point on the northerly side of said Boston and Roxbury mill dam, which point is ten hundred and eightysix feet distant from a brick building standing at the corner on the easterly side of Charles street, and northerly side of Beacon street, until it comes to a line running parallel with said mill dam, and two hundred feet distant from the northerly side thereof, then uniting with a line established by said last mentioned act. 1 Additional lines 23. By an act passed April 26, 1847, the lines deestablished. 1847, 278, ~ i. scribed in the three following sections, were established as lines of the channel of the harbor of Boston beyond which no wharf or pier should ever be extended into and over the tide-water of the Commonwealth. First line. 24. The first line is drawn from the southerly end of Ibid, ~ 2 the island built by the Boston and Maine Railroad Company, between the channels of Charles River and Miller's River to the southerly corner of the northwesterly abutSecond line. ment of Canal (or Cragie's) bridge. The second line is drawn straight from the face of the said abutment of Canal Bridge, through a point on the northerly side of West Boston Bridge, two thousand feet from the easterly side of the draw in said bridge, to a point two thousand feet northerly from the harbor line heretofore established on the northerly Third line. side of the Boston and Roxbury Mill Dam. The next line is drawn from this last point westerly, parallel to said Mill Dam, and two thousand feet from said harbor line, to the northern shore of Charles River near its mouth. Fourth line. 25. The fourth line is in Miller's River, and is drawn Ibid, (S 3. from the south corner of the aforesaid Boston and Maine Railroad Company's island northerly, along the westerly side of the same, and thence in the same straight line to 1 This part of the line was further altered by stat. 1850, c. 317. See p. 170, post. HARBOR. 165 the northerly side of the old channel. The fifth line is Fifth line. drawn from the point where the fourth line meets the northerly side of the said channel, northwesterly, northerly and northeasterly, along the sea-wall recently built by the Charlestown Branch Railroad Company, to the westerly projection of the State Prison Yard. The sixth line is Sixth line. parallel to the fourth line, and two hundred feet westerly. It extends from the channel of Charles River to the south side of the channel of Miller's River. The seventh line is Seventh line. drawn from the north end of the sixth, as just described, to a point on the north side of Prison Point Bridge, five hundred feet westerly of the centre line of the Boston and Maine Railroad. The eighth line is drawn from the north- Eighth line. ern extremity of the seventh to a point opposite the west end of the Fitchburg Railroad Bridge, and distant from the same three hundred feet. The ninth line is drawn from Ninth line. the last mentioned point to the northerly corner of the southeasterly abutment of the Boston and Lowell Railroad Bridge over Miller's River. 26. The tenth line is in South Bay, and is drawn from Tenth line. a point on the south side of the South Free Bridge, (one Ibid,' 4. hundred and fifty feet southeasterly of the southeasterly side of the draw,) in a southerly direction, parallel to the Dorchester Turnpike three thousand feet. The eleventh Eleventh line. line is on the westerly side of the channel, and is drawn from the southerly corner of Miller and Nason's wharf, southerly, in a direction at right angles with the South Bridge, across the same, to a point twelve hundred and fifty feet distant therefrom. The twelfth line is drawn from Twelfth line. the last mentioned point to the westerly side of the artificial channel of Roxbury Creek, one thousand feet southeasterly from Harrison Avenue, opposite the South Burying ground. The said lines, thus described, are the lines reported by Being the lines reported by corncommissioners under the resolve passed the twenty-second nissioners. day of March, in the year one thousand eight hundred and forty-five, " authorizing the survey of South Bay, Charles and Mystic Rivers," and by said commissioners drawn and defined on plans by them taken and deposited in the library of the commonwealth. 166 HARBOR. No wharf, &c., 27. It was prescribed by the said act, that no wharf, to be extended beyond said pier, building or incumbrance of any kind, should thereafter lines, or further towards them. be extended beyond the said lines or either of them, into Ibid, ~ 5. or over the tide water in said harbor; nor should any wharf or pier, which was then erected on the inner side of either of said lines, be extended farther towards the said line, than such wharf or pier then stood, or than the same might have been lawfully enlarged or extended before the passing of the said act, without leave being first obtained from the legislature. Penalties. 28. Every person offending against the provisions of Ibid, Q 6. the five preceding sections, shall be deemed guilty of a misdemeanor, and shall be liable to be prosecuted therefor, by indictment or information, in any court of competent jurisdiction; and on conviction, shall be punished by a fine not less than one thousand dollars, nor more than five Erections to be thousand dollars, for every offence; and any erection or abated as nuisances. obstruction which shall be made contrary to the provisions and intent of the said last mentioned sections, shall be liable to be removed and abated as a public nuisance, in the manner heretofore provided for the removal and abatement of nuisances on the public highway. Lines in Chelsea 29. In that part of the harbor of Boston, lying between Creek established. East Boston and Chelsea, and known as Chelsea Creek, 1849, 204, 5 1. the lines described in the following section, which are the same lines reported by the commissioners, authorized by a resolve of the general court, passed on the tenth day of May, in the year one thousand eight hundred and fortyeight, " to define, upon a plan or plans, such lines," in said part of said harbor, " as they shall think expedient to establish, beyond which no wharves or other structure shall be extended into and over the tide waters of the commonwealth," and by them drawn and defined upon certain plans taken by them, and deposited in the library, were established, by an act passed on the second day of May, one thousand eight hundred and forty-nine, as the lines beyond which no wharf or pier should ever thereafter be extended into or over the tide water of said part of said harbor. HARBOR. 167 30. The line on the East Boston side of said creek, Lineon East Boston side. commences at a point on the westerly side of East Boston, Ibid, ( 2. which point is the northerly terminus of the commissioners' line, heretofore established around East Boston, said point being denoted by the letter A on said plans; thence running northeasterly from said point, about five hundred and thirty-eight feet, to a point marked B, fixed at the distance of nine hundred and fifty-six feet from the intersection of the easterly line of Meridian street, and the northerly line of Condor street, measuring, in a right line, northwesterly from said intersection, at an angle of one hundred and forty degrees with the northerly side of said Condor street; thence again northeasterly, about nine hundred and ninetysix feet, to a point marked C, situate eleven hundred and forty-seven feet from the northerly side of Condor street, measuring northerly, and at right angles thereto, and from a point one hundred and eighteen feet and nine inches easterly from the intersection of the easterly line of Meridian street, and northerly line of Condor street; thence easterly about four hundred and five feet, to a point marked D, situate one thousand and seventy-two feet from the northerly side of Condor street, measuring northerly, and at right angles thereto, from a point in said side of said street, nineteen hundred and twenty feet westerly from the intersection therewith of the easterly side of Knox street; thence again easterly, about seven hundred and fifty-three feet, to a point marked E, situate eight hundred and fortytwo feet from the northerly side of Condor street, measuring northerly, and at right angles thereto, from a point in said side of said street twelve hundred feet westerly from the intersection therewith of the easterly side of Knox street; thence again, easterly, about thirteen hundred and fifteen feet, to a point marked F, being the northwesterly corner of the westerly pier of the Glendon Rolling Mill Company's Wharf, said corner being at the distance of eight hundred and sixty feet from the northerly side of Eagle street, measuring northerly, and at right angles thereto; thence again, easterly, by the face of the two piers of said wharf, about two hundred and seventy-two 168 HARBOR. feet, to the point marked G, being the northeasterly corner of the easterly pier of said wharf; thence again, easterly, about four hundred and sixty feet to a point marked H, situate eight hundred and fourteen feet from the northerly side of Eagle street, measuring northerly, and at right angles thereto, from a point in said side of said street, four hundred and sixty feet westerly from the intersection therewith of the westerly side of Chelsea street; thence northeasterly about four hundred and fifteen feet to a point marked I, situate six hundred and eighty-five feet from the westerly side of Chelsea street, measuring northwesterly, and at right angles thereto, from a point in said side of said street, six hundred and eighty-five feet northerly from the intersection therewith of the northerly side of Eagle street; thence northeasterly again, about one thousand and fifteen feet, to a point marked K, on the west side of Chelsea Free Bridge, said point being one hundred and fiftyeight feet, northerly, from the face of the south abutment of said bridge. Line on Chelsea The line on the Chelsea side of said creek commences at side. a point on the west side of Chelsea Free Bridge, situate two hundred and two feet southerly, from the intersection of the same with the southerly line of Marginal street, in the town of Chelsea, said point being marked L on the plan; thence running southwesterly about nine hundred and fifty-five feet to a point marked M, situate three hundred and six feet from the south line of Marginal street, measuring southerly, and at right angles thereto, from a point in said side of said street, fifteen feet easterly from the first bend therein, west of Chelsea Free Bridge, aforesaid; thence again, southwesterly, about three hundred and seventeen feet to a point marked N, situate three hundred and ninety-four feet from the southerly side of Marginal street, measuring southerly, and at right angles thereto, from a point in said side of said street, sixty feet westerly from the aforementioned bend therein; thence westerly, about three hundred and eighty-six feet, to a point marked 0, situate four hundred and fifty-five feet from the southerly side of Marginal street, measuring HARBOR. 169 southerly and at right angles thereto, from a point in said side of said street, four hundred and forty feet westerly from the aforementioned bend therein; thence again, westerly, about two hundred and ten feet, to a point marked P, being the southwesterly corner of the Glendon Rolling Mills Company's Pier on the Chelsea Flats, situate in the division line of the Winnisimmet Company's water lots, numbered 21 and 22, and four hundred and sixty-five feet from the southerly side of Marginal street, measuring southerly and at right angles thereto; thence again westerly, about thirteen hundred and thirty feet, to a point marked Q, situate in the division line between Austin and Carruth's wharves, and two hundred and forty-eight feet from the southerly side Marginal street, measuring southerly and at right angles thereto; thence again, westerly, about seven hundred and forty feet, to a point marked R, situate in the line of the southerly side of Hawes's wharf continued and three hundred feet from the southerly side of Marginal street, measuring southerly and at right angles thereto; thence again, westerly, about six hundred and thirty-three feet, to a point marked S, situate four hundred and five feet from the southerly side of Marginal street, measuring southerly, in the line of the easterly side of the Winnisimmet Company's solid wharf; thence southwesterly about four hundred and eighty-five feet, to a point marked T, being the southeasterly corner of the small pier of the Winnisimmet Company, on the easterly side of their ferry slip; thence again southwesterly, about sixty feet, to a point marked U, being the southerly extremity of the easterly line of spring piling of the aforesaid ferry slip; thence westerly across the mouth of said slip about one hundred and twelve feet to a point marked V, being the southerly extremity of the westerly line of the spring piling of said ferry slip, and situate two hundred and twenty feet southwesterly from the intersection of the Winnisimmet Company's existing sea-wall, on the westerly side of thle aforesaid ferry slip, with the continuation of the west side of Winnisimmet street, measuring in the line of said continuation; thence southwesterly about eight hundred feet to a 22 170 HARBOR. dolphin driven into the flats and marked W, situate eight hundred feet from the easterly side of Chelsea Toll Bridge, measuring easterly, and at right angles thereto, from a point in said side of said bridge four hundred and ten feet south of the north abutment of said bridge. No wharf, &c., 31. The same act prescribed, that no wharf, pier, or shall be extended beyond said structure, of any kind, should ever thereafter be extended lines. Ibid, ~ 3. beyond said lines, into or over the tide water in said part of said harbor. Penalty. 32. Every person offending against the provisions of the three preceding sections, shall be deemed guilty of a misdemeanor, and shall be liable to be prosecuted therefor, by indictment or information, in any court of competent jurisdiction, and on conviction, shall be punished by a fine not less than one hundred dollars, nor more than one thouErection may be sand dollars, for every offence; and any erection or obstrucabated, as a nuisance. tion which shall be made contrary to the provisions and intent of this act, shall be liable to be removed and abated as a public nuisance, in the manner by law provided for the removal and abatement of nuisances on the public highways. Line between 33. By an act passed May 3, 1850, the line of that West Boston Bridge and Bos- part of the harbor of Boston, lying between West Boston ton and Roxbury Mill Dam further Bridge and the Boston and Roxbury Mill Dam, which was altered. 1850, 317. ~. established by an act passed on the seventeenth day of See pp. 159, 160, 163, ante. March, one thousand eight hundred and forty, and altered by an act passed on the sixth day of March, one thousand eight hundred and forty-one, was further altered and directed after May 3, 1850, to run as follows, that is to say, beginning at the southwesterly corner of the pier wharf situate on the southerly side of West Boston Bridge, thence running southwesterly, in a straight line, in a direction to a point on the northerly side of said Boston and Roxbury Mill Dam, which point is ten hundred and eighty-six feet distant from a brick building standing at the corner, on the easterly side of Charles street and northerly side of Beacon street, until it comes to a line running parallel with said Mill Dam, and two hundred feet distant from the northerly side thereof; then uniting with a line established by said HARBOR. 171 act passed on the seventeenth day of March, one thousand eight hundred and forty. 34. By the same act it was prescribed that no wharf, No wharf, &c., to be extended pier, building, or incumbrance of any kind, should, after said beyond said line. third day of May, eighteen hundred and fifty, be extendedbid, beyond said line established in the preceding section, into or over the tide-water in said harbor. 35. The proprietors of the wharves and flats lying be- Proprietors authorized to extween West Boston Bridge and the Boston and Roxbury tend wharves, &c., to said line, Mill Dam, were thereby authorized to extend their wharves provided, &c. and the lines of their respective fiats to the said last men- Ibid, ~ 3. tioned line, in a direction at right angles thereto, provided that no person's legal rights shall be infringed thereby. 36. The three preceding sections are to take effect, Act, not to take effect unless a only if and on condition that the proprietors of said wharves sea wall is built. and fiats shall cause a good and substantial sea-wall to be Ibid), 4. built and maintained on said last mentioned line through its whole length. HARBOR REGULATIONS. 37. No vessel which shall cast anchor in the harbor of No vessel to anchor except Boston, between India wharf and Gray's wharf, shall an- within certain limits. chor within five hundred feet of the line described in the 1847, 234, ~ 2. second section of an act entitled " An Act to preserve the See p. 156, ante. harbor of Boston, and to prevent encroachments therein," passed on the nineteenth day of April, in the year one thousand eight hundred and thirty-seven; and no vessel which shall cast anchor between the easterly side of Lamson's wharf and the easterly side of Tuttle's wharf, at East Boston, shall anchor within five hundred feet of the line described in the fifth section of "' An Act concerning the See p. 158, ante. harbor of Boston," passed the seventeenth day of March, in the year one thousand eight hundred and forty, unless for the purpose of hauling in as soon as practicable, to some Exception. wharf in said harbor, or unless compelled to do so by reason of stress of weather, or unavoidable casualty; and, for every offence against either of the foregoing provisions in Penalty. this section, after having been notified thereof. by the harbor-master, who may be appointed as hereinafter men 172 HARBOR. tioned, or by any party aggrieved, the master, commander, or owners of such vessel, shall be subject to a penalty not exceeding twenty-five dollars. Trim of vessels 38. The master, commander, or owners of every vessel, at wharves. Ibid,. 2. shall, as soon as practicable after having hauled to the end See 1848, 314, 3; also, p. 174, of any wharf that extends to the channel in said harbor, d 46, post, for aditional provis- cause her lower yards to be cockbilled, and her jib-boom to ions. be rigged in, so that the said jib-boom may not annoy any other vessel or vessels going in or out of the adjoining docks; and the lower yards and jib-boom shall be kept so arranged while such vessel lies at the end of the wharf as aforesaid, and until she is preparing immediately to leave Penalty. her berth; and for every offence against any of the provisions in this section, the master, commander or owners, or either of them, of such vessel, shall be subject to a penalty not exceeding ten dollars. Penalty for 39. No person shall throw or deposit in said harbor, or throwing stones, &c., into the any part thereof, any stones, gravel, ballast, cinders, ashes, harbor. Ibid, g 3. dirt, mud, or other substances, which may in any respect, See 1848, 314, 2; also, p. 174, tend to injure the navigation thereof; and whoever shall offend against the provisions of this section shall be subject to a penalty not exceeding fifty dollars. Regulation of 40. No warp or line shall be passed across the mouth warps and lines. Ibid, ~ 4. of any slip, for the purpose of hauling a vessel by said slip, before the vessel shall be within one hundred feet of said slip, if the owners or occupants thereof object, unless the harbor-master, who may be appointed as hereinafter menPenalty. tioned, shall have decided it to be necessary: and for every offence against this provision, the master, commander, or owners of such vessel, shall be subjected to a penalty not exceeding five dollars. City council may 41. The city council of the city of Boston may, if they appoint a harbormaster. shall deem it expedient, annually appoint, by concurrent Ibid, ~ 5. ballot in each board, a harbor-master for the port of Boston, who shall hold his office for one year, and until another shall be appointed in his place, or until he shall be removed by said city council; and before entering upon his office, Bond. he shall give bond to the said city, with sufficient sureties, to.the satisfaction of the mayor and aldermen, in the penal HARBOR. 173 sum of two thousand dollars, conditioned for the faithful discharge of the duties of said office; and in case of the He may appoint a deputy, in sickness or disability of the said harbor-master, he may case, &c. apFpoint a deputy, subject to the approval of said mayor and aldermen, to perform his duties during such sickness or disability; and said harbor-master shall be allowed and Compensation. paid quarterly, out of the city treasury, such salary for his services, as said city council shall, from time to time, establish. 42. It shall be the duty of the said harbor-master to His duties and authority. enforce the execution of the several provisions of this sec- Ibid, 6 6. tion and the five preceding sections, and of all other laws of the commonwealth relating, in any way, to said harbor; and to prosecute all violations of such laws and ordinances, and to take all lawful measures to prevent the doing of any act by which the flow of the tides, or the force, direction, or depth of the current into, out of, or through the said harbor may, in any degree, be injuriously affected. And said harbor-master shall also have authority, so to regulate the anchorage of vessels that, as far as may be practicable, ferry-boats may pass unobstructed, and the channel shall be kept clear, from the wharves to Castle Island. 43. All the several penalties mentioned in the six pre- Recovery of penalties. ceding sections may be recovered by complaint before the Ibid, S; 7. police court of the city of Boston, or by indictment, for the use of the said city. 44. The harbor-master authorized to be appointed, by l-arbor-master's further authorsection forty-one, shall have authority to regulate the ity to anchorage of all vessels in the upper harbor of Boston, and, 1848, 314, -. 1. when necessary, to order the removal of such vessels, and to cause the same to be removed in obedience to such order, at the expense of the master or owners thereof; and if any person shall obstruct said harbor-master in the performance Penalty for obstructing hin in of any of his duties, as prescribed by this, the seven pre- the performance of his duties, or ceding, or the three succeeding sections, or shall neglect for neglect to or refuse to obey any lawful order made by said harbor- obey his orders. master, he shall be liable to a penalty, not exceeding fifty dollars, for each offence, to be recovered by indictment, for now to be rethe use of the city of Boston. covered. 174 HARBOR. Master or own- 45. Whenever any person on board of any vessel, shall ers of vessel also liable to penalty violate the provisions of the thirty-ninth section, the master for throwing stones, &c., in or owners of said vessel shall be liable to the penalty preharbor. Ibid, ~ 2. scribed in said last mentioned section, as well as the person so offending. All yards of yes- 46. The provisions of the thirty-eighth section shall apsel to be cockbilled, &c., ply to all the yards of vessels as well as the lower yards, while vessel is at wharf. any thing in said last mentioned section to the contrary Ibid, l~ 3. notwithstanding. Vessels in har- 47. All vessels at anchor in the harbor of Boston shall bor to keep an anchor watch, keep an anchor watch at all times, and shall keep a clear and light. Ibid, ~ 4. and distinct light, suspended at least six feet above the deck, during the night; and whenever the provisions of this section shall be violated on board any vessel, the masPenalty. How ter or owners shall be liable to a penalty of not more than to be recovered. twenty dollars, to be recovered in the manner provided in section forty-three, and shall be held liable to pay all damages that may be occasioned by such violation. No ashes, &c., to 48. No ashes, cinders, or other rubbish, or materials of be thrown into the harbor. any description shall be put or thrown out of any steamboat 1837, 229, ~ 7. in the harbor of Boston above fort Independence, under a penalty of ten dollars for each offence. l ORDINANCE OF THE CITY.2 Joint standing There shall be appointed, annually, a joint standing comthe preservation mittee of the city council, consisting of two members of the of the harbor. Their duties. board of mayor and aldermen, and three members of the Ncv. 12, 1846. 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 pre1 For further provisions as to Boston Harbor, see resolves of 1850, ch. 27 and Ill. 2 An ordinance relating to the preservation of Boston Harbor, passed November 12, 1846. HAWKERS AND PEDLERS. 175 servation of Boston harbor and the security of the rights and interests of the city therein; provided no expense shall be incurred exceeding the appropriation previously made by the city council for these purposes. HAWKERS AND PEDLERS. STATUTE. 5. Sums payable for such licenses. 1. Hawkers, pedlers, petty chap- 6. Dates and terms of licenses men, and other itinerant deal- granted. Records of licenses,ers, to be licensed. how and by whom to be made. 2. Articles enumerated, which 7. Special state and county limay be sold by hawkers, &c., censes,-how, and upon what without license;-and power terms, to be granted. of cities and towns to restrain 8. Sums paid for licenses,-to besuch sales. long to the state, or to the 3. Licenses to be granted by the county, city, or town, receiving secretary of the commonwealth, the same. upon the certificate of select- 9. Name, residence, and number men or mayors, as to the citi- of license to be borne on the zenship, residence, and good vehicle or parcels of person lirepute of the applicants. censed; and license to be ex4. Extent of such licenses,-sums hibited, to selectmen, &c., when to be paid to the treasurers of demanded. towns or cities therein men- 10. Penalties for violations of this tioned,-and powers conferred act. thereby. 1. From and after the first day of July next, every Hawkers, pedhawker, pedler, or petty chapman, or other person, going chapmen, and other itinerant from town to town, or from place to place, or from dwelling- dealers, to be licensed. house to dwelling-house, in the same town, either on foot, 1846, 244,44, 1. or with one or more horses, or otherwise carrying for sale, or exposing to sale, any goods, wares or merchandise, or taking a residence in any town for that purpose, for a less time than one year, except as provided in the second section, or under a license, granted as hereinafter provided, 176 ]HAWKERS AND PEDLERS. shall forfeit a sum not exceeding two hundred dollars for every offence; and nothing contained in this section shall be construed to restrain sales at public auction, according to law. Articles enu- 2. Any person may go about, as aforesaid, selling and merated, which may be sold by exposing to sale, any fruits and provisions whatever, live hawkers, &c., without li- animals, brooms, agricultural implements, fuel, newspapers, cense. books, or pamphlets, agricultural products of the United States, the products of his own labor or any labor of his own family; but the sale of jewelry, wines, spirituous liquors, playing cards, indigo, and feathers, as aforesaid, is Power of cities hereby prohibited: provided, if the city council of any city and towns to restrain such shall authorize the mayor and aldermen of such city, or the sales. Ibid, S2. inhabitants of any town shall authorize the selectmen of such town, to restrain the sale, by minors, of any goods, wares, or merchandise, the sale of which in the manner aforesaid, is permitted in this section, such mayor and aldermen, or selectmen, while such authority remains in force, may exercise in the premises, all the powers they are by law authorized to exercise in relation to theatrical exhibitions and public shows; and any violation of such restraint, when the same shall be imposed by the regulations of said mayor and aldermen, or said selectmen, or any sale of the articles in question, without a license, where the same shall be required in exercise of the authority above granted, shall subject the persons guilty of the same to a penalty not exceeding ten dollars for every offence: provided, further, that no such restraint imposed, or license granted, shall remain in force beyond the term of office of those by whom the same was imposed or granted. Licenses to be 3. The secretary of the commonwealth may grant a granted by the secretary of the license to go about selling and exposing to sale, any goods, commonwealth, upon the certifi- wares or merchandise, not prohibited in the second section, cate of selectmen or mayors, to any applicant, who shall file in his office, a certificate, as to the citizen - ship, residence, signed by a majority of the selectmen of any town, or the and good repute ofthe applicants. mayor of any city, in the commonwealth, which certificate Ibid, S 3. shall state that, to the best knowledge and belief of such mayor or selectmen, the applicant therein named, is a citizen of the United States, and resides in such city or town, HAWKERS AND PEDLERS. 177 and is in good repute for morals and integrity. And the mayor or selectmen as aforesaid, before granting,; such certificate, shall require every such applicant to make oath that he is the person named therein, that he is a citizen of the United States, and is a resident of such city or town, which oath shall be certified by a justice of the peace, and accompany the certificate. 4. The secretary of the commonwealth shall cause to Extent of such be inserted, in every license, the names of such cities to be paid to the treasurers of and towns as the applicant shall select, with the sum to be towns or cities therein menpaid to the respective treasurers thereof, annexed, and tioned, and powers conshall receive from the applicant one dollar for each city or ferred thereby. town so inserted; and every person so licensed, is hereby Ibid, 4. authorized to sell, as aforesaid, any goods, wares or merchandise, not prohibited in the second section, in any city or town mentioned in his license, upon first tendering to the treasurer thereof, the sum stated to be due; and the treasurer of such city or town shall make a certificate on the face of the license, stating the sum so received. No license granted under this act shall be pleaded in bar to any complaint against the person licensed, if it be proved that he exposed to sale in any county, city or town, mentioned in such license, any article not permitted or prohibited in the second section, prior to tendering to the treasurer thereof the sum required by this act, or in any county, city or town, not mentioned in such license: provided, that this act shall not be construed to require any person so licensed, to pay the sum due to the treasurer of any county, city or town, before he is prepared to trade therein. 5. Every person licensed under the foregoing sections, Sums payable for such licenses. in addition to the sum payable to the secretary of the Ibid, 5. commonwealth, shall pay to the treasurer of each city or town, mentioned in his license, the sums following:For every town containing not more than one thousand inhabitants, according to the United States census, next preceding the date of any license, three dollars. For every town containing more than one thousand and not more than two thousand inhabitants, six dollars. For every town containing more than two thousand and not more than three 23 178 HAWKERS AND PEDLERS. thousand inhabitants, eight dollars. For every town containing more than three thousand and not more than four thousand inhabitants, ten dollars. And for every town containing more than four thousand inhabitants, the sum shall be increased, in addition to ten dollars, one dollar for every one thousand inhabitants, over four thousand contained therein: provided, that the sum to be paid to the treasurer of any city or town shall, in no case, exceed twenty-five dollars. Dates and 6. Every license granted under these provisions before terms of licenses granted. the first day of January, A. D., 1847, shall bear date on the Records of licenses, how first day of July, A. D., 1846, and shall continue in force till and by whom to be made. the first day of January aforesaid, and no.longer; and the Ibid, ~ 6. amount to be paid therefor shall be one half of any sums herein provided to be paid for a similar license for a year, and every license granted after the aforesaid first day of January, shall bear date on the first day of January of the year in which it is granted, and shall continue in force one year and no longer; and it shall not be lawful for any person to sell under any such license, except the person licensed therein or named in a transfer of the same, as hereinafter provided. The secretary of the commonwealth shall keep a record of all licenses granted, with the number of each, the name and residence of the person licensed, and the counties, cities and towns, mentioned therein, and also of all special state licenses. The treasurers of the counties, cities and towns, shall severally keep records of all licenses upon which the sums provided in this act have been paid, with the number of each, the name and residence of the persons licensed, and the sums received thereon, and all such records shall be open for public inspection. Special state 7. In addition to the licenses authorized in the foregoand county licenses, how, ing sections, the secretary of the commonwealth, upon the and upon what i sei terms, to be conditions required in the third section, may grant special granted. Ibird, 7. state licenses, upon payment, by the applicant, of one hundred dollars for each license; and the person so licensed, shall be authorized to expose to sale any goods, wares or merchandise, not prohibited in this act, in any city or town in this commonwealth; and may also grant, as aforesaid, HAWKERS AND PEDLERS. 179 special county licenses, upon payment, by the applicant, of one dollar for each county mentioned therein; and the person so licensed, shall be authorized to expose to sale, to any person within said counties, any tin, britannia, glass or wooden wares, of the manufactures of the United States, or any other goods, wares or merchandise, manufactured by himself, or his employer, and not prohibited in this act, upon tendering to the treasurer of each county mentioned in said license, respectively, the sums following:-For Suffolk, Essex, Middlesex and Worcester, each four dollars. For Norfolk, Berkshire, Hampden, Bristol and Plymouth, each three dollars. For Franklin, Hampshire and Barnstable, each two dollars. For Nantucket, one dollar; for Dukes, one dollar. And the county treasurers, respectively, upon the receipt of any sum, as aforesaid, shall certify thereto on the face of the license, stating the amount so received. 8. All sums paid to the secretary of the commonwealth Sums paid for licenses, to under this act, shall be for the use of the commonwealth; belong to the state, or to the and all sums paid to the treasurer of any county, city or county, city, or town, receiving town, shall be for the use of the county, city or town, so the same. receiving the same. Any license granted under this act, 8. upon proceedings had by the applicant, as provided in the third section, may be transferred by the secretary of the commonwealth; and the person to whom such license is transferred, shall be liable, in all respects, as if he were the person originally licensed. 9. Every person licensed as herein provided, shall post Name, residence, and numhis name, residence, and the number of his license, in a ber of license to be borne on the conspicuous manner, upon his parcels or vehicle, and when- vehicle, &c. License to be ever such license is demanded of him, by any selectman or exhibited, to selectmen, &c., justice of the peace, he shall forthwith exhibit it, and if he when demanded. neglect or refuse to do so, shall be subject to the same Ibid, Q 9. penalty as if he were without a license, and this act, or a synopsis thereof, shall be printed on every license. 10. The license of any person who shall be convicted Penalties for violations of of a violation of any provision of this act, shall be void. this act. Any person who shall counterfeit or forge a license, or who Ibid, ~ 10. shall have a counterfeited or forged license in his posses 180 HAY AND HAY SCALES. sion, with the intent to utter or use the same as true, knowing it to be false and counterfeit, or who shall attempt to sell under a license which has expired, or is forfeited, or which was not granted to him, and has not been transferred to him, shall forfeit a sum not exceeding one thousand dollars. 1 HAY AND HAY SCALES. STATUTES. 11. How inspected hay shall be 1. Weighers of hay to be ap- branded. pointed. 12. Inspectors to furnish them2. Shall conform to rules to be selves with scales, &c. established by city council. 13. Fees, how fixed, and by whom 3. Citycouncil may remove weigh- paid. ers, &c. 14. Penalty for selling without in4. Penalty for setting up scales spection, &c. Proviso. without authority. 5. How crates of pressed hay shall ORDINANCE. be branded. 1. Stands for sale of hay and 6. Forfeiture, and to whose use, straw. of hay offered for sale without 2. Penalty for standing in any the required brand. other place for sale of hay or 7. Mode of recovering such for- straw. feiture. 3. Scales to be established, &c. 8. Mayor and aldermen may, on Weighers appointed. petition, appoint inspectors of 4. Duties of weighers. bale or bundle hay. 5. Form of weighers' accounts and 9. May remove inspectors, and fill certificates. vacancies. 6. Fees for weighing. 10. Duties of inspectors. 7. Compensation of weighers. 8. R. S. 28, ~ 95-98, adopted. STATUTES. Weighers of hay 1. The mayor and aldermen may from time to time to, be appointed. R. S. 28, s 95. appoint, for a term not exceeding one year, some person or persons to have the superintendence of the hay scales 1 The act of 1846, c. 244, ~ 11, repealed Rev. Stat. c. 35. ~~ 7 and 8. HAY AND HAY SCALES. 181 belonging to the city, who shall weigh hay offered for sale in the city, and any other article offered to be weighed. 2. The persons so appointed shall conform to all such Shall conform to rules to be estabrules and regulations, as shall be established by the city lished by city council. council, concerning the said hay scales, and the compensa- Ibid, ~ 96. tion or fees for weighing hay and other articles. 3. The city council may remove any weigher of hay, City council may and fill any vacancy that may occur from death or other- eer, &c. wise. Ibid, ~ 97. 4. If any person, not appointed as aforesaid, shall set Penalty for setting up scales, up any hay scales in the city, for the purpose of weighing without authority. hay, or other articles, he shall forfeit the sum of twenty Tbid, t 98. dollars a month, so long as the same shall be continued, to be recovered by an action of debt, and appropriated to the use of the city. 1 5. All pressed hay, which shall be offered for sale in How crates of pressed hay shall this commonwealth, shall be branded upon the crate enclos-be branded. ing it, with the first letter of the christian name and the 1836, 240, ~ 1. whole of the surname of the person packing and screwing, or otherwise pressing said hay, and with the name of the town and state where said hay shall be pressed. 6. All pressed hay, which shall be offered for sale with- Forfeiture, and to whose use,of out being branded as aforesaid, shall be forfeited, one half hay offered for sale without the to the person or persons prosecuting therefor, and the other required brand. half to the use of the city or town where said hay shall be Ibid, 5 2. so offered for sale. 7. All forfeitures, incurred under the two preceding Mode of recovering such forsections, may be recovered, with costs of suit, by action, feiture. bill, plaint or information, before any justice of the peace, Ibid, 3. or other court proper to try the same. 8. The mayor and aldermen of each city in this com- Mayorandaldermen may, on pemonwealth, in which bale or bundle hay is sold, may, on the tition, appoint inspectors of bale petition of ten or more legal voters of such city, annually or bundle hay. 1847, 246, ~ 1. 1 This section of the Revised Statutes contains a provision, that this and the three preceding sections shall not apply to any town, which shall not adopt the same, and shall cease to operate in such town, when the town shall so determine. This provision does not seem applicable to the city of Boston, but the city council have deemed it expedient to adopt these sections expressly. See p. 184, post, ~ 8. 182 HAY AND HAY SCALES. appoint one or more persons as inspectors of bale or bundle hay, who shall be sworn to the faithful discharge of the duties of their office. May remove in- 9. Said mayor and aldermen may remove any inspector spectors, and fill vacancies. so appointed, and fill any vacancy that may occur from Ibid, 2. death or otherwise. Duties of in- 10. It shall be the duty of the inspector to inspect and Ibid, ~ 3. weigh all bale or bundle hay, within the limits of the city, or ward for which he may be appointed, when requested so to do by the owner or vendor of such hay. How inspected 11. All bales or bundles of hay so inspected, which are hay shall be branded. found to be sweet, of good quality, and free from damage Ibid, ~ 4. or any improper mixture, shall be branded or marked No. 1. All bales or bundles which are found to be sweet, and free from damage or any improper mixture, but consisting of hay of a secondary quality, shall be branded or marked No. 2. All bales or bundles which are found to be wet, or in any way damaged, or which shall contain any straw or other substances not valuable as hay, shall be branded or marked bad. Each bale or bundle so inspected shall also be branded or marked with the first letter of the christian name, and the whole of the surname, of the inspector, and the name of the city or town for which he is inspector, together with the month and year when inspected; and also the net weight of the bundle. Inspectorstofur- 12. Each inspector shall furnish himself with proper nish themselves withscales, &c. scales, weights, seals, and other suitable instruments for Ibid, ~ 5. the purposes aforesaid. Fees,howfixed, 13. The fees for inspecting, weighing, and marking, as and by whom paid. provided for in the five preceding sections, shall be fixed by Ibid, ~ 6. the respective officers having the power of appointment, and shall be paid by the employer of the inspector. Penalty for sell- 14. Any person who shall sell any bale or bundle hay, ing without in- spection, &c. in any city or town in this commonwealth, where an inIbid, ~ 7. spector is appointed, as required by the six preceding sections, which has not been inspected and weighed as therein provided, shall forfeit, for each bale or bundle so sold, two dollars, to be recovered in any court proper to try the same, one half to the complainant, and the other half to HAY AND HAY SCALES. 183 the city or town in which such sale shall have been made: provided, that no inspection under this act shall be made, Proviso. where the vendor and vendee shall certify, in writing, to the inspector, that they object to an inspection. ORDINANCE OF THE CITY.1 SECT. 1. The mayor and aldermen shall appoint suita- Stands for sale of hay and straw. ble places in the streets or squares of the city, as stands Aug. 20, 1850. for the sale of hay and straw. SECT. 2. The owner or driver of any wagon, cart, sled, Penalty for standing in any or other carriage, containing hay or straw for sale, who other place for sale of hay or shall stand for the sale of such hay or straw, in any other straw. Ibid. street, square or place whatsoever, than one of those so appointed by the mayor and aldermen, shall be liable to a penalty not exceeding twenty dollars. SECT. 3. The mayor and aldermen shall establish, from Scales to be established, &c. time to time, a sufficient number of public scales for the Ibid. weighing of hay and other articles, and cause the same to be erected, and furnished with decimal weights, which shall be used in all cases; and shall appoint suitable persons to Weighers aphave the superintendence of the same, and to weigh hay pointed. and other articles, according to law. SECT. 4. The persons so appointed shall attend person- Duties of ally at the scales which may be assigned to them respect- weighers. ively, every day through the year, Sundays, public fasts, thanksgivings, and the anniversary of American Independence, excepted, from sunrise to sunset, (with liberty to close their respective offices from seven to eight o'clock in the forenoon during the months of April, May, June, July, August, and September, and from eight to nine o'clock during the other six months, and from one to two o'clock in the afternoon, through the whole year;) shall deliver to the driver of every load of hay or straw weighed, a certifi1 An ordinance relating to the weighing of hay and other articles, passed August 20, 1850. 184 HAY AND HAY SCALES. cate in such form as is hereinafter provided; and shall keep an account of all hay and other articles which shall be weighed at said scales, in books to be furnished by the mayor and aldermen, which shall be always open to their inspection, and when filled, shall be deposited with the city clerk. Form of weigh- SECT. 5. The accounts to be kept by said weighers, and ers' accounts and certificates. the certificates to be given to the drivers of loads, as menIbid. tioned in the preceding section, shall specify the name of the owner or driver, the town from which the load shall have been driven, the weight and tare, the amount of fees received, and the date of the certificate. Fees for SECT 6. The fees, for weighing hay and other articles, bhing. to be received by the said weighers, and by them paid over to the city treasurer, as provided by the city ordinances, shall be as follows, to wit: one cent and a half for every hundred pounds of hay or straw, one half of a cent for every hundred pounds of anthracite or other coal, and one cent for every hundred pounds of all other articles; provided, that the fee for weighing any article other than hay or straw shall never be less than ten cents. The cart or vehicle containing the same, and other tare, shall be weighed without any charge. And no fees shall be taken for any weighing done on account of the city. Compensation SECT. 7. The said weighers shall receive such comof weighers. Ibid. pensation as the city council may, from time to time, determine. R. S. 28, B 95-98, SECT. 8. The ninety-fifth, ninety-sixth, ninety-seventh, adopted. and ninety-eighth sections of the twenty-eighth chapter of the Revised Statutes, are hereby adopted. 185 HEALTH. STATUTES. 19. Board may grant permits for 1. Powers formerly vested in the the removal of nuisances, inboard of health for Boston, fected articles or sick persons. transferred to the city council. 20. If the infected person cannot be 2. Powers formerly vested in removed, provision to be made boards of health of towns, now for him, &c. vested in city councils of cities. 21. Persons may be stationed on 3. How such powers and duties the borders of other states, to may be exercised. Either examine, &c. branch of council, or any com- 22. Any two justices may issue mittee, may be board of health. warrants to remove sick per4. Nuisances, how and by whom sons. to be removed. Penalty. 23. One justice may issue warrant 5. Order to remove nuisance, how to secure infected articles. to be served. 24. Justices may impress houses 6. Proceedings when order is not and stores, &c., for safe keepcomplied with. Expenses, by ing of goods, &c. whom paid. 25. Officers may break open houses, 7. How expenses shall be recov- shops, &c., and command aid. ered. 26. Expenses to be paid by owners 8. Fines, &c., to whom to enure, of goods. and how recovered. 27. Town shall make compensation 9. Physician to the board of for houses, &c., or services imhealth. pressed. 10. Compensation of physician, &c. 28. Board of health may remove 11. Board of health, to make regu- the occupants of any cellar, &c., lations as to nuisances, &c. occupied as a dwelling house, 12. May make provision as to in- which is unfit for the purpose, fected articles. and a cause of nuisance, &c. 13. May make regulations as to in- 29. Removal of prisoners attacked terments, &c. with diseases in jail. 14. Notice of their regulations to 30. Return of removal to be made be published. to the court. Such removal 15. Board to examine into nuisan- shall not be an escape. ces, &c. 31. Towns may establish a quaran16. When a party is convicted of a tine ground. nuisance, the court may order 32. Two or more towns may it removed at his expense. establish common quarantine 17. Court of common pleas, &c., ground. may issue injunctions in cases 33. Board of health may establish of nuisance. the quarantine of vessels. 8. How board of health may make 34. Quarantine regulations to excompulsory examination of pre- tend to all persons, &c. mises, when refused, &c. 24 186 HEALTH. 35. To be binding on all persons 55. Adulterating drugs or mediafter public notice. cines. 36. Vessels to be ordered to quar- 56. Violation of sepulture. antine ground. 57. Penalty for selling tainted fish 37. Penalty if master, seaman, &c., for food. refuse to make answer on oath, 58. Board of health authorized to &c. cover certain flats with water. 38. Quarantine expenses to be paid 59. City authorized to establish a by such person or owner. cemetery in any town, and to 39. Board of health to provide for make rules, &c., with consent safety of inhabitants, when per- of such town. sons are infected with dangerous sickness. ORDINANCE. 40. Board to provide hospitals im- 1. Mayor and aldermen shall conmediately, when any dangerous stitute the board of health. disease breaks out unexpect- 2. Execution of health laws and edly. ordinances committed to city 41. Hospitals for the small pox, &c., marshal. may be provided by towns. 3. Consulting physicians. Their 42. To be under the orders of the duties. board of health. 4. Owners, &c., of dwellinghouses, 43. Not to be established within &c., shall furnish them with one hundred rods of houses in suitable drains and privies. an adjoining town, unless, &c. Penalty. 44. Physician and others in hos- 5. How vaults and privies shall pitals to be subject to board of be constructed. health. 6. Vaults may be connected with 45. Selectmen and board of health common sewers, by permission shall give notice of dangerous of superintendent of sewers. disease by red flags, &c. 7. Proceedings, where a suitable 46. Penalty on physicians and oth- privy, vault and drain is not ers for violating regulations. constructed. 47. Every householder to give no- 8. Offensive vaults, privies and tice of small pox, &c., in his drains shall be cleansed. family. 9. Regulations as to cleansing 48. Penalty on physicians, for not vaults and privies. giving notice of small pox, &c. 10. Applications for cleansing 49. Towns may provide for inocu- vaults. What sums shall be lation of its inhabitants, and paid therefor. defray expenses. 11. Further regulations. 50. Mayor and aldermen to assign 12. Waste water. places for offensive trades. 13. Mayor and aldermen may re51. If such place become a nui- move persons from tenements, sance, court of common pleas where too numerous, or unmay revoke, &c. provided with vaults, &c. 52. Action for damages fromr nui- 14. House offal, how to be kept. sances. 15. Manner of its removal. 53.'Selling corrupt or unwhole- 16. No filth shall be thrown out some provisions without notice. into streets, &c. 54. Adulterating food or liquors. 17. Penalty. HEALTH. 187 18. Filth, &c., mIay be removed by 36. To reside at Deer Island and order of mayor and aldermen. superintend quarantine hos19. Sale and keeping of fish regu- pital, &c. lated. 37. To keep record of cases of 20. Fish, &c., not to be sold, &c., in small pox, &c. certain streets, except, &c. 38. To keep record of his other do21. Vegetables to be divested of ings. parts not used for food. 39. Interment of dead shall be un22. Swine and goats not to be der superintendence of city regkept without license. istrar. 23. Horses and carriages not to be 40. He shall have care of burying washed in streets, &c. grounds. 24. Damaged grain, &c., not to be 41. May give licenses for burials, landed without a permit. &c. 25. City physician. 42. Dead bodies shall not be buried 26. He shall examine into nuisan- without license. ces, &c. 43. Graves shall be three feet deep. 27. His apartment. He shall vac- 44. Registrar shall provide funeral cinate inhabitants who apply, cars, &c. &c. Proviso. 45. Funeral undertakers. Porters. 28. To keep and supply vaccine No other person shall undervirus. take funeral. 29. To attend cases of disease in 46. Time for burials. Tolling of jail. bell. Funeral car. 30. To examine cases of disease 47. No grave to be dug without when called upon by mayor and permission. aldermen, &c. 48. No dead body to be removed 31. To keep record of cases of from city without license. small pox, &c. 49. No dead body to be disturbed 32. To keep reoord of doings of without license. his office. 50. No grave, &c., to be opened, ex33. Harbor master shall report to cept, &c., without permission. city physician vessels having 51. Burial fees. hides, &c. 52. Mayor and aldermen may make 34. Master of such vessel shall give regulations in relation to internotice to the harbor master or ment. city physician. 53. Penalty for offences against 35. Port physician. this ordinance. STATUTES. 1. By the seventeenth section of the act establishing the Powers formerly vested in the city of Boston, all the power and authority by law vested board of health of Boston, transin the board of health for the town of Boston, at the time of ferred to the city council. the passage of the said act, relative to the quarantine of 1821, 110, ~ 17. vessels, and relative to every other subject whatsoever, was transferred to, and vested in the city council, to be carried into execution by the appointment of health commissioners, 188 HEALTH. or in such other manner as the health, cleanliness, comfort, and order of the said city might in their judgment require, subject to such alterations as the legislature might from time to time adopt. I Powers formerly 2. By the act of May 2, 1849, it was provided that all vested in boards of health of the powers vested in, and the duties prescribed to boards towns, now vested in city of health of towns, by the general laws, should be vested in, councils of cities. 1849, 211, ~ 1. and prescribed to city councils of cities, in case no special provision to the contrary was made in such laws themselves, or in the special laws applicable to any particular city. How such pow- 3. The powers and duties above named, may be exerers and duties may be exer- cised and carried into effect by city councils, in any mancised. Ibid, ~ 2. ner which they may prescribe, or through the agency of any persons to whom they may delegate the same, notwithstanding a personal exercise of the same, collectively or individually, is prescribed in the instance of towns, as above Either branch of referred to. And city councils are authorized to constitute council, or any committee, may either branch, or any committee of their number, whether be board of health. joint or separate, the board of health for all, or for particular purposes, within their own cities. Nuisances, how 4. Whenever any nuisance, source of filth, or cause of and by whom to be removed. sickness, shall be found on private property, within any Ibid, ~ 3. 7 Pick. 76. city, the board of health, or health officer, shall order the Penalty. owner, or occupant thereof, to remove the same, at his own expense, within twenty-four hours, or such other time as they shall deem reasonable, after notice served, as provided in the succeeding section; and if the owner, or occupant, 1 It is not only the right but the duty of the city government of Boston, so far as they may be able, to remove every nuisance which may endanger the health of the citizens. And they have necessarily the power of deciding in what manner this shall be done, and their decision is conclusive, unless they transcend the powers conferred on them by the city charter. Police regulations to direct the use of private property so as to prevent its being pernicious to the citizens at large, are not void although they may in some measure interfere with private rights without providing for compensation. The property of a private individual may be appropriated to public use in connexion with measures of municipal regulation, and in such case compensation must be provided for, or the appropriation will be unconstitutional and void. Baker v. City of Boston, (12 Pick. Rep. 184.) HEALTH. 189 shall neglect so to do, he shall forfeit a sum not exceeding twenty dollars, for every day during which he shall knowingly permit such nuisance or cause of sickness to remain, after the time prescribed, as aforesaid, for the removal thereof. 5. The order mentioned in the last section shall be Order toremove nuisances, how communicated by a written notice, served personally upon to be served. the owner or occupant, or their authorized agent, by any 1849 211, 4 person competent to serve a notice in a civil suit; or such notice may be left at the owner, occupant, or agent's last and usual place of abode, if the same be known, and is within the state; and if the owner or agent's residence is unknown, or without the state, the premises being unoccupied, then such notice may be served by posting up the same on the premises, and by advertising in one or more public newspapers, in such manner, and for such length of time, as the board of health, or health officer, shall deem expedient. 6. If the owner or occupant shall not comply with the Proceedings when order is order above mentioned, the board of health may cause the not complied with. said nuisance, source of filth, or cause of sickness, to be Ibid,t 5. removed, and all expenses, incurred thereby, shall be paid Expenses, by whom paid. by the said owner or occupant, or by such other person as shall have caused or permitted the same, if such owner or occupant, or such other person, shall have had actual notice from the board of health of the existence of said nuisance, source of filth, or cause of sickness. 7. All expenses incurred by any town or city in the How expenses shall be recovremoval of nuisances, or for the preservation of the public ered. health, and which are recoverable of any private person or corporation, by virtue of any provisions of law, may be sued for and recovered in an action of debt before any court having jurisdiction of the amount claimed. 8. All fines and forfeitures incurred under the general Fines, &c., to whom to enure, laws, or the special laws applicable to any town or city, or and how recovered. the ordinances, by-laws and regulations of any town or city, Ibid, o 7. relating to health, shall enure to the use of such town or sn.(v. J.. March T. 1850. city; and may be recovered by complaint, in the name of the treasurer, before any justice of the peace of the county, 190 HEALTH. or police court of the city, in which the offence may have been committed. I Physician to the 9. Every board of health may appoint a physician to board of health. R. S. 21, t 3. the board, who shall hold his office during their pleasure. Compensation of 10. The board of health shall establish the salary or physician, &c. Ibid, Q 4. -other compensation of such physician, and shall regulate all fees and charges of every person employed by them in the execution of the health laws and of their own regulations. Board of health, 11. The board of health shall make such regulations to make regulations as to nui- respecting nuisances, sources of filth, and causes of sicksances, &c. t ad o 2 Ibid, ~ 5. ness, within their respective towns,2 and on board of any vessels in their harbors, as they shall judge necessary for the public health and safety; and if any person shall violate any such regulation, he shall forfeit a sum not exceeding one hundred dollars. May make pro- 12. The said board shall also make such regulations, as vision as to in fected articles. they may judge necessary for the public health and safety, Ibid ~1 6. respecting any articles which are capable of containing or conveying any infection or contagion, or of creating any sickness, when such articles shall be brought into or conveyed from their town, or into or from any vessel; and if any person shall violate any such regulations, he shall forfeit a sum not exceeding one hundred dollars. May make regu- 13. The said board shall also make all regulations, lations as to interments, &c. which they may judge necessary for the interment of the Ibid, ~ 7. dead, and respecting burying grounds in their towns. Notice of their 14. Notice shall be given, by the board of health, of all regulations to be published. regulations made by them, by publishing the same in some Ibid, Q 8. newspaper of their town, or, where there is no such newspaper, by posting them up in some public place of the town; and such notice of said regulations shall be deemed legal notice to all persons. 1 The 8th section of stat. 1849, c. 211, repealed the 10th, 11th, and 46th sections of Rev. Stat. c. 21, and so much of stat. 1816, c. 44, as is inconsistent with the provisions above given. 2 The word "town" in the Revised Statutes may be construed to include cities. R. S. 2, ~ 6, clause 17. See also stat. 1849, c. 211, ~ 1, ante, p. 188, ~ 2. HEALTH. 191 15. The board of health shall examine into all nui- Boardtoexamine into nuisances, sources of filth, and causes of sickness, that may, sances, &c. Ibid, ~ 9. in their opinion, be injurious to the health of the inhabitants 7 Pick. 76. within their town, or in any vessel within the harbor of such town, and the same shall destroy, remove or prevent, as the case may require. 1 16. When any person shall be convicted, on an indict- When a party is convicted of a ment for a common nuisance, that may be injurious to the nuisance, the court may order public health, the court may, in their discretion, order it to it removed at his expense. be removed or destroyed, at the expense of the defendant, R. S. 21, 12. under the direction of the board of health of the town, where the nuisance is found; and the form of the warrant to the sheriff, or other officer, may be varied accordingly. 17. The court of common pleas, or any one of the jus- Court of common pleas, &c., tices thereof, in term time or vacation, may, in all cases, mav issue injunctions, in either before or pending a prosecution for a common nui- cases of nuisauce. sance affecting the public health, issue an injunction to stay Ibid, 13. or prevent the same, until the matter shall be decided by a jury or otherwise; and may issue all such other writs and processes, and make all such orders and decrees, according to the course of proceedings in chancery, as may be necessary or proper to enforce such injunction; and may dissolve the same, when the court or any one of the said justices shall think it proper. 18. Whenever the board of health shall think it neces- How board of health may sary, for the preservation of the lives or health of the in- make compulhabitants, to enter any land, building or vessel, within their tion of premises, when retown, for the purpose of examining into, and destroying, fused, &c. removing or preventing any nuisance, source of filth, or Ibid,' 14. cause of sickness, and shall be refused such entry, any member of the board may make complaint, under oath, to any justice of the peace of his county, stating the facts of the case, so far as he has knowledge thereof, and such justice may thereupon issue a warrant, directed to the sheriff or either of his deputies, or to any constable of such town, commanding them to take sufficient aid, and, being accom1 The 10th and 11th sections of the 21st chapter of the Revised Statutes were repealed by stat. 1849, c. 211, ~ 8. 192 HEALTH. panied by any two or more members of said board of health, between the hours of sunrise and sunset, to repair to the place where such nuisance, source of filth or cause of sickness complained of, may be, and the same to destroy, remove or prevent, under the directions of such members of the board of health. Board may grant 19. The board of health may grant permits for the repermits for the removal of nui- moval of any nuisance, infected article or sick person, sances, infected articles, or sick within the limits of their town, when they shall think it persons. Ibid, 15i. safe and proper so to do. 1 If the infected 20. When any person, coming from abroad, or residing person cannot be removed, in any town within this state, shall be infected, or shall provision to be made for him, lately before have been infected, with the plague, or other &C. 3hid, ~ 17. sickness, other than small pox, dangerous to the public See' 39, health, and the infected person cannot be removed, without p. 197,pest. danger to his health, the board of health shall make provision for him, as directed in the sixteenth section of the twenty-first chapter of the Revised Statutes,2 in the house in which he may be; and, in such case, they may cause the persons in the neighborhood to be removed, and may take such other measures, as they shall judge necessary, for the safety of the inhabitants. Persons may be 21. The board of health of any town near to, or borderstationed on borders of other ing upon, either of the neighboring states, may appoint, by states, to examine, &c. writing under their hands, suitable persons to attend at any. S.* 2 * places, by which travellers may pass from infected places in other states; and the persons, so appointed, may examine such passengers, as they may suspect of bringing with them any infection, which may be dangerous to the public 1 The 16th section of the 21st chapter of the Revised Statutes was repealed by stat. 1837, c. 244, ~ 3. 2 The section here referred to, which was repealed by stat. 1837, c. 244, ~ 3, provided, that, in case of such infection, the board of health "shall make effectual provision, in the manner in which they shall judge best, for the safety of the inhabitants, by removing such sick or infected person to a separate house, if it can be done without danger to his health, and by providing nurses, and other assistance and necessaries, which shall be at the charge of the person himself, his parents or master, if able, otherwise at the charge of the town to which he belongs; and, in case such person is not an inhabitant of any town, then at the charge of the commonwealth." HEALTH. 193 health, and, if need be, may restrain them from travelling, until licensed thereto by the board of health of the town, to which such person may come; and any passenger, coming from such infected place, who shall, without license as aforesaid, travel within this state, unless it be to return by the most direct way to the state from whence he came, after he shall be cautioned to depart by the persons appointed as aforesaid, shall forfeit a sum not exceeding one hundred dollars. 22. Any two justices of the peace may, if need be, Any two justices may issue make out a warrant, directed to the sheriff of the county, warrants to remove sick peror his deputy, or to any constable, requiring them, under sons. Ibid, ~ 19. the direction of the board of health, to remove any person, infected with contagious sickness, or to impress and take up convenient houses, lodging, nurses, attendants, and other necessaries for the accommodation, safety and relief of the sick. 23. Whenever, on the application of the board of health, One justice may issue warrant to it shall be made to appear to any justice of the peace, that secure infected articles. there is just cause to suspect that any baggage, clothing or Ibid, ~ 20. goods, of any kind, found within the town, are infected with the plague or any other disease, which may be dangerous to the public health, such justice of the peace shall, by warrant, directed to the sheriff or his deputy, or to any constable, require him to impress so many men, as said justice shall judge necessary, to secure such baggage, clothing or other goods, and to post said men as a guard over the house or place, where such baggage, clothing or other goods shall be lodged; which guard shall take effectual care to prevent any persons removing or coming near to such baggage, clothing or other goods, until due inquiry be made into the circumstances thereof. 24. The said justice may also, by the same warrant, if Justices may impress houses and it shall appear to him necessary, require the said officers, stores, &c., for safe keeping of under the direction of said board of health, to impress and goods, &c. take up convenient houses or stores, for the safe keeping of Ibid,; 21. such baggage, clothing or other goods; and the board of health may cause them to be removed to such houses or stores, or to be otherwise detained, until they shall, in 25 194 HEALTH. the opinion of the said board of health, be freed from infection. Officers may 25. The said officers, in the execution of such warrant, break open houses, shops, shall, if need be, break open any house, shop, or other &c., and comand, aid. place mentioned in said warrant, where such baggage, Ibid clothing, or other goods, shall be; and they may require such aid, as shall be necessary to effect the execution of the warrant; and all persons shall, at the command of either of the said officers, under a penalty not exceeding ten dollars, assist in the execution of the warrant. Expenses to be 26. The charges of securing such baggage, clothing or paid by owners of goods. other goods, and of transporting and purifying the same, Ibid, Q s3. shall be paid by the owners thereof, at such rates and prices, as shall be determined by the board of health. Town shall 27. Whenever the sheriff or other officer shall impress make compensation for houses, or take up any houses, stores, lodging, or other necessaries, &c., or services impressed. or shall impress any men, as provided by law, the several Ibid, ~ 24. parties interested shall he entitled to a just compensation therefor, to be paid by the town, in which such persons or property shall have been so impressed. Board of health 28. Whenever the board of health of any city or town may remove the occupants of any shall be satisfied, upon due examination, that any cellar, cellar, &c., occupied as a dwell- room, tenement, or building, occupied as a dwelling place, ing-house,which is,nfit for the within such city or town, is unfit for that purpose, and a purpose, and a cause of nui- cause of nuisance or sickness, either to the occupants or to sance, &c. s185, 108. the public, such board of health may issue a notice in writing, to such persons, or any of them, requiring them to remove from, or quit such cellar, room, tenement, or building, within such time as the said board of health may deem reasonable. And if the person or persons so notified, or any of them, shall neglect or refuse so to remove and quit, within the time mentioned, it shall be lawful for such board of health to remove them forcibly, and to close up such cellar, room, tenement, or building, and the same shall not be again occupied as a dwelling place, without the consent in writing, of the board of health, under a penalty of not less than ten, nor more than fifty dollars, to be recovered by indictment of the owner or owners, if they shall have knowingly permitted the same to be so occupied. HEALTH. 195 29. Whenever any person, confined in any common Removal of prisoners atjail, house of correction, or work house, shall be attacked tacked with diseases in jail. with any disease which, in the opinion of the physician of R.. 21, J 25. the board of health, or of such other physician as they may consult, shall be considered dangerous to the safety and health of the other prisoners, or of the inhabitants of the town, the board of health shall, by their order in writing, direct the removal of such person to some hospital, or other place of safety, there to be provided for and securely kept, so as to prevent his escape, until their further order; and if such person shall recover from the disease, he shall be returned to the said prison or other place of confinement. 30. If the person so removed shall have been committed Return of removal to be by order of any court, or under any judicial process, the made to the court. order for his removal, or a copy thereof, attested by the Ibid, Q 26. presiding member of said board of health, shall be returned by him, with the doings thereon, into the office of the clerk of the court, from which the process was issued for committing such prisoner; and no prisoner, removed as aforesaid, Such removal shall not be an shall be considered as having thereby committed an escape. escape. QUARANTINE. 31. Any townl may establish a quarantine ground, in Towns mayestablish a quarany suitable place, either within or without its own limits; antine ground. provided, that, if such place shall be without its limits, the bid 27. assent of the town, within whose limits it may be established, shall be obtained therefor. 32. Any two or more towns may, at their joint expense, Two or more towns may esestablish a quarantine ground for their common use, in any tablish comrmon quarantine suitable place, either within or without their own limits; ground. provided, that if such place shall be without their limits, Ibid, 28. they shall obtain the assent of the town, within whose limits such place may be. 33. The board of health in each seaport town may, from Board of health may establish time to time, establish the quarantine, to be performed by the qlarantine of vessels. all vessels arriving within the harbor of such town; and Ibid, 2p9. 1 See note to ~ 11, ante. 196 HEALTH. may make such quarantine regulations, as they shall judge necessary for the health and safety of the inhabitants. Quarantine 34. The quarantine regulations, so established, shall regulations to extend to all extend to all persons, and all goods and effects, arriving in persons, &c. Ibid, ~ 30. such vessels, and to all persons, who may visit or go on board the same. To be binding 35. The quarantine regulations aforesaid, after notice on all persons after public thereof shall have been given, in the manner above pronotice. Ibid, g 31. vided, shall be observed by all persons; and any person who See ~ 14, ante, p. 19o. shall violate any such quarantine regulation, shall forfeit a sum not less than five dollars, nor more than five hundred dollars. Vessels to be or- 36. The board of health, in each seaport town, may, at dered to quarantine ground. all times, cause any vessel arriving in such port, when such. S. 21 32. vessel or the cargo thereof shall in their opinion be foul or infected, so as to endanger the public health, to be removed to the quarantine ground, and be thoroughly purified, at the expense of the owners, consignees, or persons in possession of the same; and they may also cause all persons, arriving in or going on board of such infected vessel, or handling such infected cargo, to be removed to any hospital under the care of said board of health, there to remain under their orders. Penalty ifmas- 37. If any master, seaman or passenger, belonging to ter, seamen, &c., refuse to make any vessel, on board of which any infection may then be, answer on oath, &c. or may have lately been, or suspected to have been, or Ibid, O 33. which may have been [at], or which may have come from, any port where any infectious distemper prevails, that may endanger the public health, shall refuse to make answer on oath to such questions, as may be asked him, relating to such infection or distemper, by the board of health of the town, to which such vessel may come, (which oath any member of said board may administer,) such master, seaman or passenger so refusing, shall forfeit a sum not exceeding two hundred dollars; and, in case he be not able to pay said sum, he shall suffer six months' imprisonment. Quarantine ex- 38. All expenscs, incurred on account of any person, penses to be paid by such person vessel or goods, under any quarantine regulations, shall be or owner. Ibid, ~ 34. paid by such person, or the owner of such vessel or goods, respectively. HEALTH. 197 DANGEROUS DISEASES. 39. Whenever any person coming from abroad or resid- Board of health to provide for ing in any town in this state, shall be infected, or shall lately safety of inhabitants, when before have been infected, with the plague, or other sick- persons are infected with danness dangerous to the public health, except the small pox, gerous sickness. C b ~~~~~~~~~~~~~~~~~1837, 244, ~ 1. the board of health of said town shall make effectual provis- 1848, 119, 1. ion in the manner which they shall judge best for the safety of the inhabitants, by removing such sick or infected person to a separate house or otherwise, and by providing nurses and other assistance and necessaries; which shall all be at the charge of the person himself, his parents or master, if able, otherwise at the charge of the town to which he belongs; and in case such person is not at inhabitant of any town in this state, then at the charge of the commonwealth. 40. When any disease dangerous to the public health, Board to provide hospitals immeother than the small pox, shall break out in any town, the diately, when any dangerous board of health thereof shall immediately provide such hos- disease breaks out unexpectpital or place of reception for the sick and infected as they edly. 1837, 244, ~ 2. shall judge best for their accommodation, and the safety of 1848, 119, 5 1. the inhabitants, and such hospitals and places of reception shall be subject to the regulations of the said board of health, in the same manner as is provided in the case of established hospitals, in the succeeding sections, and the said board of health may cause such sick and infected person to be removed to such hospital or places of reception, unless the condition of the sick or infected person be such as not to admit of his removal without danger to his health, in which case the house or place where such person shall remain shall be considered as a hospital to every purpose aforesaid; and all persons residing in or in any way concerned with the same, shall be subject to the regulations of said board of health, as before provided. 41. The inhabitants of any town may establish, within Hospitals for the small pox, &c., the same town, and be constantly provided with, one or may be provided more hospitals for the reception of persons, having the small bR s. 11, 3 35. pox, or other disease, which may be dangerous to the public health. 198 HEALTH. To be under the 42. All such hospitals shall be subject to the orders orders of the board of health. and regulations of the board of health, or a committee of such town appointed for that purpose. Not to be estab- 43. No such hospital shall be established, within one lished within 100 rods of hous- hundred rods of any inhabited dwelling house, situated in es in adjoining town,unless,&c. any adjoining town, without the consent of such adjoining town.1 Physician and 44. When any hospital shall be so established, the phyothers, in hospitals, to be sub- sician, the persons inoculated or sick therein, the nurses, ject to board of health. attendants, and all persons, who shall approach or come Ibid,~ 39. within the limits of the same, and all such furniture and other articles, as shall be used or brought there, shall be subject to such regulations, as may be made by the board of health, or the committee appointed for that purpose.2 Selectmen and 45. When any disease dangerous to the public health, board of health shall give notice other than the small pox, is found to exist in any town, the of dangerous disease by red selectmen and board of health shall use all possible care to flags, &c. Ibid, 21, 41. prevent the spreading of the infection, and to give public 1838, 158. notice of infected places to travellers, by displaying red flags at proper distances, and by all other means, which in their judgment shall be most effectual for the common safety. Penalty on phy- 46. If any physician or other person, in any of the hossicians and others, for vio- pitals or places of reception before mentioned, or who shall lating regulations. attend, approach or be concerned with the same, shall vioR. S. 21, 5 42. 1838, 158. late any of the regulations lawfully made in relation thereto, either with respect to himself, or his or any other person's property, the person so offending shall, for each offence, forfeit a sum not less than ten nor more than one hundred dollars. holder htogive 47. When any householder shall know that any person notice of small within his family is taken sick of the small pox, or any other pox, &c., in his family. 43 disease dangerous to the public health, he shall immediately R. S. 21, ~ 43. 1638, 158. give notice thereof to the selectmen or board of health of the 1840, 39. 1 The 38th section of the 21ist chapter of the Revised Statutes was in effect repealed by stat. 1838, c. 158. 2 The 40th section of I. S. c. 21, was repealed by stat. 1837, c. 244, ~ 3. See also 1838, c. 158. HEALTH. 199 town in which he dwells; and if he shall refuse or neglect to give such notice, he shall forfeit a sum not exceeding one hundred dollars. 1 Penalty on phy48. When any physician shall know that any person, sicians, for ot giving notice of whom he is called to visit, is infected with the small pox, or small pox, &c. any other disease dangerous to the public health, such physi- R.1s3; 8, 4' cian shall immediately give notice thereof to the selectmen, 1840, 39. or board of health of the town in which the diseased person may be; and every physician, who shall refuse or neglect to give such notice, shall forfeit for each offence a sum not less than fifty nor more than one hundred dollars. 49. Each town may, at any meeting, make suitable pro- Towns may vision for the inoculation of the inhabitants with the cow chulation of its pox, under the direction of the board of health of each defray expenses, -. [bid, ~ 45. town, or of a committee chosen for that purpose; and they shall raise all necessary sums of money, to defray the expenses of such inoculation, in the same manner as other town charges are paid. 2 OFFENSIVE TRADES. 50. The mayor and aldermen of the city of Boston, Mayorand aldermen to assign when they shall judge it necessary, shall, from time to time, places for offenassign certain places for the exercising of any trade or em- Ibid,; 47. ployment, offensive to the inhabitants, or dangerous to the public health; and they shall forbid the exercise of either of them in places not so assigned; and all such assignments shall be entered in the records of the city; and they may be revoked, when the city officers shall think proper. 51. When any place or building so assigned shall be- Ifsuch place become a nuicome a nuisance, by reason of offensive smells or exhala- sance, court of common pleas tions proceeding from the same, or shall become otherwise mnay revoke, &C hurtful or dangerous to the neighborhood or to travellers, and the same shall be made to appear, on a trial before the court of common pleas for the county, upon a complaint 1 The stat. 1838, c. 158, repealed so much of R. S. c. 21, ~~ 16, 17, 38, 40, 41, 42, 43 and 44, as relates to the small pox; but stat. 1840, c. 39, repealed so much of stat. 1838, c. 158, as related to said 43d and 44th sections. 2 Section 46 of R. S. c. 21, was repealed by stat. 1849, c. 211, ~ 8. 200 HEALTH. made by the board of health or by any other person, the said court may revoke such assignment, and prohibit the further use of such place or building, for the exercise of either of the aforesaid trades or employments, and may cause such nuisances to be removed or prevented. Action for dam- 52. Any person, injured either in his comfort or the ages from nuisances. enjoyment of his estate, by any such nuisance, may have Shiaw v. Cum- an action on the case, for the damage sustained thereby; miskey, 7 Pick. 76. in which action, the defendant may plead the general issue and give any special matter in evidence. GENERAL PROVISIONS. Selling corrupt 53. If any person shall knowingly sell any kind of disor unwholesome provisions, with- eased, corrupted, or unwholesome provisions, whether for out notice. R. s. 131, 1. meat or drink, without making the same fully known to the buyer, he shall be punished by imprisonment in the county jail, not more than six months, or by fine not exceeding two hundred dollars. Adulterating 54. If any person shall fraudulently adulterate, for the food or liquors. Ibid, ~2. purpose of sale, any substance intended for food, or any wine, spirits, malt liquor or other liquor, intended for drinking, with any substance injurious to health, he shall be punished by imprisonment in the county jail, not more than one year, or by fine not exceeding three hundred dollars, and the articles so adulterated shall be forfeited and destroyed. Adulteraling 55. If any person shall fraudulently adulterate, for the drugs or medicines. purpose of sale, any drug or medicine, in such a manner as Ibid, ~ 3. to render the same injurious to health, he shall be punished by imprisonment in the county jail, not more than one year, or by fine not exceeding four hundred dollars, and such adulterated drugs and medicines shall be forfeited and destroyed. Violation of 56. If any person, not being authorized by the board of sepulture. R. S. 130, ~ 19. health, overseers of the poor, directors of any work house, or selectmen of any town, or by the directors of the house of industry, overseers of the poor, or mayor and aldermen of the city of Boston, shall wilfully dig up, disinter, remove or convey away any human body, or the remains thereof, HEALTH. 201 or shall knowingly aid in such disinterment, removal or conveying away, every such offender, and every person accessory thereto, either before or after the fact, shall be punished by imprisonment in the state prison, not more than one year, or in the county jail, not more than two years, or by fine not exceeding two thousand dollars. 57. If any person shall sell within this state, or shall Penalty for selling tainted fish export therefrom, any tainted or damaged fish, unless with for food. 1R. S. 28, ~ 90. the intent that the same shall be used for some other purpose than as food, he shall forfeit the sum of ten dollars for every hundred pounds of such fish, and in the same proportion for any other quantity thereof; and upon any trial in such case, the burden of proof shall be upon the defendant, to show for what purpose such fish was so exported or sold. 58. The board of health of the city of Boston is author- Board of health authorized to ized and empowered to cause the flats, on the westerly side cover flats in the Mill Dam of Boston, within the empty basin, between the Boston and empty basin with water. Roxbury Mill Dam and Boston Neck, or any portion of them, 1814, 39,, 5. to be kept constantly covered with water, if in the opinion of said board, it shall be necessary to the health of the inhabitants of said city; and for that purpose to cause a dam of a suitable height, at their discretion, to be placed and kept at the sluice gate or gates in the principal dam of said empty basin, in order to retain the water therein, at the sole expense of the Boston and Roxbury Mill Corporation. 59. The city of Boston is authorized to purchase and City authorized to establish a hold land, for a public cemetery, in any town in this com- cemetery in any town, and to monwealth, and to make and establish all suitable rules, or- make rules, &c., with consent ol ders, and regulations, for the interment of the dead therein, such towns. ]849, 150. to the same extent that the said city of Boston is now au- 16 Pick., 121. thorized to make such rules, orders, and regulations, for the interment of the dead within the limits of the said city; provided, that the consent of any town, in which the said cemetery is proposed to be located, shall first be obtained for the purpose. I 1 Certain provisions in relation to health, which were formerly in force in the city of Boston, but whichi appear to have been in effect repealed by late enactments, are inserted in the Appendix. 26 202 HEALTH. ORDINANCE OF THE CITY.1 Mayor and al- SECT. 1. The mayor and aldermen shall constitute the dermen shall constitute the board of health of the city, for all purposes, and shall exerboard of health. Aug. 20, 1850. cise all the powers vested in, and shall perform all the duties prescribed to, the city council as a board of health; subject only to any limitations and restrictions contained in the ordinances, regulations and orders of the city council. Execution of SECT. 2. The execution of the laws and ordinances rehealth laws and ordinances coin lating to the subject of internal health, shall be under the _nitted to city masal.ity superintendence of the city marshal and his deputies; and Ibid. it shall be their duty, and they and each of them shall have power, to enforce all laws, ordinances, regulations and orders, relating to causes of sickness, nuisances and sources of filth, existing within the city, except as is otherwise provided in this ordinance; subject always to the direction, authority and control of the mayor and aldermen. Consulting SECT. 3. In the month of May or June, annually, there physicians. Ibid. shall be appointed, by concurrent vote of the city council, Their duties. five consulting physicians, whose duty it shall be, in case of an alarm of any contagious or other dangerous disease, occurring in the city or neighborhood, to give to the mayor or either board of the city council all such professional advice and information as they may request, with a view to the prevention of such disease, and, at all convenient times when requested, to aid and assist them with their counsel and advice in all matters that relate to the preservation of the health of the inhabitants. Owners, &c., SECT. 4. The owner, agent, occupant, or other person,ouses, &c., having the care of any tenement used as a dwelling-house, shall furnish them with suit- or of any other building with which there is a privy conable drains and privies. nected and used, shall furnish the same with a sufficient Ibid. drain under ground to carry off the waste water, and also with a suitable privy, the vault of which shall be sunk under ground and built in the manner hereinafter prescribed, and of a capacity proportionate to the number of inhabitants of such tenement, or of those having occasion 1 An ordinance relating to the public health, passed August 20, 1850. HEALTH. 203 to use such privy. Any such owner, agent, occupant or Penalty. other person, who shall neglect to comply with the provisions of this section, shall be, liable to a penalty for each and every week during which such offence shall continue. SECT. 5. All vaults or privies shall be so constructed How vaults and privies shall be that the inside of the same shall be at least two feet distant constructed. from the line of every adjoining lot, unless the owner ofIbid. said adjoining lot shall otherwise agree and consent; and also from every street, lane, alley, court, square, or public place, or public or private passage way. Every vault shall be made tight, so that the contents thereof cannot escape therefrom, except as is provided in the following section. SECT. 6. The superintendent of sewers, under the direc- Vaults may be connected with tion of the mayor and aldermen, is authorized to permit, commonsewers, by permission of under such restrictions, and on the payment of such sum, superintendent of sewers. not exceeding twenty dollars, as they shall deem expedient, Ibid. the construction of sufficient passage ways or conduits under ground, for the purpose of conveying the contents of any of the vaults aforesaid into any common sewer or drain. SECT. 7. If the mayor and aldermen shall at any time Proceedings, be satisfied that any tenement, used as a dwelling-house, or privy, vault and drain, is not any such other building as is mentioned in the fourth sec- constructed. tion, is not provided with a suitable privy, and vault and I drain, or either of them as aforesaid, they may give notice in writing to the owner, agent, occupant, or other person having the care thereof, or, in case neither the owner, agent, or person having the care thereof, is an inhabitant of the city, public notice in two newspapers printed in Boston, requiring such owner, agent, occupant or other person, within such time as they shall appoint, to cause a proper and sufficient privy and vault and drain, or either of them, to be constructed for such tenement or other building; and in case of neglect or refusal to obey such notice, the mayor and aldermen shall have power to cause such privy and vault and drain to be made for such tenement or other building, the expense of which shall be paid by such owner, agent, occupant or other person; and in case any such drain, vault, or privy is constructed as aforesaid for 204 HEALTH. the use of more than one house, then the owner, agent, occupant, or other person having the charge of each of such houses, shall be liable to pay a proportional part of such expense. Offensive SECT. 8. Whenever any vault, privy or drain, shall bevattults, privies anddrains, shall come offensive or obstructed, the same shall be cleansed be cleansed. Ibid. and made free; and the owner, agent, occupant, or other person having charge of the land, in which any vault or privy or drain may be situated, the state and condition of which shall be in violation of the provisions of this ordinance, shall remove, cleanse, alter, amend, or repair the same, within a reasonable time after notice in writing to that effect, given by the mayor, any alderman, or the city marshal. In case of neglect or refusal, for the space of five days, the mayor and aldermen shall cause the same to be removed, cleansed, altered, amended or repaired, as they may deem expedient, at the expense of the owner, agent, occupant, or other person as aforesaid, and such owner, agent, occupant or other person, shall also be liable to a penalty. Regulations as SECT. 9. No vault or privy shall be emptied, without a to cleansing vaults and permit from the city marshal, or his deputy; nor in any privies, Ibid. other mode, or at any other time, than he shall direct and appoint; conformable to such regulations and contracts as the mayor and aldermen from time to time shall make on the subject, and always at the expense of the owner, agent, occupant, or other person having charge of the tenement in which such vault is situated. Applications SECT. 10. A book shall be kept in the office of the city for cleansing vaults. marshal, in which shall be entered all applications for opening and cleansing vaults; and the same shall receive attention in the several wards in the order in which they are What sulms made. The mayor and aldermen shall from time to time shall be paid therefor. determine the sum to be paid by persons who shall make such applications between the fifteenth day of September and the first day of March; and all persons making such application between the first day of March and the first day of June, shall be charged and shall pay double the amount so determined; and all persons making such appli HEALTH. 205 cation between the first day of June and the fifteenth day of September, shall be charged and shall pay at least three times the amount so determined. SECT. 11. No vault shall be opened between the first Further regulations. day of June and the fifteenth day of September, in each Ibid. year; unless, on inspection caused to be made, the city marshal or his deputy shall be satisfied of the necessity of the same, for the health or comfort of the inhabitants. In such case, no more of the contents shall be taken away, than they or either of them shall deem to be absolutely necessary for present safety and relief, and such precautions shall be used relative to the preventing of any offensive effluvia, as they, or either of them shall direct, at the expense of the owner, agent, occupant, or other person having charge of the premises. SECT. 12. All waste water shall be conveyed through Wastewater. Ibid. sufficient drains under ground, to a common sewer, or to such reservoir, sunk under ground, as shall be approved by the superintendent of sewers. And no person shall suffer any waste or stagnant water to remain in any cellar or upon any lot or vacant ground by him owned or occupied. SECT. 13. Whenever, upon due examination, it shall Mayor and alof dermen may reappear to the mayor and aldermen, that the number ofmove persons from tenements, persons occupying any tenement or building in the city is where too nuso Z asj~ ~~~ ~ tol~ * *...merous, or unso great as to be the cause of nuisance and sickness, and provided with vaults, &c. the source of filth; or that any tenements or buildings are Ibid. not furnished with vaults constructed according to the provisions of this ordinance, and sufficient privies, and drains under ground, for waste water, they may thereupon issue their notice, in writing, to such persons or any of them, requiring them to remove from and quit such tenement or building within such time as the mayor and aldermen shall deem reasonable. And if the person or persons so notified, or any of them, shall neglect or refuse to remove from and quit such tenement or building within the time mentioned in such notice, the mayor and aldermen are hereby authorized and empowered thereupon forcibly to remove them; and such person or persons shall further be liable to a penalty for such neglect or refusal. 206 HEALTH. House offal, SECT. 14. All house offal, whether consisting of animal how to be kept. Ibid. or vegetable substance, shall be deposited in convenient vessels, and kept in some convenient place, to be taken away by the city scavengers, which shall be done not less than twice in each week. Manner of its SECT. 15. No person shall remove or carry, in, along, removal. Ibid. or through, any of the streets, squares, courts, lanes, avenues, places, or alleys, of the city of Boston, any house dirt, or house offal, or any refuse substances, either animal or vegetable, from any of the dwelling-houses or other places in the city, unless such person so removing or carrying the same, and the mode in which the same shall be removed or carried, shall have been expressly licensed by the mayor and aldermen, upon such terms and conditions as they shall deem the health and interest of the city require. 1 No filth shall be SECT. 16. No person, without the license of the mayor thrown out into streets, &c. and aldermen, shall throw into, or leave in or upon, any Ib~id.' street, court, square, lane, alley, wharf, public square, publie enclosure, vacant lot, or any pond or body of water within the limits of the city, any dead animal, dirt, sawdust, soot, ashes, cinders, shavings, hair, shreds, manure, oyster, clam or lobster shells, waste water, rubbish or filth of any kind, or any refuse animal or vegetable matter whatsoever. Nor shall any person throw into, or leave in or upon any dock, flats or tide water within the jurisdiction of the city, any dead animal or other foul or offensive matter, except as provided in the nineteenth section of this ordinance. Penalty. SECT. 17. If any of the substances, in the preceding Ibid. section mentioned, shall be thrown or carried from any house, warehouse, shop, cellar, yard, or other place, or left in any of the places specified in the preceding section, the owner of such house, warehouse, shop, cellar, 1 A by-law of Boston, prohibiting any person not duly licensed therefor by the mayor and aldermen from removing the house dirt and offal from the city, is valid, and binds a stranger coming within the city. Vandine's case, (6 Pick. Rep. 187.) HEALTH. 207 yard, or other place, as aforesaid, as well as the occupant thereof, and the person who actually threw, carried or left the same, or who caused the same to be thrown, carried or left, shall severally be held liable for such violation of this ordinance; and all such substances shall be removed from the place where they have been so thrown or left as aforesaid, by such owner or occupant, within two hours after personal notice in writing to that effect, given by the mayor, any alderman, or the city marshal; or such removal shall be made under the direction of either of the officers just named, and the expense thereof borne by such owner or occupant. SECT. 18. All dirt, saw dust, soot, ashes, cinders, shav- Filth, &c., may be removed by ings, hair, shreds, manure, oyster, clam or lobster shells, order of mayor and aldermen. waste water, or any animal or vegetable substance, rubbish Ibid. or filth of any kind, in any house, warehouse, cellar, yard, unaccepted street, or other place, which the mayor and aldermen shall deem injurious to the health of the city, shall be removed by the owner, or occupant, of such house, warehouse, cellar, yard, unaccepted street, or other place, where the same shall be found, within twenty-four hours, or such other time as the mayor and aldermen shall deem reasonable, after notice in writing to that effect, served personally upon the owner, or occupant, or their authorized agent, by any person competent to serve a notice in a civil suit, or left at the owner, occupant or agent's last and usual place of abode, if the same be known and be within the state; or such removal shall be made under the direction of the mayor and aldermen, and the expense thereof borne by such owner or occupant, and in addition, they or either of them shall be liable to a penalty. SECT. 19. No person shall bring into the city for sale, Sale and keepnor shall sell, nor offer for sale, any halibut, cod, haddock lated. or mackerel, until the same shall have been cleansed of their entrails and refuse parts; and such entrails and refuse parts shall be thrown overboard, below low.water mark; and shall never be kept beyond the flowing of the tide next after such fish are so cleansed; and until so thrown overboard, they shall be kept, in a safe manner, on 208 HEALTH. board the vessels or boats in which the fish were brought. And no person shall sell and deliver, from any stall, fish box, cart, or other place, any fish of any kind, except flounders, smelts, and other small fish, salmon and shad, until the same shall have been cleansed of their entrails and refuse parts; and such entrails and refuse parts shall be kept in some tight vessel until the same shall be thrown into the sea below low water mark, which shall be done within twenty-four hours after the fish shall have been so cleansed. And no person shall sell, or offer for sale in the city, fish of any kind, unless the same be kept in covered stalls, fish boxes or other houses, which shall always be clean and in good order, or in clean covered carts or boxes, well secured from the rays of the sun. Fish, &c., not be SECT. 20. No person shall sell, or offer for sale, in the sold, &c., in certain streets, street, any fish, lobsters, oysters, or shell-fish of any kinds ibid. in Market square, Merchants row, South Market street, North Market street, or the street running from Long wharf to Clinton street, or in that part of Washington street between Hayward place and Kneeland street, those parts of Kneeland, Beach and Essex streets, between Front and Washington streets, nor in those parts of Boylston and Eliot streets between Tremont and Washington streets, except by permission of the mayor and aldermen, and on such conditions as they shall order. Vegetables to be SECT. 21. No person shall bring into the city, or have divested of parts not used for food. in his possession for sale, or shall sell or offer for sale within Ibid. the city, any vegetables whatever, (excepting green peas in the pods, and green corn in the inner husks,) which have not previously been divested of such parts or appendages as are not commonly used for food; and no person shall have such parts or appendages in his possession, in any public or private market, or in any store, shop or other place, or in any cart or vehicle in said city, used or occupied for the sale of vegetables or other articles of food. Swine and goats SECT. 22. No swine or goats shall be kept within the not to be kept without license. limits of the city, without the license of the mayor and alderIbid. mn, and only in such place and manner as they shall direct. HEALTH. 209 SECT. 23. The owners and occupants of livery and other Horses and carriages not to be stables within the city, shall not wash or clean their car- washed in streets, &c. riages or horses, or cause them to be washed or cleaned, in Ibid. the streets or public ways, nor otherwise encumber the same; they shall keep their stables and stable yards clean, and shall not permit more than two cart loads of manure to accumulate and remain in or near the same, at any one time between the first day of May and the first day of November; nor shall they, within that period, remove any manure, nor cause or suffer the same to be removed, except between the hour of twelve at night and two hours after sunrise. SECT. 24. No person shall land on any wharf or other Damaged grain, &c., not to be place, or shall otherwise bring into the city, any decayed landed without a permit. or damaged grain, rice, coffee, fruit, potatoes, or otherIbid. vegetable product, without a permit therefor from the mayor and aldermen, and in such manner as they shall direct. CITY PHYSICIAN. SECT. 25. There shall be chosen annually in the month ICty physician. of May, and whenever a vacancy occurs, by concurrent vote of the two branches of the city council, a city physician, who shall hold his office until a successor is appointed or he is removed. He shall be removable at the pleasure of the city council, and shall receive such compensation as the said council may from time to time determine. SECT. 26. The said physician shall examine into all He shallexamine into nuinuisances, sources of filth and causes of sickness, which sances, &c. may be on board of any vessel at any wharf within the harbor of Boston, or which may have been landed from any vessel on any wharf, or other place, when notified of the same; and, under the direction of the mayor and aldermen, shall cause the same to be removed or destroyed. SECT. 27. There shall be provided by the city council His apartment. a suitable apartment for the city physician, free of expense to him; at which place he shall attend, at such times as the mayor and aldermen may direct; and he shall vaccinate, He shall vaccinate inhabitants without charge, any inhabitant of Boston, not previously who apply, &c. vaccinated, who may apply for that purpose; he shall also give certificates of vaccination to such children as have 27 210 HEALTH. been vaccinated and shall require such certificates for adProviso. mission to the public schools: provided, that no person shall be entitled to the benefits of this section, who shall wilfully neglect or refuse to return to the office of the city physician, when requested by him, for the purpose of enabling him to ascertain the effect of the vaccination, or to renew the necessary supply of virus for the use of said office. To keep atd SECT. 28. The said city physician shall always have on supply vaccine virus. hand, as far as is practicable, a sufficient quantity of vaccine virus, and he shall supply the physicians of the city institutions, and the dispensary, with the same, without expense to them. To attend cases SECT. 29. The said city physician shall attend upon all of disease in jail. Ibid. cases of disease in the jail of the county of Suffolk, and shall perform all the professional services required at said jail. To examine SECT. 30. The said city physician shall examine all cases of cases of disease, when called disease, within the city, and inquire into all sources of danupon by mayor and aldermen, ger to the public health, whenever he shall be called upon &c. Ibid. by the board of mayor and aldermen, or the overseers of the poor, and shall give his professional services and advice therein without charge. Tn keep record SECT. 31. The city physician shall keep a record of all of cases of small pox, &c. cases of small pox, or other malignant diseases, attended by Ibid. him under this ordinance, and shall make such reports thereof to the mayor and aldermen, as they may from time to time direct. SECT. 32. The said city physician shall also keep a corTo keep record of doings of his rect record of all the doings of his office, and shall make a office. Ibid. regular return thereof to the city council, as often as once in three months. Harbor master SECT. 33. Whenever any vessel shall arrive in the city physiciant harbor o f Boston, between the first day of April and the vessels having hides, &c. fifteenth day of November in any year, having on board Ibid. any hides, hide cuttings, skins, rags, or fruit, it shall be the duty of the harbor master to give immediate notice thereof to the city physician. Master of such SECT. 34. It shall be the duty of every master and notice toshbo consignee of any vessel, arriving within the time fixed in HEALTH. 211 the preceding section, and containing the articles therein masteror city physician. named, or any of them, to give immediate notice of the ar- Ibid. rival of such vessel to the harbor master or the city physician. PORT PHYSICIAN. SECT. 35. There shall be chosen annually in the monthPort physician. of May, and whenever a vacancy occurs, by concurrent vote of the two branches of the city council, a port physician, who shall hold his office until a successor is appointed or he is removed. He shall be removable at the pleasure of the city council, and shall receive such compensation as the said council may from time to time determine. SECT. 36. The said port physician shall reside at Deer To reside at Deer Island and Island, which is hereby made and declared to be the place superintend quarantine hosof quarantine for the port of Boston. He shall be superin- pital, &c. tendent of the quarantine hospital, and physician to all the city establishments which are or may be located upon said island, and which shall not be otherwise provided for. He shall also perform all such services as may be required of him by the city council or the mayor and aldermen in relation to quarantine. SECT. 37. The said port physician shall keep a record To keep record of cases of small of all cases of small pox, or other malignant diseases, at- pox, &c. tended by him under this ordinance, and shall make such reports thereof to the mayor and aldermen, as they may from time to time direct. SECT. 38. The said port physician shall also keep a To keepl record of his other correct record of his other doings, and shall make a regular doings. return thereof to the city council, as often as once in three months. INTERMENT OF THE DEAD. SECT. 39. The department relative to the interment of Interment of dead shail be unthe dead is placed under the superintendence of the city der suerintendregistrar, whose duty it shall be, and he shall have power, registrar. to carry into execution all laws, ordinances, regulations and Ibid. orders relating to the interment of the dead, subject al 212 HEALTH. ways to the direction, authority and control of the mayor and aldermen. He shall have SECT. 40. The said registrar shall have the care and care of burying grobiunds. custody of all the burying grounds in the city, and it shall be his duty to keep the same in good repair, and secured from trespassers, and to prevent any and all nuisances therein. May give licen- SECT. 41. The said registrar is authorized to give lises for burials, &c. censes for burials, and the removal of dead bodies from the Ibid. city, and to point out the place, depth, width and range of all graves to be dug in the several burying grounds, and to declare the limits in such grounds, within which no grave shall be dug, which in his judgment would be dangerous to the public health. Dead bodies SECT. 42. No person shall bury or inter, or cause to be shall not be buried without buried or interred, any dead body, without having first license. Ibid. obtained a license so to do from the city registrar, nor in violation of any direction or order of the said registrar, given in accordance with the preceding section. Graves shall be SECT. 43. No person shall inter, or cause to be interred three feet deep. Aug. 20, 1850. any dead body in a grave which shall be less than three feet deep from the surface of the ground surrounding the grave to the top of the coffin. Registrar shall SECT. 44. The said registrar shall provide all funeral provide funeral cars, &c. cars used in the city, and shall have the care and custody Ibid. of the same. He shall cause them to be kept clean and in good repair, and shall permit no person to use the same except funeral undertakers, appointed by the mayor and aldermen, as provided in the following section. Funeral under- SECT. 45. In the month of January, annually, the takers. Ibid. mayor and aldermen shall appoint, for a period of one year, such a number of funeral undertakers as they may deem expedient, who shall be responsible for the decent, orderly and faithful management of the funerals undertaken by them, and for a strict compliance with the ordinances of the Porters. city in this behalf. Each undertaker may employ porters, of a discreet and sober character, to assist him, and shall be accountable for their conduct; and said undertakers and porters shall always be removable at the pleasure of No other person the mayor and aldermen. No person not appointed as shall undertake the manee f ay fueral. funeral. aforesaid, shall undertake the management of any funeral. 16 Pick., 121. HEALTH. 213 SECT. 46. No person shall bury or inter, or cause to be Time for burials. buried or interred, any dead body at any other time of the Aug. 20, 1850. day than between sun-rising and sun-setting, except when otherwise ordered by the city registrar. No bell shall be Tolling of bell. tolled in the city of Boston, at any funeral, without a special permit therefor from the mayor. The corpse of every per- Funeral car. son of ten years of age and upward, shall be conveyed to the grave or tomb in a funeral car, to be drawn by not more than two horses; provided, however, that, on extraordinary occasions, permission may be obtained from the mayor and aldermen, on application for that purpose, to dispense with any of the provisions of this section. SECT. 47. No graves shall be opened or dug in any of No grave to be dug without the burying grounds in the city, excepting at East Boston permission. Ibid. and South Boston, unless by permission of the mayor and aldermen, or the city registrar. SECT. 48. No person shall remove, or cause to be re- No dead body to be removed from moved from the city, any dead body, for interment, without city without license. having first obtained the license of the city registrar. Ibid. SECT. 49. No person shall remove any dead body, or No dead body to be disturbed the remains of any such body, from any of the graves or without license. Ibid. tombs in this city, or shall disturb, break up or remove any dead body in any tomb or grave, without the license of the city registrar. SECT. 50. No grave or tomb shall be opened, from the No grave,&c.,to first day of June to the first day of October, except for the cept, &. with out permission. purpose of interring the dead, without the special permis- lbid. sion of the mayor and aldermen, or the city registrar. SECT. 51. The following fees shall be paid for services Burial fees. in the execution of this ordinance, to wit: to the city, fifty Ibid. cents for every child under the age of ten years, and one dollar for every person of the age of ten years or upwards, buried, and twenty-five cents per mile for any distance that a funeral car may be sent out of the city, which, together with the fees for graves and tombs, are to be collected by the undertaker in each and every case, from the families of the persons interred. The undertakers shall be entitled to receive the following fees, and no more, namely: —for digging a grave eight feet deep, and covering the same, two 214 HEALTH. dollars and fifty cents; for digging a grave six feet six inches deep, one dollar and fifty cents; for digging a grave five feet deep, one dollar and twenty-five cents; and for one four feet deep, one dollar. For opening and closing a tomb, seventy-five cents. For attendance and service at the house of a person deceased, in collecting and returning chairs, and other service, one dollar. For every family notified by request, five cents. For tolling a bell by special permission, fifty cents. For placing a corpse in a coffin, when requested, and removing the same down stairs, one dollar. For the use of one horse in the car, and leader, one dollar and fifty cents; and for each additional horse, seventy-five cents; and twenty-five cents each mile in addition for every horse attached to the car, when the same is sent out of the city. For carrying a corpse from the house to the car, and from the car to the grave, tomb or vault, and placing the same therein, and closing the same, including the assistance of the funeral porters, three dollars; and the same fees shall be allowed and paid in all cases of removing a corpse from any public vault, and reburying or entombing the same, as are allowed and paid for burying or entombing a corpse in any grave, vault or tomb, as aforesaid. For the burial of children, under ten years of age, to wit: for digging a grave three and a half feet deep, seventy-five cents; for service at the house, one dollar; for tolling a bell by special permission, fifty cents; for carrying the corpse to the carriage, and from the carriage to the place of deposit, one dollar; and for the use of a pall, twenty-five cents. And when a corpse shall be carried into a church for a funeral service, the undertaker may make an additional charge of two dollars; and when the ground shall be frozen, the charge for digging graves may be augmented, at the discretion of the city registrar, And it shall be the duty of the several undertakers to pay over, monthly, to the city registrar, the fees received by them on account of the city, provided for and established in this section. Mayor and al- SECT. 52. The mayor and aldermen are authorized to deren ak and any regulations to the intemaymake regula- make and adopt any regulations in relation to the inter HOUSE OF CORRECTION. 215 ment of the dead which they may deem expedient, not tions in relation to interment. inconsistent with the foregoing provisions. Ibid. SECT. 53. Every person offending against any of the Penalty for offences against provisions of this ordinance, in relation to which a penalty this ordinance. is not prescribed by the laws of the commonwealth, shall forfeit and pay a sum not less than five dollars, nor more than twenty dollars, for each offence. HOUSE OF CORRECTION. STATUTES. 13. Courts may sentence to jail or 1. House of correction for the house of correction. county of Suffolk. 14. Same subject. Certain convicts 2. House of correction to be erect- in Boston may be sent to house ed or provided. of reformation. 3. Extent and enclosure of yards. 15. Sentence of certain convicts not Jails to be used until house of before sentenced. correction is provided. 16. Sentence to solitary confine4. Master to be appointed. Rules ment and hard labor in jails, to be established. &c., how and where to be ex5. Vagabonds, &c., shall be cornm- ecuted. mitted to such house. 17. How convict shall be kept at 6. Manner of commitment. work, and confined. 7. Appointment of overseers. 18. Prisoners refusing to work, &c., Their duties. how punished. 8. Overseers to make contracts 19. Advancement of money for for work. Their compensa- tools and materials. tion. Removal. Vacancies. 20. Such moneys and proceeds of 9. Prisoners supposed to be re- labor to be accounted for. formed may be discharged. 21. How articles manufactured, &c., Their sentence if again con- shall be disposed of. victed. 22. Expense of supporting convicts, 10. Materials for work. Compen- how paid. sation of master. 23. What expense may be recover11. Master's claim for keeping, ed of towns or prisoner's kin&c., how allowed and paid. dred. Proviso. 12. Master may demand and re- 24. No allowance to be made by cover such sum as may be due. the commonwealth after July Proviso as to Boston. 1, 1839. 216 HOUSE OF CORRECTION. 25. Notice to be given to select- 43. County commissioners authormen, when vagabonds, &c., ized to provide moral and rewho have a settlement in any ligious instruction. town, are committed to house 44. Inspectors shall return a stateof correction. ment of the expense. 26. Towns not held to support per- 45. Removal of prisoners, in case sons committed to house of of pestilence. correction for offences not men- 46. Removal in case of danger from tioned in R. S. 143, ~ 5. fire. 27. Towns not liable for more than 47. Removal to different jails in $1 a week for support of pri- the same county. soners in house of correction. 48. Supply of fuel, &c., and allow28. Inspectors of prisons. Their ance therefor. duties. Keepers, masters, &c., 49. Jailer, &c., to obey orders for to make returns. furnishing specific rations, un29. Duties of inspectors. To make der penalty. reports. 50. Restraint and punishment of 30. Powers of inspectors. refractory prisoners. 31. Shall give notice of violations 51. Same subject. Recovery for of law to county attorney. damage done. 32. Inspectors to transmit copies of 52. Sheriff's and keeper's auany such information. thority. 33. Spirits and strong drink pro- 53. Punishment of prisoners for hibited, unless, &c. escaping. 34. Classification and separation of 54. Same subject. prisoners. 55. Punishment for attempting to 35. Penalties for neglect of duty escape. by sheriff, jailer, &c. 56. Secretary to prepare and trans36. Penalties for furnishing or at- mit blank forms of returns. tempting to furnish, spirits to 57. Sheriffs and overseers of prisoners. houses of correction to make 37. Regulations concerning health true yearly returns. and cleanliness ofjail and house 58. Secretary to amend form of of correction. returns, so as to give informa38. Personal cleanliness of prison- tion respecting insane and ers. Food. idiotic persons. 39. Each prisoner shall have a 59. Same subject. weekly bath, unless, &c. 60. No city or town shall erect an 40. Ventilation. almshouse or house of correc41. Instruction in reading and tion within another city or writing. town, without consent of the 42. Prisoners to havebibles. May latter. be visited by ministers. House of correc- 1. The house of correction within the city of Boston tion for Suffolk. 1824, 28, ~ 2. shall be the house of correction for the county of Suffolk.' 1 The stat. 1824, c. 28, contained several other provisions respecting the house of correction, all of which, however, although not expressly repealed, appear to be superseded by stat. 1834, c. 151, and by Rev. Stat. c. HOUSE OF CORRECTION. 217 2. There shall be erected, or otherwise provided, by Houseof correction to be erected the county commissioners, in their respective counties, and or provided. by the mayor and aldermen in the city of Boston, at the 143, charge of the said counties and city respectively, a fit and convenient house or houses of correction, where not already provided, with convenient yards and work-shops, and other suitable accommodations, adjoining or appurtenant thereto, for the safe keeping, correctingi governing and employing of all rogues, vagabonds and common beggars, all lewd, vicious, idle and disorderly persons, and all other offenders who may be committed thereto in due course of law. 3. The yards of such houses of correction shall be of Extent and enclosure of yards. sufficient extent for the convenient employment of the per- Ibid, O 3. sons confined therein, and shall be enclosed by fences of sufficient height and strength to prevent escapes, and also to prevent all access to, or communication with, any persons confined therein, by persons without. Until such house Jail; to be used, until house of of correction shall be provided, the jail in any county, or a correction is part thereof, may be used for that purpose; but every jail provided. so used shall be provided with a sufficient yard, which shall be enclosed in the manner directed in this section. 4. The commissioners in their respective counties, and Master to be appointed. the city council, in the city of Boston, shall appoint a suita- Ibid, ~ 4. ble person to be master of each house of correction, and to hold his office during their pleasure; and they shall also establish such rules and orders, not repugnant to the laws Rules to be established. of the commonwealth, as they shall deem necessary, for restraining, governing and punishing the persons there confined. 5. Any police court or justice of the peace, and also Vagabo nds, &c,s the court of common pleas and municipal court, may corn- mittse to such Ibid, ~ 5. 143, ~~ 2, 4, 11, 13, 14, 16. The act of 1825, c. 182, ~ 7, provided, that the city council might, at their discretion, establish within the city, two or more houses of correction, to be houses of correction for the county of Suffolk; and that it should be lawful for the mayor and aldermen to transfer persons held under sentence in either of said houses, to any other of said houses, when in their opinion, the health, moral improvement, or beneficial employment of such persons would be promoted thereby. 1 The rules and orders adopted by the city council, October 23, 1843, are inserted in the appendix. 28 218 HOUSE OF CORRECTION. mit to the house of correction, to be there kept and governed according to law, and to the rules and orders thereof, all rogues and vagabonds, and all idle and dissolute persons, who go about begging; all persons who use any juggling, or unlawful games or plays; common pipers and fiddlers; stubborn children, runaways, common drunkards, common night walkers, pilferers, and all lewd, wanton, and lascivious persons, in speech or behavior; common railers and brawlers, and persons who neglect their calling or employment, misspend what they earn, and do not provide for themselves, or for the support of their families; all persons, who shall sell any spiritous or fermented liquor without license, in the open air, in any booth or other temporary building, in any house, shop, room or apartment, used for the purpose of tippling or gaming, or in which tippling or gaming is allowed, or which is used for the resort of loose, lascivious, wanton, or dissolute persons; all persons who shall be convicted of stealing money or goods, not exceeding the value of five dollars, and all other idle and disorderly persons, upon conviction, in the manner hereafter provided, of any of the offences aforesaid. Manner of com- 6. When any person shall be accused of any offence, or mitment. bid,, 6. of any disorderly conduct, mentioned in the preceding section, or shall be liable, by virtue of any law of this commonwealth, to be committed, for any cause, to the house of correction of the county, or to the house of industry or workhouse established in any town, complaint shall be made in writing, under oath, to a justice of the peace for the county, or to a police court for the town where the offence shall be committed, and such magistrate shall thereupon cause the person complained of to be brought before himself, or before some other magistrate, by warrant, and upon conviction of the offence set forth in such complaint, such person may be sentenced to be committed to the house of correction for the county, or to the house of industry or workhouse, within the city or town, there to be kept at work for a term not exceeding six months; and the master, keeper, director' or overseer of such house, shall receive all persons who shall be so committed, and set them to work, if they be able, and HOUSE OF CORRECTION. 219 employ and govern them, while they remain in his custody, in the manner required by law, and prescribed by the rules and orders established for that purpose. 7. The commissioners, in their respective counties, and Appointment of overseers. the city council of Boston, may appoint two or more, not ex- Ibid, 11. ceeding five, suitable and discreet persons of the county or city, to be overseers of the house of correction therein, who Their duties. shall see that the rules established for the management of the house of correction, and the government of the persons confined therein, are strictly observed; the overseers shall examine all accounts of the master, relating to the earnings of the prisoners, and all the expenses of the institution, and they shall keep a register, fairly written, of all their official proceedings. 8. The overseers of each house of correction may make Overseers to make contracts contracts, for work to be done in the house, with any per- for work. son who may be disposed to supply materials to be there Ibid, 12. wrought; they may also make contracts for letting out to hire, during the day time, any of the persons there confined, to employers living near enough, in their opinion, to the house of correction, for the said overseers, or the master of the said house, to have the general inspection of the conduct of the persons so let out to hire, and of the treatment they receive. The overseers shall receive such reasonable Their coinpencompensation, as may be allowed by the commissioners, or Removal. city council, respectively, who may remove any overseer, Vacancies. and fill all vacancies. 9. Whenever it shall appear to the overseers or directors Prisoners supposed to be reof any house of correction, house of industry or workhouse, formed may be that any person there confined, on a conviction before anyjus- Ibid, 6 13. tice of the peace, of either of the offences mentioned in the fifth section above, except stealing money or goods not exceeding the value of five dollars, has reformed, and is willing and desirous to return to an orderly course of life, they may, in their discretion, by a written order, discharge such person from confinement; and if such person shall have been committed by the court of common pleas, the municipal court of the city of Boston, or any police court, he may be discharged by said courts, respectively, upon 220 HOUSE OF CORRECTION. the recommendation of the overseers or directors; and if Their sentence a person so discharged shall afterwards be convicted of if again convicted. any of the said offences, committed after the former conviction, either in the same or a different county, he may be sentenced by the magistrate or court, before whom the second conviction is had, to hard labor in the house of correction, house of industry, or workhouse, for a term not exceeding one year. Materials for 10. The commissioners in the several counties, and the work.. R. S. 143, 14. overseers of the house of correction in Boston, shall cause to be provided, at the expense of the city, and of the respective counties, suitable materials and implements, sufficient to keep at work all the persons committed to the house of correction, according to law, and may, from time to time, establish such rules as they shall think needful, for the employment and government of the persons so committed, for the procuring and preservation of such materials and implements, and for the keeping and settling of all accounts of the costs and other expenses of procuring the same, and of all labor performed by each of the persons so committed; they shall also determine, from time to time, what sum the master shall receive, for the board of the persons so committed to his custody, and the master shall reCompensation ceive such further compensation for his services, in addition of master. to the price allowed him for the board of those who are so committed, as the commissioners in their counties, and the city council in Boston, shall deem just and reasonable. Master's claim 11. The overseers of each house of correction shall, on for keeping, &c., how allowed the application of the master or keeper thereof, twice in and paid. Ibid, a 15. each year, and oftener if they shall think necessary, examine and audit his accounts for the care and expense of supporting and employing the persons committed to his custody; they shall certify what sum is due for the supporting and employing of each of the said persons, after deducting the net profit, if any, of his labor; if any of the said persons shall refuse or neglect to pay the sum, so certified by the overseers to be due, for the space of fourteen days after demand in writing by such master or keeper, he may commence his action at law, by a general indebita HOUSE OF CORRECTION. 221 tus assumpsit, and recover against such person the sum found to be justly due, which shall be deemed to be his [his] own proper debt; but the defendant in such action may prove on the trial, that the whole sum, allowed and certified by the overseers, was not justly due, and he may tender, or bring into court, such sum of money as he shall admit to be due to the plaintiff in such action, as in other cases. 12. Whenever the said overseers shall certify that any Master may demand and recovsum is due as aforesaid, for supporting and employing in ersuch sum as maybe due. the house of correction any person who has not sufficient zIid, ~ 16. 20 Pick., 112. estate to pay the same, and such person shall have a parent, 22 Pick., 211. master, or kindred, liable by law to maintain him, the said master or keeper may demand and recover such sum as may be justly due, of the person or persons so liable; if such pauper have no parent, master, or kindred, liable by law to maintain him, the same may be demanded and recovered of the town wherein he shall have his lawful settlement,1 and upon refusal or neglect to make payment, for the space of thirty days after the same shall have been demanded, in writing, of the parent, master or kindred, or of any member of the city council of the city, or any overseer of the poor of the town respectively liable by law therefor, the said master or keeper, at any time within two years after his account shall have been so certified, and not afterwards, may commence and maintain his action at law for the same, against the party so liable, in the same form of action, and subject to the same defence, which are prescribed and allowed in the preceding section; provided, that the city of Proviso as to Boston shall be entitled to the same remedies for maintain-Boston ing any person in the house of correction in said city, which are provided for the masters or keepers of houses of correction. 2 13. Any person, convicted of an offence, punishable Courtsmay wholly or in part by imprisonment in the county jail, may be hsentnce to jail wholly or in part by imprisonment in the county jail, may be or house of correction. R. S. 143, O 17. 1 But not exceeding one dollar per week. See 1843, c. 66, ~ 3, i. c. ~ 27, post. 2 The provisions of this section are modified by stat. 1839, c. 146, ~ 2, c. 156, and 1843, c. 66. See ~~ 23-27, pp. 224, 225, post. 222 HOUSE OF CORRECTION. sentenced to suffer such imprisonment in the house of correction, instead of the jail, or to suffer solitary imprisonment and be confined at hard labor, either in the jail or the house of correction. Same subject. 14. If any boy, under the age of sixteen years, shall Ibid, O 18. be convicted of an offence, which is punishable by imprisonment in the state prison, such convict not having been before sentenced to imprisonment in the state prison in this state, or in any state prison or penitentiary within the United States, the court, if sentence of solitary imprisonment and confinement at hard labor, for a term not exceeding three years, is awarded against such convict, and also when the sentence of confinement, at hard labor, for any term of time, is awarded against a female convict of whatever age, shall order such sentence to be executed, either in the house of correction or in the county jail, and not in the Certain convicts state prison; but the provisions of this and the preceding in Boston may be sent to the section shall not prevent the courts in the city of Boston, house of reformation. from sentencing such convicts to confinement in any place, in which juvenile offenders may be by law confined. Sentence of cer- 15. When the punishment of solitary imprisonment, and rain convicts not before sen- confinement at hard labor for a term not exceeding three tenced. Ibid, Q 19. years, shall be awarded by the court against any convict, who has not been before sentenced to the like punishment, by any court in this state, or within the United States, such sentence may be executed, either in the house of correction, or in the county jail, or in the state prison. Sentence to sol- 16. When any convict shall be sentenced to solitary itary confinement and hard imprisonment and hard labor, in any house of correction or labor, in jails, &c, how and jail, the master or keeper tereof shall execute such senwhere to be executed. tence of solitary imprisonment, by confining the convict in Ibid, Q 20. one of the cells, if there be any in such house of correction or jail, and if there be none, then in the most retired and solitary part of such house or jail; and, during the time of solitary imprisonment, such convict shall be fed with bread and water only, unless other food shall be necessary for the preservation of his health: No intercourse shall be allowed with any convict in solitary imprisonment, except for the conveyance of food, and other necessary purposes, unless HOUSE OF CORRECTION. 223 some minister of the gospel shall be disposed to visit him, in the manner hereafter provided. 17. As soon as the term of solitary imprisonment shall How convict shall be kept have expired, the master or keeper shall furnish the convict at work, and with tools and materials, or with other means, to work in Ibid, ~i. any suitable manner, in which he can be usefully or profitably employed, either in the said house of correction or jail, or within the close yard thereof; such convict may, if necessary, be confined by a log and chain, or in such other manner as shall prevent his escape, without unnecessarily inflicting bodily pain, or interrupting his labor; the overseers of the house of correction, or, when such punishment is inflicted in the jail, the sheriff of the county, shall oversee the execution of all such sentences. 18. If any convict shall be refractory, or, during the Punishment of prisoners refustime for which he is sentenced to hard labor, shall refuse in'gtowork,f&c. or neglect, without reasonable cause, to labor in any suita- lbid, 22. ble manner, when required, such convict, so long as he shall continue to be refractory, or shall refuse or neglect to labor, shall be kept in solitary confinement, and fed with bread and water only, in the manner before provided. 19. The commissioners, and the mayor and aldermen of Advancement of money for tools the city of Boston, may order such sums of money, as may and materials. from time to time be necessary, to be advanced out of the Ibid, Q 23. treasuries of their respective counties, to the master of the house of correction, or keeper of the jail, for the purpose of providing such tools and materials, and such other things, as may be required for the employment, restraint, and safe keeping of the convicts. 20. All money, so advanced, shall be by such master or Such money and proceeds of keeper appropriated, under the direction of the officers, by labor to be accounted for. whose order the same was advanced, and he shall account Ibid, t 24. to them for the expenditure of the same. 1839, 146, Q 1. 21. Such master or keeper shall cause the articles, How articles manufactured by the prisoners in his custody, or the pro- &c., shall be' duce of their labor, to be disposed of to the best advantage, d. S. 143, o 25. and accounts to be kept of the proceeds of the same; e24,Rand 1839, all such accounts shall be presented to and settled by the 146,,. 224 HOUSE OF CORRECTION. said officers, semiannually, and as much oftener as they shall think necessary; such master or keeper shall pay into the treasury of the county, at such times as the said officers shall direct, the amount of sales, and other proceeds of the labor and earnings of the prisoners in his custody, or the balance thereof. 1 Expense of sup- 22. All charges and expenses of safe keeping, mainporting convicts, how paid. taining, and employing convicts, who have been sentenced R. S. 143, ~ 27. to imprisonment in the county jail or house of correction, except such part thereof as may be reimbursed by their labor, and also the expense of the safe keeping of all persons, charged with offences and committed for trial, shall be paid from the county treasury, the accounts of the keeper or master being first settled and allowed by the commissioners of such county, and in the county of Suffolk, by the board of accounts; but not more than one dollar per week shall be paid by the Commonwealth, for the support of any such person, and no allowance from the county treasury shall be made to any keeper or master, for the support of any prisoner, committed to such jail or house of correction, by virtue of the provisions contained in the fifth and sixth sections of the one hundred and forty-third chapter of the Revised Statutes,2 when such prisoner shall be of sufficient ability to support himself, or shall have either parent, master or kindred, who are able, and obliged by law to maintain him, or when such prisoner shall have a legal settlement within this state. 3 What expense 23. No master or keeper of any house of correction:nay be recovered of towns, shall have a right to demand and recover of any city or or prisoner's kindred. town in which any person sentenced to such house of cor1839, 146, ~ 2. rection has a lawful settlement, or of any kindred of such person liable by law to maintain him, any further or greater 1 Section 26, of the 143d chapter of the Revised Statutes, was repealed by stat. 1839, c. 146, ~ 1. 2 That is, ~~ 5 and 6, in the text, pp. 217-219, ante. 8 The provisions of this section have been since modified by stat 1839, c. 156, and 1843, c. 66. See sections 23-27, pp. 224, 225, post. HOUSE OF CORRECTION. 225 sum than the amount of the personal cepoenses of the maintenance of such person during his confinement therein, deducting therefrom such sum as he may have earned by his personal labor: provided, that this section sh11ll not apply Proviso. to any claim which the master or keeper of the house of correction in the city of Boston may have upon said city, for expenses incurred in said house of correction. 24. No allowance shall be made by the commonwealth No allowance to for the maintenance and support of any prisoner in any jail commonweal by th or house of correction, after the first day of July, 1839; 18f39, 156. but the expense of maintaining and supporting all such prisoners as have no legal settlement in this commonwealth, shall be borne by the county in which such jail or house of correction is established. 25. Whenever any person shall be committed to the Notice to be house of correction in any county for any offence mentioned gen,when vagabonds, &c., who in the fifth section of the one hundred and forty-third chap- have a settle1. ment in any. ter of the Revised Statutes,x and the person so committed tovn, are committed to house shall have a legal settlement in any town in this common- of correction. wealth, it shall be the duty of the master, keeper, or over- 1843, 66, ~ 1. seers of such house of correction, immediately to notify the selectmen of such town in writing, by mail or otherwise, of such commitment. 26. Whenever any person shall be committed to any Towns notheld to support perhouse of correction in this commonwealth for any offence not sons committed mentioned in the fifth section of the one hundred and forty- rection, for ofthird chapter of the Revised Statutes,' the expense of his tioned in R. S. 143, ~ 5. safe keeping, support and maintenance, shall not be recov- 1843, 66, ~ 2. erable against any town in this commonwealth, but shall be paid in the manner provided by law. 27. Not more than one. dollar per week shall be recov- Towns not liable for more than erable of, or demanded against, any town for the safe keep- $1 a week for upport of prising, support and maintenance, of any person committed to oers itn house of correction. any house of correction. Ibid, re 3. 28. The commissioners for the several counties, and in Inspectors of the county of Suffolk, the judge of probate, and the justices prisns143, ~ 28. of the police court, shall be inspectors of the prisons in the 1843, 61, ~ 2. That is, ~ 5, in the text, pp. 217, 218, ante. 29 226 HOUSE OF CORRECTION. Their duties. said counties, respectively, and shall, by themselves or their committee, visit and inspect the jails, houses of correction, and all other places of confinement or imprisonment, within their respective jurisdictions, and shall fully examine into every thing relating to the government, discipline and poKeepers, mas- lice thereof; and the keeper of each jail, and master of ters, &c., to make returns. each house of correction, shall make returns, at least twice in each year, to the said inspectors, at such time and in such form as they shall direct, setting forth the names, ages, and residence, if known, of all persons who are or have been in custody, since the last return, the cause of their imprisonment, and the manner in which they have been treated and employed, the punishments inflicted, if any, and the names of all persons, who have died, escaped, been pardoned or discharged, with all other circumstances, required by the inspectors. Duties of in- 29. The said inspectors in the county of Suffolk shall, spectors. R.s.143, 29,30. by a committee of not less than three of their members, visit, and inspect twice in each year, once in June or July, and once in December, the jail, the house of correction, and all other places of imprisonment and confinement, To make established by law in the city of Boston; and such comreports. mittee shall, as soon as may be after each inspection, make and subscribe a detailed report to the said mayor and aldermen, in relation to the prisons in the city of Boston, stating the condition of each prison, as to health, cleanliness and discipline, at the time of inspection; the number of persons confined there within the six months next preceding, or since the last inspection, and for what causes; the manner in which convicts, if any, have been employed; the number of persons usually confined in one room; the distinction, if any, usually observed in the treatment of the different classes of persons detained in such prisons; the punishments which have been inflicted; the evils or defects, if any, in the construction, discipline or management, of such prisons;- the names of the prisoners, who have died, escaped, been pardoned or discharged; and whether any of the provisions of law, in relation to such prisons, have been HOUSE OF CORRECTION. 227 violated or neglected, with the causes, if known, of such violation and neglect. 1 30. Whenever the said inspectors, or any of them, shall Powers of invisit any of the said prisons, either for the purpose of in- Ibid, S3. spection, or any other cause, the sheriff, master, keeper, or other officer, having charge thereof, shall admit the said inspectors, when required, into every apartment of such prison, exhibit all books, precepts, documents, accounts and papers, which may be required, relating to the concerns of the prison, or to the detention or confinement of any person therein, and afford to the inspectors, or their committee, such aid as may be requested, in the performance of any part of their duties; the inspectors or their committee may examine, on oath, to be administered by one of them, either by interrogatories in writing, to be answered in writing and subscribed, or otherwise, as they may direct, any officer, keeper or other person, in relation to the concerns or management of any prison; they may also converse with any of the prisoners, apart and without the presence of any officer or keeper. 31. If it shall appear to the inspectors in any county, Shallgivenotice of violations of from the report of their committee or otherwise, that any of law, n c. the provisions of law, in relation to prisons, have been vio- Ibid, ~ 32. lated or neglected, in their county, they shall forthwith give notice thereof to the county or district attorney. 32. Said inspectors shall cause to be transmitted to the Inspectors to transmit to the governor, on or before the second Wednesday of January, governor, copies of any such in each year, authentic copies of any information, by them information. given to the county or district attorney, in relation to any 1840, 5, ~ 3. violation or neglect of the law respecting prisons, with such further statements and suggestions, as may, in their opinion, require the attention of the government. 33. No sheriff, jailer, master of a house of correction, spirit and or other officer or under keeper of any prison, shall, under prohibited, Unless, &c. R S. 143,. 31. 1 The 29th section of the 143d chapter of the Revised Stattites, was so amended by stat. 1845, c. 221, that the county commissioners, by a committee of not less than two of their number, shall, twice in each year, visit and inspect all the prisons in their county, provided the interval between the visits and inspections of said prisons shall not exceed eight months. 228 HOUSE OF CORRECTION. any pretence, give, sell or deliver, or knowingly suffer to be given, sold, or delivered, to any person committed to jail for debt, and supported at the charge of the creditor, or to any prisoner in confinement upon conviction or charge of any offence, any spiritous liquor, or mixed liquor, part of which is spiritous, or any wine, cider, or strong beer, unless the attending physician of the prison shall certify in writing, that the health of such prisoner requires it, in which case he shall be allowed the quantity prescribed, cand no more. Classification 34. Male and female prisoners shall not be put or kept and separation* of prisoners. in the same room, in any jail or house of correction; nor, Ibid, O 35. unless the crowded state of the jail or house of correction shall require it, shall any two prisoners, other than debtors, be allowed to occupy the same room, except for work: every jailer shall keep all persons committed for debt, separate from felons, convicts and persons confined upon a charge of felony or other infamous offence, and shall prevent all conversation between prisoners in different apartments. All minors, in prison upon conviction or charge of an offence, shall be kept separate from those, who are notorious offenders, or who have been convicted of any felony or other infamous crime: no person, committed on charge of an offence, shall be confined with a convict, nor shall any prisoner, charged with or convicted of an offence not infamous, be confined with one charged with or convicted of an infamous crime, except while at labor, or when assembled for moral or religious instruction, at which times no communication shall be allowed between prisoners of different classes. Penalties for 35. If any sheriff, jailer, or master of any house of corbyshegic jailye rection, shall give, sell or deliver, to any prisoner in his &cbid,36. custody, or shall willingly or negligently suffer any such prisoner to have or drink any spiritous, fermented or other strong or mixed liquor, prohibited by the thirty-third section, or shall place or keep together prisoners of different sexes, or different classes, in his custody, contrary to the provisions of the preceding section, he shall in each case forfeit for the first offence, the sum of twenty-five dollars, HOUSE OF CORRECTION. 229 and for any such offence committed after the first conviction, fifty dollars, to the use of the county; and such officer shall, on such second conviction, be further sentenced to be removed from office, and to be incapable of holding the office of sheriff, deputy sheriff or jailer, or master or keeper of any prison, for the term of five years. 36. If any person shall give, sell or deliver, to any per- Penalty for furnishing, or atson committed to prison for debt, and supported at the tempting to furchare of the creditor, or to any prisoner, in confinement prisners. t upon conviction or charge of any offence, any spiritous or Ibud, 37. other liquors, as mentioned in the said thirty-third section, or shall have in his possession, within the precincts of any jail or house of correction, or other like place of confinement, mentioned in the one hundred and forty-third chapter of the Revised Statutes, any such liquors, with intent to convey or deliver the same to any person or prisoner confined therein, he shall be punished by fine, not exceeding fifty dollars, or by imprisonment in the county jail or house of correction, not more than two months; and no jailer, or master, or keeper of any house of correction, house of industry or work-house, shall be licensed to sell any strong or mixed liquors, as a retailer or otherwise. 37. The keeper of each jail, and the master of every Regulations house of correction, shall see that the same is constantly health and cleanliness of kept in as cleanly and healthful a condition as may be, and jail, and house shall cause the whole interior thereof, including the floors, Ibid, ~ 38. to be thoroughly whitewashed with lime, at least twice in each year; and the walls and floors of each room, while any person shall be confined therein, between the first of May and the first of November, shall be so whitewashed, once in each month, at the expense of the county: no permanent vault shall be used in any apartment, or part of any jail or house of correction, and where any such vault now exists, the same shall be securely closed up; every room, which is occupied by a prisoner, in any such prison, shall be furnished with a suitable bucket, with a cover made to shut tight, for the necessary accommodation of such prisoner; and such bucket, when used, shall be emptied daily, and shall be constantly kept in good order. 230 HOUSE OF CORRECTION. Personal clean- 38. Such keeper and master, shall see that strict attenliness of prisoners. tion is constantly paid to the personal cleanliness of all the Ibid, ~ 39. prisoners in their custody, as far as may be, and shall cause the shirt of each prisoner to be washed, and the prisoner himself to be shaved, once at least in each week: each prisoner shall be furnished daily with as much clean water, as he shall have occasion for, either as drink, or for the purpose of personal cleanliness, and with a clean towel once a week: no clothes shall be washed, or hung out wet, in any room which is occupied by a prisoner during the Food. night: all the prisoners, not in solitary confinement, shall be served, three times each day, with wholesome food, which shall be well cooked, in good order, and in sufficient quantity. Each prisoner 39. Each prisoner, who may be confined in any of the shall have a weekly bath, prisons of the commonwealth, shall have a weekly bath of unless, &c. 1848, 324, ~ 1. cold or tepid water, which shall be applied to the whole surface of the body; unless, by reason of the sickness of such prisoner, such bath shall be hurtful or dangerous. Ventilation. 40. The state-prison, and the houses of correction, Ibid, ~ 2. shall, within six months after May 10th, 1848, be ventilated in a suitable and efficient manner. Instruction in 41. The warden and inspectors of the state-prison, the reading and writing. county commissioners of each county, the mayor and alderIbid, 3. men of the city of Boston, with the sheriffs of each county, respectively, are hereby authorized to furnish, at the expense of said counties, suitable instructions in reading and writing, for one hour each evening, (except Sundays,) to all such prisoners as may be benefited by such instruction, and desirous to receive the same. Prisoners to 42. The said keeper or master shall provide, at the have bibles. R. S. 143, ~ 40. expense of the county, for each prisoner under his charge, who may be able and desirous to read, a copy of the bible or of the new testament, to be used by such prisoner, at Maybe visited proper seasons, during his confinement; and any minister of the gospel, disposed to aid in reforming the prisoners, and instructing them in their moral and religious duties, shall have access to them, at seasonable times, either while HOUSE OF CORRECTION. 231 in solitary imprisonment, or when not required to be employed in labor. 43. The county commissioners of the several counties County commisin this commonwealth are authorized, at their discretion, ized to provide moral and reliand at the expense of their respective counties, to provide gious instrucmoral and religious instruction for the prisoners confined 1848, 29, ~ 1. in the jails and houses of correction of their respective counties. 44. The inspectors of prisons in the several counties, Inspectors shall shall cause to be transmitted, in their annual returns to the ment of the expense. governor, a statement of the expense incurred in carrying Ibid, ~ 2. the preceding section into effect in their respective counties. 45. If any disease shall break out in any jail or other Removal of prisoners, in case of prison, which, in the opinion of the inspectors of such pestilence. prison, may endanger the lives or health of the prisoners,. 143, to such a degree as to render their removal necessary, the said inspectors may designate, in writing, some suitable place within the same county, or any prison in a contiguous county, as a place of confinement for such prisoners; and such designation, being filed with the clerk of the court of common pleas for the county, shall be a sufficient authority for the sheriff, jailer, master or keeper, to remove all the prisoners in his custody to the place designated, and there to confine them, until they can be safely returned to the place whence they were removed; and any place, to which the prisoners shall be so removed, shall, during their imprisonment therein, be deemed a prison of the county in which they were originally confined, but they shall be under the care, government and direction of the officers of the county in which they are confined. 46. If any jail or other prison, or any building near Removal, in thereto, shall be on fire, and the prisoners shall be exposed fase of danger to danger by such fire, the sheriff, jailer, or other person Ibid, 42. having charge of such prison, in his discretion, may remove such prisoners to a place of safety, and there confine them, so long as may be necessary to avoid such danger; and such removal and confinement shall not be deemed an escape of such prisoners. 232 HOUSE OF CORRECTION. Removal of pris- 47. In any county, in which there are several jails, the oners to different jails, in the same sheriff may cause the prisoners in his custody, to be concounty. Ibid, % 43. fined in either of such jails, and may, at his discretion, remove them from one jail to another, within his county, for their health or safe keeping, or for the purpose of their more convenient appearance at any court. Supply of fuel, 48. The keeper of each jail, and the master of each &c., and allowance therefor. house of correction, shall furnish, at the expense of the Ibid, county, necessary fuel, bedding and clothing, for all prisoners who are in custody upon charge or conviction of any offence against the commonwealth, and the necessary charges therefor shall be allowed, in the manner following; the said keeper or master shall present to the commissioners for the county, or, in the county of Suffolk to the board of accounts, a full account of all charges, by him incurred for fuel, bedding and clothing for such prisoners, and also for necessary furniture, for the said prison; and the said commissioners, or board of accounts, shall make a reasonable allowance therefor, which shall be paid to the said keeper or master out of the county treasury. Jailer, &c., to 49. Whenever the commissioners of any county, or the obey orders for furnishing spe- mayor and aldermen of the city of Boston, shall direct cific rations, under penalty. specific rations or articles of food, soap, fuel, or other necessaries, to be furnished to the prisoners in any jail or house of correction, the keeper or master thereof shall conform to such direction; and if he shall neglect or refuse to furnish the same, he shall be subject to the same penalties, for a first and a second offence, which are prescribed by the thirty-fifth section, above, for the offences therein mentioned. Restraint and 50. If any person, confined in any jail or house of corpunishment of refractory pris- rection, upon any conviction or charge of an offence against i,3, 46. the commonwealth, shall be refractory or disorderly, or shall wilfully or wantonly destroy or injure any article of bedding, or other furniture, or a window, door, or any other part of such prison, the sh.~riff of the county, and the overseers of the house of correction, respectively, after due inquiry, may cause such person to be kept in solitary confinement, not more than ten days for any one offence; and HOUSE OF CORRECTION. 233 during such solitary confinement, he shall be fed with bread and water only, unless other food shall be necessary for the preservation of his health. 51. If any person, committed to jail on mesne process same subject. or on execution, or for any other cause, than those mentioned in the preceding section, shall be guilty of either of the offences therein specified, and be thereof convicted before a justice of the peace for the county, or a police court, on complaint of the keeper thereof, he shall be punished by solitary imprisonment, as directed in the preceding section, not more than ten days for any one offence; such offender Recovery for shall also be liable for double the amount of the damage damagedone. done to the jail, furniture or other property, to be recovered with costs of suit, in an action of trespass, which may be brought by the sheriff or county treasurer, in the name and to the use of the county. 52. Nothing contained in the two preceding sections sheriffs and keeper's aushall be construed to take from any sheriff, jailer, or master thority. of any house of correction, any part of the authority, with Ibid, which he was before invested by the law, to preserve order and enforce strict discipline among all the prisoners in his custody. 53. If any person, lawfully imprisoned in any jail or Punishment of prisoners for house of correction, under sentence of confinement at hard escaping. labor, shall break such prison and escape, he shall be pun- Ibid, ~ 49 ished by imprisonment in the state prison or county jail not more than three years, in addition to the unexpired portion of the term for which he was originally sentenced. 54. If any person, lawfully imprisoned in anyjail, house Same subject. of correction, or house of industry, for any cause not men- Ibid, 50. tioned in the preceding section, shall break such prison and escape, he shall be punished by imprisonment, either in the state prison, the county jail or house of correction, not more than one year, in addition to the unexpired portion of the term for which he was originally sentenced. 55. If any person, lawfully imprisoned for any cause in Punishment for any prison or place of confinement established by law, other tcape. than the state prison, shall forcibly break the same, with Ibid, 51. intent to escape, or shall by any force or violence attempt 30 234 HOUSE OF CORRECTION. to escape therefrom, although no escape be effected, he shall be punished by imprisonment in the county jail or house of correction, not more than one year, in addition to any term for which he was held in prison, at the time of such breaking or attempt to escape. secretary to pre- 56. It shall be the duty of the secretary of the compare ana transmit blank forms monwealth, annually, under the direction of the governor of returns. 1840, 15, ~ i. and council, to prepare a blank form of return concerning jails and houses of correction as they shall exist on the first day of November, and the individuals who shall have been confined therein within the year ending on that day, with such inquiries concerning the same as may be considered proper and expedient; and the secretary shall transmit said blanks to the sheriffs, and to the overseers of the houses of correction in the several counties, in the month of September. Sheriffs and 57. The sheriffs and the overseers of the houses of coroverseers of houses of correc- rection of the several counties shall annually, on or before tion, to make true yearly the fifteenth day of November, transmit to the secretary returns. Ibid, ~ 2. of the commonwealth true answers to the inquiries contained in the blanks aforesaid; and the secretary shall prepare an abstract therefrom, and shall submit the same, in a printed form, to the legislature, at the ensuing session thereof. Secretary to 58. It shall be the duty of the secretary of the comamend form of return, so as to monwealth to amend the blank form of return, required by give information respecting in- the two preceding sections, so that accurate information sane and idiotic persons. shall be obtained in relation to such insane and idiotic persons as are under the charge of the keepers of jails, or houses of correction, or other county receptacles for these purposes, in the following particulars, viz: the number, name, age, birthplace, duration of insanity, duration of confinement, means of support, place of confinement, specifying whether in jails, houses of correction, or in buildings specially provided for the purpose, cause of commitment, by whom committed, whether previously subjected to any curative treatment and at what place, their present condition, whether they are furnished with employment, under whose care they are now placed, and if any of them are under the superintendence of convicts. HOUSE OF INDUSTRY. 235 59. The secretary shall embody these returns in such Same subject. manner as he shall deem advisable. Ibid, l 2. 60. No city or town shall, hereafter, erect or maintain No city or town shall erect an an almshouse, or house of correction, within the limits of alms-house or house of correcany other city or town, unless the consent of the inhabit- tion within another city or ants of the city or town, within which such almshouse or town, without consent of the house of correction is proposed to be erected or main- latter. tained, shall have been first obtained, at a legal meeting of 1848, 291, 1. the inhabitants of said town or city. 1 HOUSE OF INDUSTRY.2 STATUTES. penses of the support of pau1. Directors of the house of in- pers. dustry to be chosen. Vacan- 8. Overseers of the poor may bind cies to be filled. Superintend- children of paupers, and pauper ent and other officers. children. 2. Powers of the directors as to 9. Until what age, and upon what the house. terms. 3. Powers and duties of the direc- 10. By indenture of two parts; one tors as to binding out children. to be kept for the minor. 4. Directors to make annual re- 11. Money, &c., paid by any masports. ter, to be for the use of the ap5. Rules to be submitted to city prentice. council. 12. Parents, selectmen, &c., to in6. Five directors may establish quire into the treatment of chilrules. dren. 7. Remedies for recovering ex- 13. May file a complaint for mis1 For further provisions respecting houses of correction generally, and offences punishable by confinement therein, see Rev. Stat. c. 143, 1837, c. 157, 217; 1840, c. 15; 1842, c. 59; 1846, c. 11; 1847, c. 160; and 1848, c. 276. For provisions respecting insane convicts, see 1836, c. 223; 1842, c. 100; 1844, c. 120; and Lunatics. For provisions respecting jails, see R. S. c. 143, 145; act of amendment, ~ 19; 1836, c. 223; 1837, c. 157, 217; 1839, c. 156; 1840, c. 15; 1842, c. 59, 100; 1845, c. 221; 1846, c. 11, 78, 88; 1847, c. 160, 165; 1848, c. 29, 276,324. See also House of Reformation. 2 Some account of the origin and history of the House of Industry may be found in the appendix. 236 HOUSE OF INDUSTRY. conduct of the master in C. C. arrested, and returned, or imPleas. prisoned. 14. The court may thereupon dis- 22. Proceedings in such case. charge the apprentice, &c. 23. Costs therein, of whom recov15. May award costs for the mas- erable. ter. 24. Master may file a complaint for 16. Master also liable to an action misconduct of the apprentice, on the indenture. and proceedings thereon. 17. By whom such action may be 25. Master may be thereupon disbrought. charged from the contract. 18. Proceedings therein, when 26. Apprenticeship discharged by brought by the overseers. the death of the master. 19. Limitation of such action by 27. Minor may be bound to a misthe apprentice. tress, to whom all the foregoing 20. In case of judgment for the provisions shall apply. plaintiff, the court may dis- 28. Common lawrightnot affected. charge the apprentice. 29. Provisions as to city of Boston. 21. Apprentice absconding may be Directors of the i. The city council of the city of Boston are empowered, house of industrv to be chosen. whenever they deem it expedient, to appoint, by concurrent 3, 126, ballot in each board, a sufficient number of persons, not exceeding twelve, a majority of whom shall constitute a quorum for the transaction of business, to be directors of the house of industry in the said city, who shall hold their office for the term of one year, and until others are appointed in Vacancies, to be their place; and said city council are further empowered,:filled. in like manner, to fill all vacancies which may occur in said board of directors, during the year for which it is appointSuperintendent ed. And said directors may appoint a superintendent, and and other officers. any other officers necessary for the government of said house, and shall have all the powers, and be subject to all the duties prescribed to said board by virtue of the several acts to which this is in addition. I Powers of the 2. The act of 1822, ch. 56, ~ 2, provided that the directors as to the house. directors of the house of industry shall have and exercise 1822, 5 2. the like authority and power, in using, regulating and governing said house of industry, as are had and exercised by overseers of the poor within this commonwealth, and may 1 This section appears to supersede the 1st section of stat. 1822, c. 56, in relation to the number of directors, and the time of choosing. HOUSE OF INDUSTRY. 237 send such persons to said house, and for such purposes, as overseers of the poor are by law authorized to do. 1 3. The directors of the house of industry in the city of Powers and duties of the direcBoston shall have and exercise all the powers and perform tors as to binding out children. all the duties relative to paupers, and the binding out of I86, c. I 1. R. S. 80, t 27. children and other persons committed to said house of industry for support, as the overseers of the poor of the several towns in this commonwealth have and exercise, in relation to paupers and the binding out of children, and other persons, under and by virtue of the several laws of this commonwealth; and all acts of said directors shall impose the same duties, liabilities and obligations, in all judicial tribunals, on the city of Boston aforesaid, and on the several towns and individuals of this commonwealth, as the same acts would impose, if done and performed in the same manner by the overseers of the poor of the several towns in this commonwealth. 2 4. The said directors shall, in the month of April, in Directors to make annual every year, make report in writing to the city council reports. of the persons who shall have been resident in said house 1822, 56, 4. of industry, during the next preceding twelve months, and the manner in which such persons shall have been employed during their residence therein; and the said directors shall also render to the city council in the month of April, annually, an account of all moneys received and paid on account of the said house. 5. All rules and orders for the governing and managing Rules to be submitred to city said house of industry, shall, within two months after the council. same shall have been made, be submitted to the city coun- 5. cil; and such rules and orders shall be in force until repealed or altered by the said directors, or until disapproved of by vote of the said city council. 6. No rules or orders shall be established for the gov- Five directors may establish erning and managing said house of industry, by the direc- rules. Ibid, ~ 6. 1 The 3d section of the stat. of 1822, c. 56, relates to powers given by stat. 1787, c. 54; which statute was repealed by the stat. of 1834, c. 151, and the latter statute was also repealed by the Revised Statutes. See also R. S. 143, ~ 5, and 1837, 217. 2 See ~~ 8-29, pp. 238-242,post, for provisions in relation to apprentices. 238 HOUSE OF INDUSTRY. tors thereof, unless at a meeting at which five or more of said directors are present. 1 Remedies for re- 7. By an act passed June 12, 1824, it was provided that covering expenses of the the city of Boston should be entitled to the same remedies support of paupers. in order to recover the expenses of supporting any poor 1824, 28, Q 1. person maintained in the house of industry of said city, that towns in this commonwealth were entitled to for the recovery of the expenses of persons, for whom support or relief was provided by overseers of the poor, or under their direction. 2 APPRENTICES. Overseers of the 8. The overseers of the poor may bind, as apprentices poor may bind children of pau- or servants, the minor children of any poor person, who has pers, and pauper children. become actually chargeable to their town, as having a lawR. S. 80, d 6. 2 Pick. 451. ful settlement therein, or who is supported there, in whole 16 Pick. 44. 19 Pick. 358. or in part, at the charge of the commonwealth, and also all 7 Greenl. 457. 4 N. Riamp. R. minor children, who are themselves chargeable to the town, 139. as having a lawful settlement therein, or as poor persons supported by the commonwealth.3 Until what age, 9. Such children, whether under or above the age of and upon what terms. fourteen years, may be bound, females to the age of eightR. S. 80, ~ 7. 5 Pick. 250. een years, or to the time of their marriage within that age, and males to the age of twenty-one years; and provision shall be made in the contract, for teaching such children to read, write and cypher, and for such other instruction, benefit and allowance, either within or at the end of the term, as the overseers may think reasonable. 1 This section would not seem to be in force, in case the city council should choose such a number of directors, that a less number than five would constitute a quorum, under stat. 1833, c. 126, ~ 1. See ~ 1. 2 For general provisions respecting workhouses, almshouses, overseers of the poor, and paupers, see R. S. c. 16, 45, 46, 143; stat. 1837, c. 54,194, 217; 1841, c. 116; 1844, c. 146; 1846, c. 88; 1848, c. 247, 291; 1849, c. 66, 74, 151. See House of Correction, Paupers and Ovec:eers of the Poor. 3 The powers hereby given to overseers of the poor, are given to the directors of the house of industry in Boston, or such other officers as have the care or charge of the poor in said city. See ~ 29, post, p. 242. See, also, ~ 3, aate, p. 237. HOUSE OF INDUSTRY. 239 10. No minor shall be so bound by the overseers, un- By indenture of two parts; less by an indenture of two parts, sealed and delivered by one to be kept for the minor. the overseers and by the master, one part of which shall be i. s. 80, O 8. deposited with the town clerk, and be safely kept by him for the use of the minor. 11. All considerations, of money or other things, paid Money, &c., paid by any or allowed by the master, upon any contract of service or mlaster, to be fiur the use of apprenticeship, made in pursuance of this chapter, shall be the apprentice. paid or secured to the sole use of the minor thereby bound. Ibi, 9 12. Parents and guardians, and selectmen and over-Parents, selectmen, &c., to inseers, shall inquire into the treatment of all children, bound quire into the treatment of by them respectively, or with their approbation, and of all children. Ibid, t 10. who shall have been bound by their predecessors in office, and defend them from all cruelty, neglect, and breach of contract, on the part of their masters. 13. In case of any such misconduct or neglect of the May file a complaint for mismaster, a complaint may be filed by the parents, guardian, ponduct of the selectmen, or overseers, in the court of common pleas for Imatericc' P the county in which the master resides, setting forth the facts and circumstances of the case, and the court, after having duly notified the master, shall proceed to hear and determine the cause, with or without a jury, as the allegations of the parties may require. 14. After a full hearing of the parties, or of the com- The court may thereupon displainants alone, if the master shall neglect to appear, the charge the apprentice, &c. court may render a judgment or decree, that the minor be Ibid, 1'2. discharged from his apprenticeship or service, and for the costs of the suit against the master, and may award execution accordingly, and the minor may be thereupon bound out anew. 15. If the complaint shall not be maintained, the court May award costs for the master. shall award costs for the master against the complain- Ibid, O 13. ants, and shall issue execution accordingly; excepting, that in case of such a complaint by selectmen or overseers, the court shall not award costs against them, unless it shall appear that the complaint was made without any just or reasonable cause. 16. Every master shall moreover be liable, whether such Master also lible to an accomplaint shall have been filed or not, to an action on the tion on the indenture. Ibid, ~ 14. 240 HOUSE OF INDUSTRY. indenture, for the breach of any covenant on his part therein contained; and all damages recovered in such action, after deducting the necessary charges in prosecuting the same, shall be the property of the minor, and may be applied and appropriated to his use, by the person who shall recover the same, and the residue, if any, shall be paid to the minor, if a male, at his age of twenty-one years, and if a female, at her age of eighteen years, or at the time of her marriage within that age. By whom such 17. Such action may be brought, either by the parent, action may be brought. or his executors or administrators, or by the guardian, or Ibid 15. any one who shall succeed him in that trust, or by the overseers or their successors in that office, or it may be brought in the name of the minor, by his guardian or next friend, as the case shall require, or by himself, after the expiration of the term of apprenticeship or service. Proecedings 18. If the action is brought by the overseers, it shall therein, when brought by the not abate by the death of any of them, or by their being overseers. bid, es 16. succeeded in office, but shall proceed in the names of the original plaintiffs, or the survivor of them, or the executors or administrators of the survivor; and the money recovered therein shall be deposited in the town treasury, to be applied and disposed of as provided in the sixteenth section. Limitation of 19. No such action shall be maintained by the apprensuch action by the apprentice. tice or servant, unless it be commenced during the term of Ibid, S 17. apprenticeship or service, or within two years after the expiration thereof. In case of judg- 20. If judgment in such action, by whomsoever brought, ment for the plaintiff, the shall be rendered for the plaintiff, in the court of common court may discharge the ap- pleas, or the supreme judicial court, the court may also, prentice. p Ibid, ~ iS. upon the motion of the plaintiff, discharge the minor from his apprenticeship or service, if it shall not have been already done in the manner before provided, and the minor may be thereupon bound out anew. Apprentice ab- 21. If any apprentice or servant, bound as aforestid, sconding may be arrested, and re- shall unlawfully depart from the service of his master, any turned, or imprisoned. justice of the peace, upon complaint on oath made to him by the master, or by any one in his behalf, may issue his warrant to apprehend the apprentice or servant, and bring HOUSE OF INDUSTRY. 241 him before the said justice; and if the complaint shall be supported, the justice may order the offender to be returned to his master, or may commit him to the common jail or house of correction, there to remain for a term not exceeding twenty days, unless sooner discharged by his master. 22. The justice's warrant, when directed to any officer Proceedings in such case. or other person by name, shall authorize him to convey the Ibid, ~ 20. offender to the place of residence of the master, although it may be in any other county in the state. 23. All the costs, incurred in any such process against Costs therein, of whom recova servant or apprentice, shall be paid, in the first instance, erable. by the complainant; and if the complaint shall be supported, Ibid, ~ 21. the amount of the costs may be recovered by the master, in an action on the indenture, if the same were executed by a parent or guardian, and if recovered against a guardian, the amount paid by him in such action may be charged by him in his guardianship account; and if the indenture were executed by overseers of the poor, or by the minor with the approbation of the selectmen, the amount of such costs may be recovered in action against the minor, after he shall arrive at full age. 24. If any such apprentice or servant shall be guilty of Master may file a complaint for any gross misbehavior, or refusal to do his duty, or wilful misconduct of the apprentice, neglect thereof, his master may file his complaint in the and proceedings thereon. court of common pleas, for the county in which he resides, [bid; 22. setting forth the facts and circumstances of the case, and 2 P 451 the court, after having duly notified the apprentice or servant, and all persons who have covenanted on his behalf, and also the selectmen, who shall have approved of the indentures, or their successors in that office, shall proceed to hear and determine the cause, with or without a jury, as the allegations of the parties may require. 25. After a full hearing of the parties, or of the complain- Master may be ant alone, if the adverse parties shall neglect to appear, the tharged from the contract. court may render a judgment or decree, that the master be R. S. 80, ~ 23. discharged from the contract of apprenticeship or service, and for the costs of the suit; such costs to be recovered of the parent or guardian of the minor, if there be any who executed the indenture, and execution therefor to be issued 31 242 HOUSE OF REFORMATION. accordingly; and if there be no parent or guardian liable for such costs, the amount thereof may be recovered in an action against the minor, after he shall arrive at full age; and any minor discharged as aforesaid, may be bound out anew. Apprenticeship 26. No indenture of apprenticeship or service, made in discharged by the death of the pursuance of the eightieth chapter of the Revised Statutes,' master. Ibid, S24. shall bind the minor after the death of his master, but the apprenticeship or service shall be thenceforth discharged, and the minor may be bound out anew. Minor may be 27. Any indenture of apprenticeship or service, made bound to a mistress, to whom in pursuance of said eightieth chapter, by or in behalf of all the foregoing provisions shall a minor, may be made either with a woman or a man, and apply. Ibid, ~ 25. all the foregoing provisions shall apply as well to mistresses as to masters. Common law 28. Nothing contained in said eightieth chapter shall right not affected. prevent or affect the right of a father, by the common law, Ibid, 5 27. Ig f 7 Mass. 147. to assign or contract for, the services of his children for the 1 Mason, 78. 8 Jolns. R. 328. term of their minority, or of any part thereof. 3 B. & A. 584. 1Ashm. 267. 29. Everything, which is prescribed in the preceding provisions as to twenty-one sections to be done by the selectmen of any town, Rt. S. 80, 27. shall and may be done by the mayor and aldermen of the city of Boston; and everything, prescribed to be done by the overseers of the poor of any town, shall and may be done by the overseers of the poor of the said city, or by the directors of the house of industry therein, or by such other officers as shall have the care and charge of the poor in said city. HOUSE OF REFORMATION. STATUTES. 3. Appeal from judgment of the 1. City council may erect or use police court, under the second buildings in the city, for juve- section, to the municipal court. nile offenders. 4. Children leading an idle or dis. 2. Children convicted of criminal solute life, &c., may be senoffences may be received by di- tenced to the house of reformarectors. tion. To be kept, &c., till of age. 1 That is, the chapter containing ~~ 8-29 in the text. HOUSE OF REFORMATION. 243 5. Directors to employ and in- 9. Children leading an idle or disstruct children. Shall have solute life, &c., may be senpower to bind out. To have tenced to house of reformation. powers, &c., of overseers of the 10. Right of appeal saved. poor. 6. Court may discharge on recom- ORDINANCE. mendation of directors. 1. Directors of house of industry 7. Children already committed to appointed directors of house of house of correction may be reformation. House of refortransferred to house for juve- mation united with Boylston nile offenders. asylum. 8. Separate branch for females 2. Rights and powers of directors. may be established. 1. By the act of 1825, c. 182, ~ 1, passed March 4, City councilmay 1826, the city council of the city of Boston were author- buildings in the ity for juvenile ized to erect a building in said city, for the reception, in- offenders. struction, employment and reformation of such juvenile offenders, as are hereinafter named; or to use for these purposes the house of industry, or correction, at South Boston, or any other house or building belonging to said city, that the city council might appropriate to these uses. 2. The directors of the said house of industry, or such Children convicted of crimother persons as said city council shall appoint directors of inal offences said house, for the employment and reformation of juvenile by directors..bid, dirr. offenders, shall have power, at their discretion, to receivebid, and take into said house all such children who shall be convicted of criminal offences or taken up and committed under and by virtue of an act of this commonwealth, " for suppressing and punishing of rogues, vagabonds, common beggars, and other idle, disorderly and lewd persons," 1 and who may, in the judgment of any justice of the supreme judicial court, sitting within and for the county of Suffolk, or of the judge of the municipal court of the city of Boston, or of any justice of the police court within and for the city of Boston, be proper objects therefor; and upon the conviction or commitment aforesaid, of any child, in the judgment 1 The act here cited, i. e. stat. 1787, c. 54, was repealed by stat. 1834, c. 151, ~ 22 and the latter statute was itself repealed by the Revised Statutes. Most of the provisions of the former in relation to the punishment of the class of offences named therein, are incorporated in Rev. Stat. 143, ~ 5. See House of Correction, pp. 217, 218, ~ 5, ante. 244 HOUSE OF REFORMATION. of such judge or justice a proper object for the said house of employment and reformation, the said judge or justice, previously to declaring the sentence of the law on such child, shall cause notice to be given to the directors of the said house; and in case the said directors shall declare their assent to the admission of such child into said house, the said judge or justice shall sentence him or her to be committed to said house of employment and reformation, subject to the control of the directors thereof, in conformity with the provisions of the succeeding sections. Appeal from 3. Any party aggrieved by the sentence of the police judgment of the police court, un- court, or any justice thereof, passed pursuant to the second der the second section, to the section, may appeal from such sentence, to the next munimunicipal court. 829, c. s1. cipal court in the said city, whose judgment shall be final, as in other cases of appeals from the judgment of justices of the peace, to the courts of common pleas, in criminal cases; the party appealing recognizing with sufficient surety or sureties, to the satisfaction of the justice of the police court, by whom the sentence is passed, to enter and prosecute such appeal, and in the mean time to keep the peace, and be of good behavior. Children lead- 4. Any justice or judge of either of the said courts ing an idle or dissolute life, respectively, on the application of the mayor, or of any &c., may be sentenced to house alderman of the city of Boston, or of any director of the of reformation. 18is, 182a, 3. house of industry, or house of reformation, or of any overseer of the poor, of said city, shall have power to sentence to said house of employment and reformation all children who live an idle or dissolute life, whose parents are dead, or if living, from drunkenness, or other vices, neglect to provide any suitable employment, or exercise any salutary To bekept, &c., control over said children. And the persons thus comtill of age. mitted, shall be kept, governed and disposed of, as hereinafter provided, the males till they are of the age of twentyone years, and the females of eighteen years. 1 All of this section except the last sentence, was substantially re-enacted by stat. 1847, c. 208, ~ 1. See ~ 10, p. 248,post. HOUSE OF REFORMATION. 245 5. The directors of said house of industry, or such other Directors to employ and instruct persons as said city council shall appoint directors of the insti- children. Ibid, Q 4. tution, authorized by the first section, may receive the persons sentenced and committed as aforesaid, into said institution; and they shall have power to place the persons committed to their care, the males until they arrive at the age of twenty-one years, and the females until they arrive at the age of eighteen years, at such employments, and to cause them to be instructed in such branches of useful knowledge, as shall be suitable to their years and capacity; and they Shall havepower shall have power to bind out said minors as apprentices or to bind out. servants, until they arrive at the ages aforesaid, to such persons, and at such places, to learn such arts, trades, and employments, as in their judgment will be most for the reformation, amendment, and future benefit and advantage of such minors. And the provisions of an act, entitled " an To have powers, act providing for the relief and support, employment and seersof the poor. removal of the poor, and for repealing all former laws made for these purposes," passed the twenty-sixth day of February, in the year of our Lord one thousand seven hundred and ninety-four, contained in the fourth, fifth and sixth sections thereof, so far as they relate to binding out children as servants or apprentices, are adopted as a part hereof; and the said directors shall have all the powers, and be subject to all the duties, of the overseers of the poor, as set forth in the sections aforesaid, of the act aforesaid; and the master or mistress, servant and apprentice, bound out as aforesaid, shall have all the rights and privileges, and be subject to all the duties, set forth in the sections aforesaid, of the act aforesaid. 1 1 The sections of the act referred to, (stat. 1793, c. 59, which was repealed by the Revised Statutes,) are as follows: — SECT. 4. And be it further enacted, That said overseers be and they Overseers auhereby are empowered, from time to time, to bind out, by deed indented or thorized tor poll, as apprentices, to be instructed and employed in any lawful art, trade, children. or mystery, or as servants to be employed in any lawful work or labor, any male or female children, whose parents are lawfully settled in and become actually chargeable to their town or district; also, whose parents, so settled, shall be thought by said overseers to be unable to maintain them 246 HOUSE OF REFORMATION. Court may dis- 6. Whenever said directors, overseers, or managers, charge, on recommendation shall deem it expedient to discharge any minor, committed of directors. Ibid, ~ 5. to their charge as aforesaid, and not bound out as a servant or apprentice, and shall recommend the same in writing to the court by whom such minor was committed, said court Proviso. (whether they receive alms, or are so chargeable or not,) Provided, They be not assessed to any town or district charges, and also all such who, or whose parents residing in their town or district, are supported there at the charge of the commonwealth, or whose parents are unable to support them as aforesaid, to any citizen of this commonwealth; that is to say, male children till they come to the age of twenty-one years, and females till they come to the age of eighteen, or are married; which binding shall be as valid and effectual in law as if such children had been of the full age of twenty-one years, and had, by a like deed, bound themselves, or their Provision for parents had been consenting thereto: Provision to be made in such deed instruction of for the instructing of male children, so bound out, to read, write and cychildren that are bound out. pher, and of females to read and write, and for such other instruction, benefit and allowance, either within or at the end of the term, as to the overseers may seem fit and reasonable. Duty of over- SECT 5. And be it farther enacted, That it shall be the duty of said overeersu respect- seers, to inquire into the usage of children already legally bound out, or dren. that may be bound out by force of this act, and to defend them from injuries. And upon complaint by such overseers, made to the court of common pleas in the county where their town or district is, or where the child may be bound, against the master of any such child, for abuse, ill treatCourt C. Pleas ment or neglect, said court (having duly notified the party complained of) authorized to discharge such may proceed to hear the complaint, and if the same be supported, and the children from cause shall be judged sufficient, may liberate and discharge such child their master, in from his or her master, with costs, for which execution may be awarded; otherwise the complaint shall be dismissed, but without costs, unless it appear groundless and without probable cause, in which case costs shall be allowed the respondent. Apprentices dis- And any apprentice or servant, so discharged, or whose master shall bharouged, mayn be decease, may be bound out anew for the remainder of the term, in manner Overseers may aforesaid. And such overseers may also have remedy, by action on such recover damages for breach deed, against any person liable thereby, for recovery of damages for of covenants in breaches of any of the covenants therein contained, which, when recovered, the deed. shall be placed in the town or district treasury, deducting reasonable charges, and disposed of by the overseers, at their discretion, for the benefit and relief of such apprentice or servant within the term; the remainder, if any, to be paid him at the expiration thereof; and the court before which such cause shall be tried originally, and on the appeal, may also, upon the plaintiff's request, if they see cause, liberate and discharge such apprentice or servant from his master, if it hath not then been already done in the Apprentices may method before directed by this act. And such apprentice or servant shall also have action on the deed. have like remedy when their term is expired, for damages for the causes aforesaid, other than such (if any) for which damages may have been re HOUSE OF REFORMATION. 247 shall have power to discharge him or her from the imprisonment or custody aforesaid. 7. The said judge or either of the said justices, on the Children already committed to application of either of the persons mentioned in the fourth house ofeorrection may be section, shall have power to order the transfer of any child transferred to house for juvecommitted to the common jail, or the house of correction, nile offenders. Ibid, O 6. covered as aforesaid, by action upon such deed to be delivered them for that purpose, and on which no endorsement shall be necessary: Provided, Proviso. Such action be commenced within two years after the expiration of the term; and where such deed shall have before been put in suit, an attested copy from the proper office may be used and have the same force as the original. And no action brought by overseers shall abate by the death of some of them, or by their being succeeded in office, pending the action, but it shall proceed in the names of the original plaintiffs or the survivors of them. And in case of elopement, any such apprentice or servant may be ap- In case of prehended by any justice of the peace of the county, where he is bound or elopement, apprentices may where he may be found, upon the complaint of the master, or any other be apprehended. on his behalf, and returned to his master by any person to whom the warrant may be directed, or may be first sent to the house of correction at the justice's discretion. And every person enticing any such apprentice or Persons enticing servant to elope from his master, or harboring him, knowing him to have to elope, liable to action of the eloped, shall be liable to the master's action for all damages sustained master. thereby. And the court of common pleas, either in the county where the Common pleas overseers binding, or the master of any apprentice or servant bound, live, may discharge may also, upon complaint of such master, for gross misbehavior, discharge misbehavior. such apprentice or servant from his apprenticeship or service, after due notice to such overseers, and hearing thereupon. SECT. 6. And be itfurther enacted, That said overseers shall have power Overseers auto set to work, or bind out to service by deed, as aforesaid, for a term not thorized respecting persons of exceeding one whole year at a time, all such persons residing and lawfully age. settled in their respective towns or districts, or who have no such settlement within this commonwealth, married, or unmarried, upwards of twentyone years of age, as are able of body, but have no visible means of support, who live idly, and use and exercise no ordinary or daily lawful trade or business to get their living by; and also all persons who are liable by any law to be sent to the house of correction, upon such terms and conditions as they shall think proper. Provided, always, That any person thinking Proviso, that him or herself aggrieved by the doings of said overseers, in the premises, court may remay apply, by complaint, to the court of common pleas in the county doings. where they are bound, or where the overseers who bound them dwell, for relief; which court, after due notice to the overseers and to their masters, shall have power, after due hearing and examination. if they find sufficient cause, to liberate and discharge the party complaining from his or her master, and to release him or her from the care of the overseers, otherwise to dismiss the complaint, and to give costs to either party or not, as the court may think reasonable. 8 HOUSE OF REFORMATION. and inmates of the same, on March 4, 1826, to the said house for the employment and reformation of juvenile offenders, to be received, kept, or bound out by the directors thereof, in conformity with the foregoing provisions. Separate branch 8. The city of Boston is authorized to establish, in for females may be established. any building or buildings, or part of any building, 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. Children lead- 9. The municipal or police court of said city, upon the ing an idle or dissolute life, complaint, under oath, of the mayor or any alderman thereof, &c., may be sentenced to house or of any of the directors of the house of industry, or of the of reformation. 1847, 208, ~ 1. said house of reformation and employment, or of the overseers of the poor of said city, that any minor, under the age of sixteen years, lives an idle and dissolute life, and that his 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 minor, shall have power, upon conviction thereof, to sentence such minor to such house of reformation and employment, to be kept and governed according to law. Right of appeal 10. Nothing in the two preceding sections is to be consaved. Ibid, ~ 2. strued to take away the right of appeal from the police 1843, 22, 3. court to the municipal court.' ORDINANCE OF THE CITY.2 Directors of SECT. 1. The directors of the house of industry are house of industry appointed di- hereby appointed directors of the house of reformation, rectors of house of reformation. with authority to take such steps as may be necessary to City Records, vol. 19, p. 172. 1 See the acts respecting the State Reform School, 1847, c. 165, and 1850, c. 112. 2 The house of reformation was originally established in a portion of the building occupied as a house of correction, and was under the care of the directors of the house of industry until 18 83, when a separate board was chosen. In 1841 a committee was appointed, of which Mr. Chapman, INTELLIGENCE OFFICES. 249 unite the same with the Boylston Asylum, now under their House of reformation united charge, and henceforward to use the building for the new with Boylston institution, which shall be called the Boylston School and Asylum. House of Reformation, but shall be a part of the house of industry, and which is hereby declared to be also the institution for the reception, instruction, employment, and reformation of juvenile offenders, under the act passed March 4th, 1826. SECT. 2. The said directors shall have all the rights Rights and powand powers of the directors of the house of reformation, as Ibid.directors, to all children who have been heretofore indented from the said house, and as to protecting the rights, and superintending the welfare of said children, and enforcing the provisions of said indentures. INTELLIGENCE OFFICES. STATUTE. 2. Mayor and aldermen may grant 1. No person shall establish or and revoke licenses for estabkeep an intelligence office,with- lishing and keeping intelligence out a license, under penalty. offices. 1. No person shall hereafter establish or keep any No person shall establish or keep intelligence office, for the purpose of obtaining places of an intelligence office, without a employment for male or female family domestics, servants, license, under or other laborers, except seamen, or for procuring or giving 848, 270,. the mayor, was chairman, "with instructions to consider the whole subject of the house of reformation, and whether any change is expedient in the law establishing said institution, and to report by ordinance or otherwise." This committee reported, among other things, that it was expedient to place this institution under the charge of the directors of the house of industry; and they reported two orders to that effect, which were adopted June 28, 1841, and are inserted above. See City Documents of 1841, Nos. 6 and 14. See also City Records, vol. 4, pp. 24, 46, 52, 112, (b), 148, 149, 200, 223, 333; vol. 10, pp. 145, 147, 480; vol. 11, pp. 127, 149, 250, 324; vol. 12, p. 283; vol. 19, p. 172. 32 250 LAMPS. information concerning such places for or to such domestics, servants, or laborers, or for the purpose of procuring, for employers, domestics, servants, or other laborers, except seamen, or procuring or giving information concerning such domestics, servants, or laborers, for or to employers, without a license as hereinafter provided, under a penalty of not less than ten dollars for each and every day such office shall be so kept, to be recovered, by complaint, in any court of competent jurisdiction. Mayor and al- 2. The mayor and aldermen of any city, may grant dermen may grant and re- licenses, for the term of one year, to suitable persons, for voke licenses. Ibid, 2. the foregoing purposes, and may revoke and annul the Fee. same whenever they may deem it expedient; and they shall be entitled to have and recover, for each and every license so granted, the sum of one dollar and no more. LAMPS. STATUTES. 2. Penalties for wilfully breaking 1. Mayor and aldermen empow- or injuring the same, &c. ered to set up lamps, and make 3. Penalty for the same under the rules respecting the same. Revised Statutes. Mayor and al- 1. It shall be lawful for the mayor and aldermen of the dermen empowered to set up city of Boston for the time being, to cause to be set up and lamps, and make rules respecting affixed, such and so many lamps in the streets and other the same. 1825, 3, ~ 1. places in the said city, for the purpose of lighting the same, as they may determine to be convenient and necessary. And the said mayor and aldermen are empowered to make all necessary contracts, rules, orders, and regulations, respecting the said lamps, and the lighting and keeping the same in repair, and the regulation and preservation of the same, as they may deem most for the benefit of said city. Penalties for 2. Whoever shall wilfully, maliciously, carelessly or wilfully break-, throw down, extinguish, or otherwise inwantonly break, throw down, extinguish, or otherwise in LEATHER. 251 jure any of the said lamps, or the posts, irons, or other fur- ing or injuring the same, &c. niture to the same belonging, shall upon conviction thereof, Ibid, ~ 2. forfeit and pay a sum not less than ten dollars nor more than thirty dollars for each lamp so broken or damnified, and the like sum for each post or the iron or other furniture so broken or damaged, and costs of prosecution; which fines and forfeitures shall enure, the one moiety thereof to the use of the commonwealth, and the other moiety to the use of the person who shall prosecute for the same. 1 3. Every person who shall wilfully or maliciously ex- Penalty for the same, under the tinguish any lamp, or break, destroy or remove any lamp, RevisedStatutes. or any lamp post, or any railing or posts, erected on any bridge, sidewalk, street, highway, court or passage, shall be punished by imprisonment in the county jail, not more than six months, or by fine not exceeding fifty dollars.2 LEATHER, STATUTES. 4. Penalty for buying or selling 1. Deputy inspectors of sole leath- sole leather, not inspected. er to be appointed, and to give 5. Inspector to inspect sole leather bond. offered for inspection, except, 2. Inspector general to make an- &c. nual returns. 6. Deputy inspector to inspect on 3. Sole leather not to be sold until application, &c. inspected, weighed and sealed, 7. Sole leather to be weighed and except, &c. stamped. 1 The stat. of 1825, c. 3, provided for the same penalties mentioned in stat. 1823, c. 113, to be recovered and appropriated in the same manner. The statute last mentioned was repealed by the Revised Statutes. The 3d section of stat. 1825, c. 3, repealed an old act, passed June 29, 1773; 3 Sp. Laws, App. 27. 2 Whether this section is applicable to Boston and operates as a repeal of the preceding section, (stat. 1825, c. 3, ~ 2,)-qucere. 252 LEATHER. 8. Penalty for counterfeiting, &c., be appointed by mayor and alinspectors' marks. dermen. 9. Fees. 14. To attend to measuring and 10. Penalty when weight varies sealing upper leather. five per cent. 15. To procure measures and seals 11. Manufacturers may stamp their for the purpose, &c. articles. Such stamp a warran- 16. Penalty for counterfeiting, &c., ty. measurers' marks. 12. Penalty for fraudulently stamp- 17. Fees of measurer, and how ing. paid. 13. Measurers of upper leather to Deputy inspec- 1. The inspector general of sole leatherl shall appoint one tors of sole leather to be appoint- or more deputy inspectors; and in the city of Boston, they ed, and to give bond. shall be appointed upon the application of the mayor and. *S. 28, 11. aldermen, and in any town on application of the selectmen thereof; and the said inspector general shall be answerable for the doings of his deputies, and shall take a bond, with sufficient sureties, from each of them to himself and his successors in office, in a penal sum not exceeding three hundred dollars. Inspector gen- 2. The inspector general of sole leather shall annually, eral to make annual returns. in the month of January, make a return, to the secretary Ibid, O 122 of the commonwealth, of the number and weight of all the sides of sole leather, inspected by him and his deputies during the year, ending on the first day of that month; and in such return, he shall designate the quantity of each quality of leather so inspected, and the quantity of sole leather manufactured out of the state, so far as the same can be ascertained. Sole leather not 3. No sole leather, made of the hides of neat cattle, to be sold until inspected, except such as shall have been previously inspected and weighed and sealed, except, sealed by one of the inspectors of this state, or by some in&C. Ibid, 123. spector lawfully appointed for that purpose in some other of the United States, shall be sold to any person, for any purpose whatsoever, within any town in which there is an inspector, whether such sole leather is manufactured within 1 The inspector general of sole leather is appointed by the governor, with the advice and consent of the council, and holds his office for five years unless sooner removed. He is require(l to give bonds, with sufficient sureties, to the treasurer of the commonwealth, in the penal sum of three thousand dollars. See Rev. Stat. c. 28, ~~ 1, 2, 3, 4, 120. LEATHER. 253 this state or brought into the same from any place whatsoever, until the same shall have been inspected, weighed and sealed by one of the inspectors of such townl within this state. 4. If any person shall, within any town, for which an Penalty for buying or selling inspector has been appointed, buy or sell any sole leather, sole leather not inspected. which shall not have been inspected as aforesaid, he shall Ibid, t124. forfeit one dollar for each side of leather so bought or sold, to be recovered to the use of the town where the offence shall have been committed. 5. Every inspector, whenever requested, shall inspect, Inspector to inspect sole leathwithin the town for which he is appointed, all sole leather er offered for inspection, except, offered for his inspection; provided, however, that when &c. there shall be less than thirty sides of leather to be inspect- Ibid, ~ 125. ed, and the distance shall be more than one mile from his place of residence, he may either require such sole leather to be brought to him for inspection, or may demand and shall be entitled to receive at the rate of ten cents for each mile, which he shall travel in such case, to be computed both in going from and returning to his place of residence. 6. Each deputy inspector, who is appointed for any one Deputy inspector to inspect on town in a county, shall, upon application made to him, in- application, &c. spect sole leather in any other town of the same county, Ibid, ~ 126. when there is no inspector for such other town; and he shall also, upon the like application, inspect sole leather in any town of any adjoining county, when there is no inspector appointed in such adjoining county. 7. Each inspector shall furnish himself with proper Soleleather,how weighed and scales, weights and seals, for the purpose aforesaid; and stanmped. shall weigh each side of sole leather which he shall inspect, Ibid, 127. and shall impress thereon his name, and the name of the place for which he is inspector, at full length, and also the weight thereof; and on all sole leather, which he shall find manufactured of good hides, in the best manner, he shall impress the word best, and on all manufactured of good hides, in a merchantable manner, the word good, and on all 1 In the construction of statutes, the word " town " may be construed to include all cities, &c. Rev. Stat. c. 2, ~ 6, clause 17. 254 LEATHER. manufactured of damaged hides, in a merchantable manner, the word damaged, and on all sole leather not belonging to any of the qualities aforesaid, the word bad. Penaltyforcoun- 8. If any person shall counterfeit, alter or deface, such terfeiting, &c., inspectors' marks on any side of sole leather, so inspected, he shall for marks. Ibid, S 128, each offence forfeit the sum of twenty-five dollars, to the use of the town where the offence shall have been committed. Fees. 9. The inspector general and each deputy inspector shall be paid for inspecting, weighing and sealing each side of sole leather, the sum of two cents, which shall be paid by the purchaser; and the inspector general may receive, from each of his deputies, two mills for each side of sole leather, which such deputy may inspect, weigh and seal as aforesaid. Penalty when 10. If any side of sole leather shall, when dried in a weight varies five per cent. merchantable manner, so vary as to weigh five per cent. Ibid, ~ 130. mnore or less than the weight marked thereon by the inspector, who inspected the same, he shall be subject to the payment of the whole variation, at a fair valuation, to be recovered, in an action of the case, by the party injured thereby. Manufacturers 11. Each manufacturer of leather, or of boots, half may stamp their articles. boots, shoes, pumps, sandals, slippers or over-shoes, shall have the exclusive right of stamping said articles, by him manufactured, with the first letter of his christian name, and the whole of his surname at large, and the name of the Such stamp a town or place of his abode; and such stamping shall be warranty. considered as a warranty that the article stamped is merchantable, and made of good materials and well manufactured; and none of the said articles shall be considered as merchantable, unless stamped as aforesaid. Penalty for 12. Any person, who shall fraudulently stamp, or aid fraudulently stamping. and abet in fraudulently stamping, either of the articles enumerated in the preceding section, with the name or stamp of any other person, shall be punished either by fine, not exceeding one hundred dollars, or imprisonment, not exceeding six months, or both. Measurers ofup- 13. The mayor and aldermen of the several cities, and per leather to be appointed by the selectmen of the several towns in this commonwealth, LEATHER. 255 shall, annually, in the month of April, when thereto re-mayor and aldermen. quested by two or more citizens of said cities or towns, ap- 1841, 119, 5 1. point one or more persons as measurers of upper leather, who shall be sworn to the faithful discharge of their duty. 14. It shall be the duty of said measurers, appointed, To attend to measuring and as aforesaid, to go, whenever requested, to any place within sealing upper the town or city for which they are appointed measurers, Ibid, 5 2 to measure and seal any number of sides of upper leather, made of the hides of neat cattle, buffalo or other animal, usually heretofore sold by measure, except such as shall have been previously measured and sealed by one of the measurers of the same town or city, or of some other town or city in this state, or by some person lawfully appointed for that purpose, in some other of the United States. 15. Each measurer shall furnish himself with proper To procure measures and racks or measures, for the purpose of ascertaining the num- seals for the purpose, &c. ber of square feet in each side of upper leather which he Ibid ~ 3. shall be requested to measure, and also suitable seals, and shall impress thereon his name, and the name of the place for which he is a measurer, at full length, and also the measure thereof in square feet, as low as a quarter. 16. If any person shall counterfeit, wilfully alter, or Penaltyforcounterfeiting, &c., deface such marks on any side of upper leather so measur- measurers' ed, he shall, for each offence, forfeit the sum of twenty-five Ibid, m 4. dollars, one half to the use of the complainant, and one half to the use of the town where such offence shall have been committed. 17. Every measurer shall be paid for measuring and Fees ofmeasurer, and how sealing each side of upper leather, the sum of one cent, paid. which shall be paid by the person who shall have requested ibid, 5 5. him to measure and seal the same. 256 LIBRARY. STATUTE. City of Boston authorized to establish a public library. City of Boston By the act of 1848, c. 52, the city of Boston is authorauthorized to establish a pub- ized to establish and maintain a public library, for the use lic library. 1848, 52. of the inhabitants of the said city; and the city council of the said city may, from time to time, make such rules and regulations, for the care and maintenance thereof, as they may deem proper; provided, however, that no appropriations for the said library shall exceed the sum of five thousand dollars, in any one year. 1 LICENSED HOUSES. STATUTE. shall forbid innholders, &c., sell1. Innholders' and retailers' licen- ing to spendthrifts. ses may be granted by commis- 7. Such prohibition to be renewed, sioners, and the mayor and al- if no reform is effected. Pendermen, &c. Licenses shall alty for transgressing such prospecify place, and shall protect hibition. no other. 8. Same subject. 2. Victuallers' licenses, in Boston. 9. Licensed houses in Boston. 3. All licenses to expire on the 10. License may authorize the first of April. keeping of an inn, &c., without 4. Fee for licenses. authority to sell liquor. 5. Licenses to sell wine, &c., may 11. Licenses may be granted for be granted without fee. the sale of intoxicating liquors, 8. The mayor and aldermen, &c., for mechanical and medicinal purposes only. 1 The second section of this act contained a provision that it should be null and void unless it should be accepted by the city council within sixty days after its passage. The act was passed March 18, 1848. It was accepted April 3, 1848. See City Records, vol. 26, p. 125. For general provisions concerning libraries and lyceums, see R. S. c. 41, and 1846, c. 94. LICENSED HOUSES. 257 1. The commissioners, in the several counties, may Innholders' and retailers' licenlicense, for the towns in their respective counties, as many sesmaybegranted by commispersons to be innholders, or retailers therein, as they shall sioners, and the mayor and althink the public good may require; and the mayor and dermen, &c. aldermen of the city of Boston may, in like manner, license R. S. 47, ~ 17. innholders and retailers, in the said city; and the court of common pleas in the county of Suffolk may, in like manner, license innholders and retailers in the town of Chelsea; and Licenses shall every license, either to an innholder or retailer, shall con- anedchall protect tain a specification of the street, lane, alley, or other place, no other. and the number of the building, or some other particular description thereof, where such licensed person shall exercise his employment; and the license shall not protect any such person from the penalties, provided in the fortyseventh chapter of the Revised Statutes, for exercising his employment in any other place, than that which is specified in the license. 2. The mayor and aldermen of the city of Boston may Victuallers' license, for the said city, as many persons to be common Boston. victuallers, as they shall think the public good may require; 1 Lbid,' 18. and every such license shall contain such a specification or description, as is mentioned in the preceding section, of the street, or other place, and of the building, where the licensed person shall exercise his employment; and the license shall not protect him from the penalties, provided in said forty-seventh chapter, for exercising it in any other place. 3. All licenses to any innholder, retailer, or common All licenses to expire on the victualler, shall expire on the first day of April, in each first of April. year; but any license may be granted or renewed, at any Ibid,' 19. time during the preceding month of March, to take effect from the said first day of April; and after that day, they may be granted for the remainder of the year, whenever the officers authorized to grant the same shall deem it expedient. 4. Every person who shall be licensed as before pro- Fee for licenses vided, shall pay therefor to the clerk of the city of Boston, Ibid, Q 20. 1 See House of Correction, p. 229, ~ 36, ante. 33 258 LICENSED HOUSES. the clerk of the court of common pleas for the county of Suffolk, or to the clerk of the commissioners of the respective counties so licensing said person, one dollar, which shall be paid by said clerks to the treasurers of their respective counties, for the use of said counties; and such person shall also pay twenty cents to the use of the said clerks respectively; and no other fee or excise whatever shall be taken from any person, applying for or receiving a license, under the provisions of the said chapter. Licenses to sell 5. Any license to an innholder, retailer, or common wine, &c., may be granted with- victualler, may be so framed as to authorize the licensed out fee. obid, ee 1. person to sell wine, beer, ale, cider, or any other fermented liquor, and not to authorize him to sell brandy, rum, or any other spiritous liquor; and no excise or fee shall be required for such a license. The mayor and 6. When any person shall, by excessive drinking of aldermen, &c., shall forbid inn- spiritous liquors, so misspend, waste or lessen his estate, as holders, &c., selling tospend- thereby either to expose himself or his family to want or thrifts. Ibid, ~ 14. indigent circumstances, or the town to which he belongs to expense, for the maintenance of him or his family, or shall so habitually indulge himself in the use of spiritous liquors, as thereby greatly to injure his health or endanger the loss thereof, the selectmen of the town, in which such spendthrift lives, shall, in writing under their hands, forbid all licensed innholders, common victuallers and retailers of the same town, to sell to him any spiritous or strong liquors aforesaid, for the space of one year; and they may in like manner forbid the selling of any such liquors to the said spendthrift, by the said licensed persons of any other town to which the spendthrift may resort for the same; and the city clerk of the city of Boston shall, under the direction of the mayor and aldermen thereof, issue a like prohibition, as to any such spendthrift living in the said city. Such prohibition, 7. The said mayor and aldermen, and said selectmen, to be renewed. if no reformis shall, in the same manner, from year to year, renew such Ibid, i 15. prohibition, as to all such persons as have not in their opinPenalty for ion reformed within the year; and if any innholder, comtransgressing a real such prohibiti.on.o victualler or retailer, shall, during any such prohibition, such prohibition. mo icuiiro LICENSED HOUSES. 259 sell to any such prohibited person, any such spiritous liquor, he shall forfeit for each offence twenty dollars. 8. When the said mayor and aldermen, or selectmen, Same subject. in execution of the foregoing provisions, shall have pro- bid, 16. hibited the sale of spiritous liquors to any such spendthrift, if any person shall, with a knowledge of said prohibition, give, sell, purchase, or procure for and in behalf of such prohibited person, or for his use, any such spiritous liquors, he shall forfeit for each offence twenty dollars. 9. The mayor and aldermen of the city of Boston shall Licensed houses in Boston. exercise and perform all the powers and duties of county R.s. 84, ~ 8. commissioners, relating to licensed houses in the said city, as is prescribed in the forty-seventh chapter of the Revised Statutes. 10. Any license to an innholder or common victualler License may authorize the keepmay be so framed as to authorize the licensed person to ing of an inn, &c., without keep an inn or victualling house, without authority to sell authority to sell liquor. any intoxicating liquor, and no excise or fee shall be re- 1837, 242, i 2. quired for such license: provided, that nothing contained in this, or the nine preceding sections, shall be so construed as to require the county commissioners to grant any licenses when, in their opinion, the public good does not require them to be granted. 11. The county commissioners, in the several counties, Licenses may be granted for the upon the recommendation of the selectmen of the towns in sale of intoxicating liquors, which such persons may reside, and the mayor and alder- for mechanical and medicinal men of the several cities, may authorize, by license, for a purposes only. period of time not exceeding one year, and revocable at 1850, 232, 2. their pleasure, as many persons as they shall think the public good may require, to sell, in the towns or cities where they reside, intoxicating liquors in a less quantity than twenty-eight gallons, and that delivered and carried away all at one time, for mechanical and medicinal purposes only.' 1 For general laws respecting the sale of spiritous liquors, see R. S. c. 47; 1837, c. 242; 1840, c. 1; 1844, c. 102, 160; and 1850, c. 232. 260 LUMBER. STATUTE. 8. One sort of mahogany and Ordinances may be established re- cedar. Manner of surveying specting survey of lumber. the same. 9. Hewn timber. Sawed timber. ORDINANCE. Contents, bow to be marked. 1. Surveyor general of lumber to Deduction. Lumber to be sold be appointed. Shall give bond. according to these marks. How 2. May appoint deputy surveyors. surveys shall be made. Their duties. Proviso. 10. Fees; to be paid by the pur3. There shall be four sorts of chaser. pine boards and planks. 11. How collected and paid over. 4. Two sorts of pine joists. 12. Surveyor general to make an5. Two sorts of spruce, hemlock, nual returns. and juniper boards, plank and 13. Penalty for conniving at fraud. joists. For neglect of duty. 6. Two sorts of ash, maple, and 14. Penalty for selling or purchasother hard wood, &c. ing lumber not surveyed, ex7. Two sorts of other timber. cept, &c. STATUTE. City government In the city of Boston, the city government may establish m:ty establish ordinances re- any ordinances and regulations, with suitable penalties, oftn sumber.vey respecting the appointment of surveyors and the survey and R. S. 28, ~ 155. 9 Greenl. 54. admeasurement of boards, plank, timber, and lumber of every description, brought by water into said city for sale, as they may from time to time determine to be expedient. ORDINANCE OF THE CITY. 1 Sltrveyor gen- SECT. 1. There shall be a surveyor general of lumber, eral of lu,,,ber to;le appointed. for the city of Boston, who shall be well skilled in the surJuy25, 1842. veying and admeasurement of lumber, to be appointed in the month of February annually, by concurrent vote of the city council, who shall hold his office for one year, and 1 An ordinance regulating the survey and admeasurement of lumber brought into the city of Boston by water, for sale, passed July 25, 1842 and an ordinance in addition thereto, passed December 31, 1847. LUMBER. 261 until a successor be chosen, unless sooner removed., And Shall give bond. before he shall enter on the duties of his office, he shall give bond, with sufficient sureties, to the mayor and aldermen, in the sum of two thousand dollars, for the faithful discharge of his duty, and he shall be sworn faithfully to perform the same. SECT. 2. The said surveyor general of lumber shall May appoint deputy surveyors. have power to appoint such a number of competent and Ibid, Dec. 1847. discreet deputy surveyors of lumber, clapboards and shingles, as he shall judge sufficient, not, however, less than twelve, nor more than twenty-two; out of which number July 25, 1842. he shall appoint one or more deputy surveyors, whose sole and especial duty it shall be to survey oak, and other hard wood commonly used in ship building; and also one or more deputy surveyors, whose sole and special duty it shall be to survey mahogany, ash, cedar, and other ornamental wood and lumber; and said surveyor general shall be answerable for his deputies, and shall take bond from them respectively for the faithful discharge of their duty, and they shall be sworn faithfully to perform the same, and they shall be removable at the pleasure of said surveyor general. And it shall be the duty of said surveyor general and his deputies to survey and admeasure all lumber brought into the city of Boston by water, for sale, according to the provisions of this ordinance: provided, that no person shall be Proviso. appointed or continued in office as a deputy surveyor, who is employed by any dealer in the kind of lumber which he is appointed to survey, except in the duties of his office, or who is himself a dealer in that kind of lumber. SECT. 3. In the survey of pine boards and planks, There shall be four sorts of there shall be four sorts; the first sort shall be denomi- pine boards and planks. nated number one, and shall include boards not less than Ibid. one inch thick, straight-grained, and free from rot, sap, knots and shakes. The second sort shall be denominated number two, and shall include boards not less than one inch thick, free from rot and large knots, and suitable for planing; provided that such boards as are clear, but are deficient in thickness as aforesaid, shall be received as number two by making such allowance for the deficiency in 262 LUMBER. thickness as may be required to make them equal to one inch thick. The third sort shall be denominated number three, and shall include boards not less than seven-eighths of an inch thick, nearly free from rot, and nearly squareedged, and suitable for covering buildings. The fourth sort shall be denominated number four, and shall include all boards and plank of every description, not being within the other three denominations. Two sorts of SECT. 4. In the survey of pine joists, there shall be two pine joists. Ibid. sorts; the first sort shall be denominated number one, and shall include all joists that are sound and square-edged; the second sort shall be denominated number two, and include all other descriptions. Two sorts of SECT. 5. In the survey of spruce, hemlock, and juniper spruce, hemlock, and juniper boards, plank and joists, there shall be two sorts; the first boards, plank and joists. sort shall be denominated number one, and shall include all Ibid. boards, plank and joists that are sound and square-edged. The second sort shall be denominated number two, and shall include all other descriptions. Twosorts ofash, SECT. 6. In the survey of ash, maple, and other hard maple, and other hard wood, &c. wood, and ornamental boards, plank, and joists, there shall Ibid. be two sorts. The first sort shall be denominated number one, and shall include all boards, plank, and joists, that are sound and free from shakes. The second sort shall be denominated number two, and shall include all other descriptions. Two sorts of SECT. 7. In the survey of timber, except mahogany and timber, except mahogany and cedar, there shall be two sorts. The first sort shall be decedar. Ibid. nominated number one, and shall include all timber that is sound, straight, square-edged, and in lengths or joints not less than sixteen feet in length, due allowance being made for sap. The second sort shall be denominated number two, and shall include timber of all other descriptions. One sort of SECT. 8. In the survey of mahogany and cedar, there mahogany and cedar. Manner shall be but one sort. And it shall be the duty of the of surveying the same. surveyor general of lumber, and of his deputies, who are specially appointed to survey mahogany and cedar, to number all the mahogany and cedar logs or sticks, contained in each lot or cargo, in regular numerical order, and to mark LUMBER. 263 the number of each log or stick upon the same, in legible characters. And the said surveyor shall, to the best of his ability, ascertain the whole number of feet, board measure, in each and every log or stick, and what quantity thereof is merchantable, and what is refuse. And said surveyor shall thereupon issue a certificate, or survey bill, of said survey, in which shall be stated the number of each log or stick, and the whole number of feet contained in the same, and specifying the number of feet which is merchantable and refuse. SECT. 9. All hewn timber six inches square and upwards, Hewn timber. except timber called scab, shall be surveyed and sold as ton timber, at and after the rate of forty cubic feet to a ton. All sawed timber shall be surveyed and sold by board Sawed timber. measure. In the survey of boards, planks, joists and sawed Contents, how timber, the contents of the same shall be truly marked to bemarked. thereon, in plain and legible numbers, and all other marks shall be erased. And on the second and third sorts of boards and planks, the numbers two and three shall be in like manner marked thereon respectively. Allowance and Deduction for deduction shall be made for splits, not exceeding in any splits case one half the extent of the splits. All boards, planks, Lumber to be sold according joists, and sawed timber, shall be received and sold accord- to these marks. inn to the contents thereof as fixed and marked under the aforesaid regulations; but all surveys shall be made under How surveys the direction of the surveyor general, by his deputies; and shall b made. application shall be made, by all persons requiring surveys, to the surveyor general, who shall in each and every case notify and direct his deputies in rotation. SECT. 10. The fees for surveying and marking accord- Fees; to be paid by the purchaser. ing to the foregoing provisions of this ordinance, and to be Ibid.' paid by the purchaser, shall be as follows, viz:-for pine, spruce, hemlock, and juniper boards, planks, joists, and sawed timber, twenty-four cents for every thousand feet, board measure; for pine, spruce, hemlock and juniper timber, twelve cents for every ton; for oak timber, twentyfour cents for every ton; for ash, maple, and other hard wood, and ornamental boards, plank and joists, forty cents for every thousand feet, board measure; for Cuba, St. Do 264 LUMBER. mingo and other branch or hard mahogany, one dollar for every thousand feet, board measure; and for mahogany from the bay of Honduras, and for cedar, seventy-five cents for every thousand feet, board measure. How collected SECT. 11. The deputy surveyors shall collect the fees, and paid over. Ibid. specified in the tenth section, as often as once in three months, and when collected shall pay over to the surveyor general, to his own use, ten cents for every hundred cents so collected and received by them. Surveyor gen- SECT. 12. It shall be the duty of the surveyor general eral to make annual return. annually, on the first Monday of February, to make a true Ibid. return to the city council, of all lumber surveyed by his deputies, specifying the various kinds and qualities, and by whom surveyed, and the amount of all fees received by him and his deputies, pursuant to this ordinance. Penalty for con- SECT. 13. If the said surveyor general, or either of his niving at fraud. Ibid. deputies, shall be guilty of, or connive at any fraud or deceit, in surveying, marking or numbering, the contents of any boards, plank, joists or timber, he shall forfeit and pay for every offence, a sum not less than ten dollars, nor more Forneglectof than twenty dollars. And if the surveyor general or his deputies, on due notice and request, shall unreasonably neglect or refuse to perform the duties enjoined by this ordinance, he shall forfeit and pay for every such offence, a sum not less than ten dollars nor more than twenty dollars; one half of the aforesaid forfeitures to be recovered by him or them who shall sue for the same to his or their use; and the other half to the use of the city of Boston, before any court of competent jurisdiction. Penalty for sell- SECT. 14. It shall not be lawful for any person within ing or purchasing lumber not the city of Boston, to sell or to purchase any boards, plank, cepteed e&.- joists or timber, brought by water into said city, unless they shall be surveyed, marked and numbered, conformably to the provisions of this ordinance, except only such as are, bona fide, intended to be exported, and shall be actually shipped for the purpose of such exportation within one year after the same shall have been sold and delivered to the person first purchasing or receiving the same in said city. And every person who may sell or purchase any boards, LUNATICS. 265 plank, joists or timber, not surveyed, marked or numbered as herein is provided, subject only to the foregoing exceptions, shall forfeit and pay for all boards, plank, joists and timber so sold and purchased, double the amount of fees due for the services herein prescribed for the surveyor general and his deputies, to be sued for and recovered in any court of competent jurisdiction, by the surveyor general, or his deputy, one half thereof to the use of the person who shall sue for the same, and the other half to the use of the city of Boston.' LUNATICS. STATUTES. provide for custody of lunatic 1. Boston lunatic hospital to be in other places. Expense, how erected. reimbursed. 2. Superintendent. 10. Trustees of state lunatic hos3. Ordinances respecting hospital pital may remove lunatics, may be passed. when necessary to accommo4. Inspectors of prisons to be in- date others. spectors of hospital. 11. Remedies for recovering ex5. Amount to be allowed for sup- penses of support of lunatic so port of persons confined. Fees. removed. 6. Insane persons confined in 12. A town that pays for support house of correction, &c., and of lunatics, may recover the patients removed from state lu- expense, of the town in which natic hospital, shall be confined they have settlement. in Boston lunatic hospital. 7. Boston police court may com- ORDINANCE. mit to Boston lunatic hospital 1. Board of visitors. in certain cases. Appeal to 2. Rules and regulations to be municipal court. submitted to city council. 8. Notice of intended application 3. Superintendent. to police court shall be first 4. His duties. given to mayor, &c. 5. Subordinate officers. Rules. 9. Mayor and aldermen may dis- 6. Superintendent to make annual charge from confinement. May report. 1 For general laws respecting the survey of lumber, see R. S. c. 28, ~ 141-155. 34 266 LUNATICS. STATUTES. Boston lunatic 1. The city council of the city of Boston are hereby hospital to be erected. authorized to erect and maintain a hospital, for the recep1839 131 tion of insane persons not furiously mad; and provision shall be made for the comfortable support of all persons confined therein. Superintendent. 2. The said city council shall appoint a superintendDbid, ~ 2 ent, who shall be a physician, and constantly reside at said hospital. Ordinances re- 3. The said council shall have power to pass such ordispecting hospital maybe passed. nances as they may deem expedient for conducting, in a Ibid, Q 3. proper manner, the business of the institution, and for appointing such other officers as, in their opinion, may be necessary. Inspectors of prisons to be in- 4. The inspectors of prisons for the county of Suffolk spectorsofhos- shall be inspectors of said hospital, and shall perform the pital. Ibid, ~ 4. like duties in relation to it that they are now by law required to perform in relation to the prisons in said county. 1 Amounwet to bse 5. [Whenever it shall be made to appear, on applicaport of persons tion in writing to the judge of the municipal court in the confined. Ibid, g 5. city of Boston, that any person is insane, not being furiously mad, the said judge is hereby authorized to order the confinement of such person in the said hospital: provided, that upon the request of such person, the question of his sanity shall be tried by a jury in said court.] Such sum per week shall be allowed and paid, for the support of every such person confined as aforesaid, as the mayor and aldermen of the city of Boston shall direct; and if, in any case, there shall be no parent, kindred, master, guardian, town or city, obliged by law to maintain the person so confined, and if he have no means of supporting himself, the same sum shall be paid out of the treasury of the commonwealth, for his support, as may be allowed for other lunatic or insane state paupers, [and any person, committed as aforesaid by said judge, may at any time be discharged, when, in his opinion, such discharge would be for the benefit of the per1 See House of Correction, ~ 28-32, p. 225, 227, ante. LUNATICS. 267 son so confined, or when, in his opinion, such person would be comfortably supported by any parent, kindred, friends, master or guardian, or by any town or city in which such person may have a legal settlement;] and the [said] judge, Fees. jury and other officers, and all witnesses, shall receive the same fees and compensation for services performed and for attendance and travel, as are allowed by law for like services in criminal proceedings, to be taxed, allowed and paid in the same manner. 1] 6. All insane persons who are confined in the house Insanepersons confined in of correction or the house of industry in said city, orhouseofcorrecmay hereafter be subject to confinement therein, and all patients removed from state lulunatics, idiots, and other patients, who shall be removed natic hospital, shall be confined from the state lunatic hospital at Worcester, to the city of in Boston lunatic hospital.:Boston, by the trustees thereof, by virtue of the fourteenth Ibid, 6. and fifteenth sections of the forty-eighth chapter of the Revised Statutes, shall hereafter be confined in the said Boston lunatic hospital.2 7. Whenever it shall be made to appear, on application Boston police court may cornin writing to the police court of the city of Boston, that mit to Boston lunatic hospital, in any person is insane, not being furiously mad, and is either certain cases. chargeable or likely to become chargeable to the city or 1840, 79, Q 1. the state, or being furiously mad, has his legal settlement in and is chargeable to said city, the said police court are hereby authorized to order the confinement of such person in the said Boston lunatic hospital, saving to the person Appeal to municomplained against, the right to appeal from such order to the municipal court of the city of Boston, as is now allowed from other judgments of said police court by law. And upon his appeal, the question of his sanity shall, upon his request therefor, be tried by a jury in said court. If on such appeal it shall be made to appear that such person is 1 So much of the act, of which this section, forms a part, as relates to the commitment of persons to the Boston Lunatic Hospital, by the judge of the municipal court of the city of Boston, and to their discharge therefirom by him, was repealed by stat. 1840, c. 79, ~ 4. 2 See the fifteenth section referred to, post, ~ 10, p. 269. The 7th section of stat. 1839, c. 131, was in effect repealed by stat. 1840, c. 79, ~ 3. See ~ 9, post. 268 LUNATICS. insane as aforesaid, and is or is likely to be chargeable as aforesaid, the said municipal court shall affirm the judgment of the said police court, with additional costs, and issue a warrant for his commitment according to law; otherwise such person shall be discharged. Notice of intend- 8. Any person who shall apply for the commitment of ed application to police court shall any lunatic, under the provisions of the preceding section, be first given to mayor, &c. shall first give notice in writing to the mayor of the city of Ibid, Boston, of his intention to make such application, and satisfactory evidence that such notice has been given shall be produced to the said police court, at the time of making such application. And the said police court may order any further notice of such application to be given to the person complained of, or to any other person or persons in his behalf, as they shall deem to be necessary or reasonable. Mayor and al- 9. Any person committed to said hospital by either of dermen may discharge from con- the courts as aforesaid, and any person who may be confinement. lbid, 3. fined in said hospital, upon his removal from the state lunatic hospital, as provided in the sixth section, may at any time be discharged therefrom by the mayor and aldermen of the said city of Boston, whenever the cause of confinement shall have ceased to exist, or when in the opinion of the said mayor and aldermen such discharge would be for the benefit of the person so confined, or when in their opinion such person would be comfortably supported by any parent, kindred, friends, master or guardian, or by any town or city in which such person may have a legal settleMayprovide for ment. And said mayor and aldermen, whenever in their custody of lunatic in other opinion, such lunatic or insane person can in such manner places. be more comfortably provided for, and the safety of the public will not be endangered thereby, may provide for his custody and support in other places than in said hospital, the said lunatic or insane person still continuing subject to the order and direction of the said mayor and aldermen; or, said mayor and aldermen may deliver him to the custody and care of any city or town in which he may have a Expense of same, legal settlement. The expense of so providing for such how reimbursed. lunatic or insane person, shall be reimbursed in the same manner, and recovered by the same remedies, as are pro LUNATICS. 269 vided in the sixteenth section of the forty-eighth chapter of the Revised Statutes: I provided, that in no case shall the sum charged for such provision exceed two dollars and fifty cents per week. 10. If, at any time, the lunatics in the state lunatic Trustees of state lunatic hospital hospital at Worcester shall be so numerous, that they can- may remove luinatics, when nenot all be suitably accommodated therein, and in the opinion cessary to accornmodate of the trustees, it shall be proper that some of them should others. be removed therefrom, the trustees may remove, to the jails R. S. 48, S 15. or houses of correction in the respective counties, from which such lunatics were sent, so many of them as may be necessary, in order to afford suitable accommodation for the remainder of them; and the keepers of the jails and houses of correction in the said counties shall receive the lunatics so removed; and a certificate, under the hands of three or more of the trustees, shall be their sufficient warrant therefor; and in making selections among the lunatics for such removal, the trustees shall, in all cases, when other circumstances are equal, select foreigners before citizens, and among citizens, they shall select those, who, in their opinion, are least susceptible of improvement at the hospital; and the lunatics so removed shall be subject to the order and direction of the commissioners of said counties, respectively.2 11. For reimbursing any expenses, incurred by the city Remedies for recovering expenof Boston, for the support of any lunatic, removed as is sesof support of provided in the preceding section, the said city, if such luna- ovead. tic had any legal settlement in this state, shall have the 18Pictk. 379. like remedy against the town or city, where his settlement is, as towns have agaiist each other, to recover the expenses of supporting paupers, and subject to the like conditions and limitations; and if the said lunatic has not a legal settlement in this state, the said city of Boston may recover the said expenses, in an action for money laid out and expended, in the name of the treasurer, against the said lu1 See post, ~ 11. 2 See ante, ~ 6, p. 267, for confinement of persons so removed in Boston Lunatic Hospital. 270 LUNATICS. natic, his executors and administrators; and if he shall have no estate to satisfy the execution in such suit, and shall not have a legal settlement in this state, the said city shall be indemnified by the commonwealth. A town that 12. Whenever any lunatic or insane person shall be pays for support oflunatics, may committed to the state lunatic hospital, at Worcester, from recover the expense, of town in any town wherein he has not a legal settlement, and such which they have settlemhnt have town shall pay the expense of his support at said hospital, 1841, 77. such town may recover from the town in which he has a legal settlement the full amount of all the expense so paid to said hospital. 1 ORDINANCE OF THE CITY.2 Board ofvisitors. SECT. 1. There shall be chosen by the city council, anMarch 13, 1845. nually, 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 visitors 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 board of visitors of the said hospital, by the succeeding sections. Rules and regu- SECT. 2. All rules and regulations which shall be made lations to be submitted to the by the said board of visitors, for the employment, compencity council. sation and discharge of the subordinate officers, attendants, and domestics, and for the government and management of the said hospital, shall, within one month after the same shall have been made, be submitted to the city council, and such rules and regulations shall be in force until repealed 1 For other provisions respecting the State Lunatic Hospital at Worcester, and general laws respecting lunatics, see R. S. c. 48; 1836, c. 223; 1837, c. 228; 1838, c. 31, 73; 1839, c. 149; 1842, c. 96, 100; 1843, c. 65; 1844, 120, 146; 1848, c. 320; 1849, c. 68, 74; 1850, c. 150. See also House of Correction. 2 An ordinance relating to the Boston Lunatic Hospital, passed October 3, 1842, and two ordinances in addition thereto, passed March 13, 1845, and June 4, 1846. LUNATICS. 271 by said board of visitors, or until disapproved of by vote of the said city council. SECT. 3. There shall be annually chosen by concurrent Superintendent. vote of the city council, in the month of September or Oc- October 3, 1842. tober, a superintendent; he shall hold his office until another is chosen in his place; he shall be removable at the pleasure of the city council, and receive such salary as the said council may fix and determine, and in case of a vacancy in said office, the said council may at any time proceed forthwith to fill the same. SECT. 4. The superintendent, under the direction of the His duties. board of visitors, shall have the control of all departments Ibid. of the hospital, and of all subordinate officers, attendants and domestics, and of the patients, and the charge of the grounds, buildings and appurtenances. SECT. 5. The board of visitors shall determine what Subordinate officers. subordinate officers, attendants and domestics are neces-l bid. sary, and prescribe such rules for their employment, compensation and discharge, as they shall think proper. They Rules. shall have power to make such rules and regulations for the government and management of the hospital, as they may deem expedient, not inconsistent with this ordinance or the laws of the commonwealth. SECT. 6. Th6 superintendent of the Boston lunatic hos- Superintendent to make annual pital shall, in the month of December annually, report to report. the board of visitors of said institution, upon such matters June 4, 1846. as they may direct in reference to the general state of the hospital, and condition of the inmates during the preceding year, ending on the thirtieth day of November; and said board of visitors shall communicate said report, with such further information as they may deem important, to the city council forthwith. 272 MARSHAL. ORDINANCE OF THE CITY.1 1. Appointment of city marshal. receive complaints, &c. Duty Tenure of office. as to prosecutions of offenders. 2. To be constable. To be sworn 7. To keep record. To make reand give bond. Rank. port. 3. Additional bond. 8. Duty as to obstructions in 4. Deputies. streets. 5. Compensation. May be re- 9. To enforce ordinances of city, moved. and orders of mayor and alder6. Marshal to attend at office, to men. Appointment of SECT. 1. There shall be appointed, by the mayor and city marshal. Sept. 12,1850. aldermen, annually, in the month of May or June, and whenever a vabancy occurs, a city marshal, who shall hold Tenure of office. his office one year from the time of his appointment, unless removed as is hereinafter provided. To be constable. SECT. 2. The said city marshal shall also be appointed Ibid. To be swornand a constable of the city, and shall take the oath and give give bond. Rank. bond according to law. He shall have precedence and control over all other constables and police officers, whenever engaged in the same service, and whenever directed thereto by the mayor and aldermen. Additional bond. SECT. 3. The said city marshal, in addition to the bond Ibid. mentioned in the preceding section, shall give a bond, with sureties, to be approved by the mayor and aldermen, in the sum of one thousand dollars, for the faithful performance of the duties of his office..Deputies. SECT. 4. The said city marshal, whenever authorized Ibid. by the mayor and aldermen, may appoint one or more deputies, to be approved by the mayor and aldermen, who shall also be appointed special police officers. They shall assist the city marshal in the duties of his office, and may act for him on all proper occasions, in his absence; and he shall be responsible for their conduct. 1 An ordinance providing for the appointment of a city marshal, and fixing his duties, passed September 12, 1850. MARSHAL. 273 SECT. 5. The said city marshal and his deputies shall Compensation. receive such compensation as the city council may from time to time determine, and they or either of them may be Maybe removed. removed from office at any time by the mayor and aldermen. SECT. 6. The said city marshal shall attend at his office Marshal to attend at his office daily, by himself or his deputy or deputies, at all hours, day o receive complaints, &c. and night, including Sundays, for the purpose of receiving all Ibid. complaints of the inhabitants, respecting offences committed against the laws, the ordinances of the city, and orders of the mayor and aldermen, and shall be vigilant in detecting any such offences. He shall institute prosecutions against Duty as to prosecutions of all offenders against such laws, ordinances and orders, with- offenders. out unnecessary delay, and shall attend to the trial of the same, and shall take proper measures for the conviction of such offenders, whenever the same are discovered by him or brought to his notice. SECT. 7. The said city marshal shall keep a correct To keep record. record of all the doings of his office, and shall make a regular report thereof to the city council, as often as once in To make report. three months, and at such other times as they shall require. SECT. 8. The said city marshal shall take notice of all Duty as to obstructions in nuisances, impediments, and obstructions in the streets, streets. lanes, alleys, courts, public places and squares of the city, Ibid. and shall remove the same, or take all proper measures in relation thereto according to law, under the direction of the mayor and aldermen. SECT. 9. The said city marshal shall enforce and carry To enforce ordinances of the into effect, to the utmost of his power, all and every of the city anrd orders of mayor and ordinances of the city and orders of the mayor and aldermen aldermen. which shall be in force; he shall obey and execute all the Ibid. commands and orders of the mayor and aldermen, in relation to any matter or thing in which the city may be in any wise concerned or interested; and shall comply with all such regulations, as may at any time be prescribed by the mayor and aldermen. 35 274 OFFICERS AND OFFICE HOURS. ORDINANCE. 4. Office hours of treasurer. 1. Time and mode of choosing 5. Of city clerk, auditor and regiscertain officers. trar. 2. Certain provisions to be direc- 6. Of assessors. tory merely. 7. Officers to attend at other times, 3. Committee on public buildings if required. to assign offices and rooms. 8. Duties of city clerk. ORDINANCE OF THE CITY.1 Time and mode SECT. 1. The following city officers shall be chosen anof choosing certain officers. nually, in the month of January or February, by concurSept 9 1850. rent vote of the two branches of the city council, to wit: surveyors of highways, fence viewers, cullers of hoops and staves, field drivers, pound keepers, and inspectors of lime. Certain provi- SECT. 2. Whenever any ordinance shall provide for the sions to be directory merely. election of any city officer, at or within a time specified, Ibid. such provision shall be considered as directory; and an election after the expiration of such time shall be valid. Committee on SECT. 3. It shall be the duty of the committee on pubto asspub lic buil dings, under the direction of the mayor and alderoffices and rooms. men, to assign and furnish in a proper manner suitable Ibid. offices and rooms in the public buildings, or to procure the same elsewhere at the expense of the city, for the various city officers. Office hours of SECT. 4. The office hours of the city treasurer shall be treasurer. tIbid. from nine of the clock in the forenoon until two of the clock in the afternoon. Of city clerk, au- SECT. 5. The office hours of the city clerk, the auditor of ditor and registrar. accounts, and the city registrar, shall be, from the first day of April to the first day of October, from eight of the clock in the forenoon until two of the clock in the afternoon, and from three and one half of the clock in the afternoon until six of the clock in the afternoon; and the remainder of the year, from nine of the clock in the forenoon until two of the clock 1 An ordinance in relation to city officers and office hours, passed Sept. 9, 1850. ORDINANCES, AND BY-LAWS. 275 in the afternoon, and from three and one half of the clock until five of the clock in the afternoon. SECT. 6. The office hours of the assessors shall be the Of assessors. same as those appointed in the next preceding section, except for such portion of the year as they may be necessarily absent, for the purpose of appraising the real and personal property, and obtaining the number of polls, for taxation. SECT. 7. Each of the officers before named shall attend Officers to attend at other the duties of their several offices at such other times as the times, if remayor and aldermen may deem the interest of the city to Ibid. require. SECT. 8. The, city clerk, under the direction and con- Duties of city clerk. trol of the mayor and aldermen, shall have the care and Ibid. custody of the city records, and of all documents, maps, plans and papers, respecting the care and custody of which no other provision is made. He shall attend and keep the records at all meetings of the city council. ORDINANCES, AND BY-LAWS. 1 STATUTES, &C. 3. City councils of all cities shall i. By-laws may be annulled by have power to make by-laws regeneral court. specting peace, good order, and 2. Power of city council of Boston internal police. to make by-laws. Provisoes. 4. In complaints, &c., upon by1 All by-laws must be reasonable or they are void. Whether a by-law be reasonable or not is for the court to determine, and evidence to the jury on that question is inadmissable. Commonwealth v. Worcester, (3 Pick. 462.) The mayor and aldermen of Boston have no power to suspend a by-law of the city, nor to authorize a violation of it. ibid. By the Revised Statutes, c. 15, ~ 15, it is provided that all by-laws made by any town shall be published in one or more newspapers printed in the county where such town is situated. The by-laws made by any town are binding upon all persons coming within the limits thereof, as well as upon the inhabitants of such 276 ORDINANCES, AND BY-LAWS. laws, no part of such by-law ORDINANCES. shall be required to be re- 1. Enacting style of city ordinancited. ces. 5. Police court shall have cogni- 2. Ordinances to be examined, zance of offences against the enrolled and recorded. by-laws of the city, except, 3. Ordinances, and the orders of &c. the mayor and aldermen, to be 6. Jurisdiction of municipal court. published. This provision to 7. I-ow fines, &c., shall be recov- be directory merely. ered and appropriated. 4. Fines to enure to the use of the 8. Person committed for non-pay- city, except, &c. ment of fine, &c., shall not be 5. When this ordinance shall take confined more than ten days. effect. STATUTES, &C. By-laws may 1. It is provided, by the constitution of the commonbe annulled by general court. wealth, that all by-laws, by municipal or city governments, Const. of Mass. Amend. Art.. erected and constituted by the general court, shall be subject, at all times, to be annulled by the general court. Power of city 2. The city charter, ~ 15, provides, that the city councouncil to make by-laws. cil shall have power to make all such needful and salutary 21 110 by-laws, as towns by the laws of this commonwealth have power to make and establish, and to annex penalties, not exceeding twenty dollars, for the breach thereof, which bylaws shall take effect and be in force from and after the times therein respectively limited, without the sanction or confirmation of any court, or other authority whatsoever; Provisoes. provided, that such by-laws shall not be repugnant to the constitution and laws of this commonwealth: and provided also, that the same shall be liable to be annulled by the legislature thereof. City councils of 3. The act of 1847, c. 262, provides that the city councities shall have power to make cil of any city shall have power and authority to make all by-laws respecting peace, good by-laws, not inconsistent with the laws of the commontown, Ibid, ~ 14. See also Vandine's case, (6 Pick. 187.) A by-law may be good in part, and void for the rest. Rogers v. Jones, (1 Wend. (N. Y.) 260.) See Austin v. JMurray, (16 Pick. 121.) Commnonwealth v. Dorr, (10 Metc. 382.) By-laws cannot be made to operate retrospectively, Howard v Savannah, (Charlt. (Geo.) Rep. 173.) A by-law of a town or corporation, imposing penalties for particular offences, seems not to be void merely because a general law of the state imposes penalties for the same offences. Rogers v. Jones, (1 Wend. (N. Y.) Rep. 237.) See 1 Bay, 382. ORDINANCES, AND BY-LAWS. 277 wealth, that may be necessary to preserve the peace, good order, and internal police. order, and internal police of the city, and may annex 1847, 262. 1 Cush. 493. suitable penalties, not exceeding twenty dollars for any 3Pick. 462. one breach thereof, to be recovered by complaint before any police court in such city, or any justice of the peace in a city where no police court is established: provided, that nothing herein contained shall be construed to affect the provisions of an act entitled " An act to prevent obstructions in the streets of cities, and to regulate hackney coaches and other vehicles," passed in the year eighteen hundred and forty-seven. 1 4. In any complaint, prosecution, or other process, In complaints, &c., upon byfounded upon the by-laws of any town or city, no part of laws, no part of such by-law such by-law shall be required to be recited or set forth, shall be required to be recited. but the offence may be described therein with the degree l846, G2. 3 Pick. 462. of certainty required in prosecutions upon public statutes; 5 Pick. 44. provided, that nothing herein contained shall affect the degree or kind of evidence required at the trial of the existence of such by-law. 2 5. The police court of the city of Boston has cogni- Police court shall have cognizance of all offences against the by-laws of the city of Bos- zance ofoffences of S*me *** *against the byton, which are not within the exclusive jurisdiction of some laws ofthe city, except, &c. ~other court. Rs. 87, ~ 4. 6. The municipal court of the city of Boston has also Jurisdiction of municipal court. original jurisdiction, concurrent with the supreme judicial R. S. 86, o 4. court, of all crimes, offences and misdemeanors committed in the county of Suffolk, which are not capital, and of all offences against the by-laws of the city of Boston; and appellate jurisdiction of all offences, which shall be tried and determined before the police court of the city of Boston, or before any justice of the peace for the county of Suffolk. 7. By an act passed June 17, 1817, making certain pro- How fines, &c., shall be recovvisions respecting weights and measures, " and for the more ered and approeasy recovery of fines and penalties within the town of Bos- 1817,50, o 3. ton," it was provided, that, all fines, forfeitures, and penal- t ste. p 189 ties accruing within said Boston, under the said act, or for 1 See the statute referred to, 1847, c. 224, on p. 63, ante. 2 See also actions, ~ 7, p. 24, ante, as to prosecutions founded on special acts of the legislature. 278 ORDINANCES, AND BY-LAWS. the breach of any by-law which was then in force, or which might thereafter be duly enacted and made, might be recovered by indictment, information or complaint, in the name of the commonwealth, in any court competent to try the same; and that all fines so recovered and paid, should be appropriated to the uses for which the same were then by law ordered to be applied. Person commit- 8. The same act also provided, that when any person, ted for non-payment of fine, who, upon a conviction before a justice of the peace, for &c., shall not be confined more any offence mentioned therein, or for the breach of any bythan ten days. Ibid, l 4. law of the town of Boston, should be sentenced to pay a fine, and should not appeal from said judgment, or if upon claiming an appeal, should fail to recognize as therein provided, and upon not paying the fines and cost so assessed upon him, should be committed to prison, there to remain until he or she should pay such fines and cost, or be otherwise discharged according to law; such persons should not be holden in prison for a longer term than ten days; and at the expiration of that term, the keeper of the said gaol was authorized to release such person from confinement. 2 ORDINANCE OF THE CITY.3 Enacting style SECT. 1. All by-laws of the city shall be denominated of city ordifances. ordinances, and the enacting style shall be, " Be it orSept. 16, 1850. 1 This provision was not repealed by the incorporation of the city. The city charter did not annul the rights and privileges of the town of Boston. It only conferred on the then existing corporation a new name with additional powers. Commonwealth v. Worcester, (3 Pick. 474.) A right of appeal was also reserved, in this statute which is no longer applicable; different provisions having since been made upon the subject. See Courts, pp. 85-93, ante. For special provisions as to public health, see p. 189, ~ 8j ante. See also Rev. Stat. c. 118, ~ 42, and c. 133, ~ 14. 2 Whether this provision is repealed by subsequent enactments, —qucere. See Rev. Stat. c. 87, ~ 16, (ante, p. 94, ~ 41); lbid, c. 145, ~ 3; stat. 1842, c. 59; 1850, c. 185. 3 An ordinance in relation to the ordinances and by-laws of the city, passed Sept. 16, 1850. ORDINANCES, AND BY-LAWS. 279 dained by the mayor, aldermen and common council of the city of Boston, in city council assembled, as follows." SECT. 2. All ordinances of the city shall be recorded at Ordinances tobe length by the city clerk in a book to be kept for that pur- rollined, nenpose, previous to which they shall be examined by a joint Ibide. standing committee of the city council on ordinances, who shall certify on the backs of the originals that they are rightly and truly enrolled. SECT. 3. The ordinances of the city council, and the Ordinances,and the orders of orders of the mayor and aldermen, shall be published mayorand aldermen, to be and promulgated by inserting the same two weeks succes- published. sively in the newspapers published in the city of Boston, wherein are printed the laws of the commonwealth for the time being, and in such other of the newspapers published and printed within the city, as the city council may designate; but this and the second section are directory merely, This provision to be directory and a failure to comply with the same shall not affect the merely. validity of any order or ordinance. SECT. 4. All fines and penalties for the violation of any Fines to enure to the us of the of the ordinances of the city council, or any of the orders city, except, &c. of the mayor and aldermen, when recovered, shall enure to the use of the city, and shall be paid into the city treasury, except in those cases where it may be otherwise provided by the acts of the legislature, or the ordinances of the city. SECT. 5. This ordinance shall take effect on the first When this ordinance shall take day of January, in the year one thousand eight hundred effect. Ibid. and fifty-one. 280 OVERSEERS OF THE POOR.1 STATUTES. 7. Bequests, &c., made by John 1. Incorporation of the Overseers Boylston, vested in said corpoof the Poor. ration. 2. Moneys and estates given, de- 8. Said corporation to have pervised, &c., for the use of the petual succession, and to hold poor, vested in said corpora- real and personal estate. tion. Proviso, that they shall 9. Shall have a common seal, and not hold more than ~60,000. may make by-laws, &c. 3. Shall have perpetual succes- 10. Instruments and acts shall be sion. May hold real estate not binding. exceeding ~500 by the year. 11. Corporation authorized to bind 4. Shall have a common seal, and out poor persons, &c. may make by-laws, &c. 12. Power of surrendering indigent 5. Instruments made and acts boys to the Boston Asylum for done shall be binding. Indigent Boys, shall be exer6. Incorporation of the trustees cised by the overseers of the of John Boylston's charitable poor. donations. Incorporation of 1. By an act passed in 1772, after reciting that many the Overseers of the Poor. charitably disposed persons have given and bequeathed 1772, Apr. 23 and 25, 7 1. considerable sums of money and other interest and estate 22 Pick. 122. to the poor of the town of Boston, and their use, and many other persons were well inclined to make charitable donations to the same good purpose, but the overseers of the poor of the same town not being incorporated, the good 1 The city charter provided for the choice of overseers of the poor and prescribed their duties, (ante, p. 17, ~ xxvii.) But by subsequent acts of the legislature a large portion of their powers has been transferred to the directors of the house of industry, who now perform in Boston most of the duties imposed upon overseers of the poor in the various towns by the general laws. The overseers of the poor, in practice, furnish " out door relief," and may send paupers to the house of industry. When received there, they come under the charge of the directors of that institution. The overseers of the poor in the town of Boston were regularly incorporated for certain charitable purposes in 1772, and it has been judicially held that the provision in the city charter, just mentioned, was a continuance of the corporation so created in 1772, and not a dissolution or suspension of it. Overseers of the Poor of Boston v. Sears, (22 Pick. 122.) See House of Industry, and the account in the Appendix of the origin of this institution. See also House of Reformation and Paupers. OVERSEERS OF TEE POOR. 281 intentions of those who had made, and those who inclined to make such charitable donations, had been either wholly frustrated or not carried into full effect, it was enacted, that the overseers for the time being of the poor of the town of Boston in the county of Suffolk and province of the Massachusetts Bay, be created, made erected, and incorporated into a body politic by the name of the Overseers of the Poor of the Town of Boston in the Province of the Massachusetts Bay in New England, and that they and their successors in said office have perpetual succession by said name. 2. By the same act, all and singular sum and sums of Money and estates given, money, interest and estate, real or personal, of what name devised, &c., for the use of the or nature soever theretofore given, or at any time there- poor, vested in said corporation. after to be given, granted, bequeathed, or devised by any Ibid, ~ 2. way or means whatsoever to the poor of the town or to their use, not exceeding the sums and value in the said act aforementioned, were to all intents and purposes vested in the same overseers and their said successors in their said corporate capacity; and they were enabled in the same capacity to receive, manage, lease, let and dispose the same according to best discretion, to and for the use and benefit of the poor of the said town. Provided always, Proviso, that they shall not that the said overseers shall not be able to receive or be hold more than capable of having or holding any moneys or personal estate of any kind or nature whatsoever, at any time above and beyond the sum and amount of sixty thousand pounds lawful money of this province, accounting and reckoning the whole moneys and value of all the personal estate, personal securities and choses in action, which they shall own or be vested withal in their corporate capacity together, and that all gifts and bequests of money or personal estate of any kind made to the said corporation, or- which by the tenor of this act they might take or be vested with, shall be utterly void at all times hereafter when their whole stock in moneys, personal securities, or choses in action and personal estate which the said corporation shall have, own, and be vested with the property of, shall, taken reckoned together, amount to the said sum of sixty thousand pounds. 36 282 OVERSEERS OF THE POOR. Shall have 3. It was further enacted, that the said overseers and perpetual succession. their successors in said office, by the name aforesaid, have a perpetual succession by that name, to sue or be impleaded May hold real by its said corporate name to purchase lands and hold them estate not exceeding ~500by not exceeding the sum of five hundred pounds, lawful the year. money, by the year, and to manage, lease, bargain, and sell or otherwise dispose of all or any part thereof, and do all acts as natural persons may, as from time to time the said corporation shall judge best for the benefit, advantage and use of said poor. Shall have a 4. It was further enacted that the said corporation common seal, and may make have a common seal and power, and said corporation was by-laws, &c. Ibid, ~ 4. authorized to make by-laws and private statutes and ordinances not repugnant to the laws of the land, for the better government of the said corporation and its finances, to choose a treasurer, clerk, and other subordinate officers, as from time to time should be found necessary, and all or any of them again at pleasure to displace. Instruments 5. It was further enacted that all instruments which made, and acts done, shall be said corporation should lawfully make by the name afore5bindin,. said and sealed with their common seal, and all acts done or matters passed upon by the consent of a major part of the said overseers for the time being, should bind said corporation and be valid in law. BOYLSTON'S CHARITABLE DONATIONS. Incorporation of 6. By an act, passed in 1803, Oliver Wendell, William the trustees of John Boylston's Cooper, Ebenezer Storer, and William Smith, all of Boston, charitable donations. and John Pitts of Tyngsborough, in the county of Middle1802, 44, 1 sex, Esquires, and the survivors and survivor of them, together with the overseers of the poor of the town of Boston for the time being, and their successors, and after the decease of the said Oliver Wendell, William Cooper, Ebenezer Storer, William Smith and John Pitts, the said overseers of the poor of the town of Boston for the time being and their successors forever, were incorporated into a body politic, by the name and title of The Trustees of John Boylston's charitable donations for the benefit and support of aged poor persons, and of orphans and deserted children, OVERSEERS OF THE POOR. 283 and by that name and title endowed with perpetual succession. 7. All the bequests, devises and donations, made and Bequests, &c., made by John granted by John Boylston, late of Bath, in the kingdom of Boylston, vested in said corporaGreat Britain, deceased, for the purposes above mentioned, tion. were vested in the said corporation, to be held and disposed Ibid,. of by them conformably to the directions of the said will. And the said corporation were required to insert among their records a copy of the said act, and also of all the clauses of the said last will and testament which have relation to the said two charitable donations for the benefit of aged poor persons, and for the support of orphans and deserted children; and in the management and disposal of the funds granted in said will, the said corporation were required to conform to and be governed by the directions therein contained. 8. It was further enacted, that the said corporation Said corporation to have perpetshould have a perpetual succession by the name and title ual successio.n; and to hold real aforesaid, to sue or be impleaded; to purchase and hold and personal lands, or other real estate, not exceeding the value of three Ibid,' 3. thousand dollars, by the year; to hold personal estate not exceeding the value of sixty thousand dollars; and to manage, lease, bargain, and sell or otherwise dispose of, all or any part thereof, subject to the directions of the said will; and to do all acts as natural persons may do, as the said corporation from time to time should judge best to carry into effect the charitable intentions of the said will: and that the real or personal estate which the said corporation were thereby empowered to hold, should not be considered as part of that which the overseers of the poor of the town of Boston were already empowered by their former act of incorporation to hold; but as altogether distinct and separate from the same. 9. It was further enacted, that the said corporation Shall have a should have a common seal, with power to break and alter and may makel, the same; and said corporation was authorized to make Ibid,4.& by-laws and private statutes and ordinances not repugnant to the laws of the land, for the better government of said corporation and its finances; to choose a treasurer, clerk, 284 OVERSEERS OF THE POOR. and other subordinate officers, as from time to time should be found necessary, and all or any of them again at pleasure to displace. Instruments and 10. It was further enacted, that all instruments which acts shall be binding, said corporation should lawfully make by the name aforeIbid,, 5. said, and sealed with their common seal, and all acts done or matters passed upon by the consent of a major part of the members of said corporation, should bind the said corporation and be valid in law. Corporation au- 11. By an additional act, passed February 26, 1814, thorized to bind out poor persons, the last mentioned corporation were authorized and emorphans, &c. 1813, 171. powered to bind out in virtuous families, or to reputable trades, or useful arts or occupations, such poor persons, orphans, or deserted children, as then received, or might thereafter receive, the benefit of the said Boylston's charitable donations, until they should arrive at the age of twenty-one years, in such manner as to the said corporation might seem expedient; and for this purpose authority was given to the corporation to establish any rules and regulations, and enter into any indenture or covenant relative to such objects, not repugnant to the laws of the commonwealth, as the said corporation might deem necessary or expedient. Powerofsurren- 12. The power recognized in the act to incorporate the dering indigent boys to the Bos- Boston asylum for indigent boys, (1813, ch. 153,) of the ton asylum for indigent boys, parent or guardian of any indigent boy or boys, to surrenshall be exercised by the der in writing him or them to the managers of said asylum, overseers of the poor. for the purposes mentioned in said act, shall, in case said 1823, 53. But see 1835, boy or boys have no parent or guardian within the city of 28, ~ ~4. Boston, nor legal settlement in any other town in this commonwealth, be possessed and exercised by the overseers of the poor of the city of Boston. 1 For enactments respecting the Boston Asylum and Farm School, see stat. 1813, c. 153; 1823, c. 53; 1833, c. 135; 1835, c. 28; and 1838, c. 16. 285 PAUPERS. STATUTES. 20. Process in cases of removals. 1. Towns shall support their poor. If a removal is not made or 2. Powers and duties of overseers objected to by the town notified, of the poor. then, &c. 3. Further powers of overseers. 21. Effect of notifications, &c., to 4. Towns may provide alms- towns sent by mail. houses. 22. What minor children may be 5. Certain kindred of poor per- bound out by overseers. sons, if able, shall support them. 23. Penalty for leaving paupers in 6. Court of common pleas may towns to which they do not beassess such kindred. long, with intent, &c. 7. Court of common pleas may 24. Penalty on shipmasters for also assess for future expenses. landing convicts, &c., from 8. Costs in such proceedings, how other states. taxed. 25. Overseers, or persons by them 9. The court may order with authorized, may prosecute, &c. whom of such kindred the pau- 26. Overseers of the poor empowper shall live. ered to take the effects of de10. Proceedings on complaints ceased paupers, and apply them made to court of common to reimburse expenses. pleas. 27. Overseers of poor and direct11. Other kindred than those ors of house of industry to named in the complaint may make returns respecting paube summoned. pers. 12. Court may make new orders 28. Penalty for not making return. from time to time. 29. Overseers and directors to make 13. Overseers, to provide for im- returns of children under 14 mediate relief of strangers, &c., supported at public charge. and their remedy. 30. Blank forms to be provided. 14. When a recovery shall estab- 31. Who shall not be considered lish the fact of settlement. state paupers. 15. Towns removing a pauper 32. Rates of charge for state pauwithin thirty days, to pay only pers. one dollar a week. 33. Particulars of account for state 16. Overseers shall support, and in paupers, and how certified. case of decease, bury, indigent 34. Accounts to be rendered yearly, strangers. Remedy therefor. on or before the third Wednes17. Foreign paupers may be con- day of November. veyed from the state to the 35. Certificate that whole amount place where they belong. has been expended. 18. Towns liable to their own in- 36. Accounts for support of state habitants, after notice, &c. paupers sick with infectious 19. Paupers may be removed to disease, to what time to be places of settlement. made up, and when rendered. 286 PAUPERS. 37. Accounts for support of lunatic 40. Accounts for support of state paupers. lunatic paupers to be accom38. Not to be allowed unless ren — panied by proof of suitable dered as directed. support. 39. Secretary shall transmit claims to auditor of accounts. Towns shall 1. Every townl shall relieve and support all poor and support their poor. indigent persons, lawfully settled therein,2 whenever they shall stand in need thereof, and may raise moneys therefor, and for their employment, in the same way, that moneys for other town charges are raised. Powers and du- 2. The overseers of the poor shall have the care and ties of overseers of the poor. oversight of all such poor and indigent persons, so long as'~Ibid, they remain at the charge of their respective towns, and shall see that they are suitably relieved, supported and employed, at the charge of such town, either in the workhouse, or almshouse, provided by the town, or in such other manner as the town shall direct, or otherwise, at the discretion of said overseers. Further powers 3. The overseers of the poor shall have the same power of overseers. Ibid, ~ 3. and authority over persons who may be placed under their care, which directors or masters of workhouses have over persons committed thereto, by force of the provisions concerning workhouses, contained in the sixteenth chapter of the Revised Statutes. Towns may 4. Any town may erect or provide an almshouse, for provide almshouses. the reception and employment of their poor; or any two or Ibid, ~i 4. more towns may, at their joint charge and for their common benefit, erect or provide such a house, in like manner as they are authorized to join in providing a workhouse, by the said sixteenth chapter of the Revised Statutes. Certain kindred 5. The kindred of any such poor person, if any he shall of poor persons, if able, shall have, in the line or degree of father or grandfather, mother support them. Ibid, s 5. or grandmother, children or grand children, by consan1 In the construction of statutes, the word " town " may be construed to include all cities, &c. Rev. Stat. c. 2, ~ 6, clause 17. See note, on p. 280. 2 For the law in relation to what constitutes a settlement, see Rev. Stat. c. 45. PAUPERS. 287 guinity, living within this state, and of sufficient ability, shall be bound to support such pauper, in proportion to their respective ability. 6. The court of common pleas in the county, where any Cort of common pleas may one of such kindred to be charged shall reside, upon com- assess such kindred. plaint made by any town, or by any kindred, who shall Ibid, 6. have been at any expense, for the relief and support of such pauper, may, on due hearing, either upon the appearance or default of the kindred supposed to be chargeable, assess and apportion, upon such of the kindred as they shall find to be of sufficient ability, and in proportion thereto, such sum as they shall judge reasonable, for or towards the support of the pauper, to the time of such assessment, and may enforce payment thereof, by an execution in common form; provided, that such assessment shall not extend to any expense for relief, afforded more than six months previous to the filing of the complaint. 7. The said court may further assess and apportion, Court of common pleas minay upon the said kindred, such weekly sum, as they shall also assess for future expenses. judge sufficient for the future support of the pauper, to be Ibid,, 7. paid quarter yearly, until the further order of court; and upon application, from time to time, of the town, or kindred to whom the same shall have been ordered to be paid, the clerk of said court shall issue and may renew an execution, for the arrears of any preceding quarter. 8. When the court shall adjudge two or more of the Costs in such proceedings, kindred of any pauper to be of sufficient ability to con- howtaxed. tribute to his support, they shall tax no more costs against Ibid, ~ 8. any one respondent, than shall have been occasioned by his default or separate defence. 9. The said court may further order, with whom Of Thecourtmay order with such kindred, that may desire it, such pauper shall live whom of such kindred, the and be relieved, and such time with one, and such time pauper shall live. with another, as they shall judge proper, having regard to Ibid, ~ 9. the comfort of the pauper, as well as the convenience of the kindred. 10. The complaint to be made by any town, or kindred Proceedings on of a pauper, as provided in the forty-sixth chapter of the mano to c. Pleas. Revised Statutes, shall be filed in the clerk's office of the Ibid, ~ 10. 288 PAUPERS. court of common pleas, and a summons shall be thereupon issued, requiring the kindred therein named to appear and answer thereto; which summons shall be directed to any officer, who is qualified to serve civil process between the same parties, and shall be served like an original summons, fourteen days at least before the sitting of the court to which it is returnable. Other kindred 11. Upon a suggestion that there are other kindred of than those named in the ability, not summoned in the original process, such other complaint may be summoned. kindred may be summoned, and after due notice, whether Ibid, ~ 11. they appear or are defaulted, the court may proceed against them, in the same manner as if they had been summoned upon the original complaint. Court may 12. The said court may take further order, from time make new orders from time to time, in the premises, upon application of any party interto time. Ibid, ~ 12. ested, and may alter such assessment and apportionment, according to the circumstances; and upon all such complaints, they may award costs to either party, as justice shall require. Overseers, to 13. The said overseers, in their respective towns, shall provide for immediate relief also provide for the immediate comfort and relief of all perof strangers, &c., and their sons, residing or found therein, not belonging thereto, but remedy. t t Ibid, y 13. having lawful settlements in other towns, when they fall 2 Pick. 341. into distress and stand in need of immediate relief, and until they shall be removed to the places of their lawful settlements; the expenses whereof, incurred within three months next before notice given to the town to be charged, as also of their removal or of their burial, in case of their decease, may be sued for and recovered, by the town incurring the same, against the town which is liable therefor, in an action at law; provided, that such action for damages be instituted within two years after the cause of action shall have arisen, but not otherwise. When a recov- 14. A recovery in such civil action shall bar the town, ery shall establish the fact of against which it shall be had, from disputing the settlement settlement. R. S. 46,, 14. of such pauper with the town so recovering, in any future action brought for the support of such pauper. Towns, remov- 15. When any person shall be supported in any town, ing a pauper within 30 days, other than that in which he has his settlement, the' town that to pay only $1 PAUPERS. 289 is liable for his support shall not, in any case, be required a week. Ibid, ~ 15. to pay therefor more than at the rate of one dollar a week; 4 Pick. 45. 7 Pick. 155. provided the town that is liable for the support of the pauper shall cause him to be removed, within thirty days from the time of receiving legal notice that such support has been furnished. 16. The overseers of the poor of each town shall also Overseers shall support, and, in relieve, support, and employ all poor persons, residing or case of decease, bury indigent found in their towns, having no lawful settlements within strangers. this state, and in case of their decease, shall decently bury.. 46, ~ 16. them; the expense whereof may be recovered of their kin- Remedy theredred, if they have any chargeable by law for their support, in the manner herein before provided; otherwise, it shall be paid out of the treasury of the commonwealth, as hereinafter provided. 17. Upon complaint of the said overseers of any town, Foreign pauany justice of the peace, may, by warrant directed to, and conveyed from the state to the to be executed by, any constable, or any other person place where they belong. therein designated, cause such pauper to be sent and con- Ibid, ~ 17. veyed, at the expense of the state, by land or water, to any other state, or to any place beyond sea, where he belongs, if the justice thinks proper, and if he may be conveniently removed; but if he cannot be so removed, he may be sent to, and relieved and employed in, the house of correction or workhouse, at the public expense. 18. Every town shall be held to pay any expense, Towns liable to their own inhabwhich shall be necessarily incurred, for the relief of a pau- itants after per, by any person, who is not liable by law for his support, Ibidce, 8. after notice and request made to the overseers of the said town, and until provision shall be made by them. 19. The said overseers may, in all cases, send a written Paupers may be removed to notification, stating the facts relating to any person actually places of settlement. become chargeable to their town, to one or more of the Ibid, ~ 19. overseers of the place, where his settlement is supposed to be, and requesting them to remove him, which they may do by a written order, directed to any person therein designated, who is hereby authorized to execute the same. 20. If such removal is not effected by the last men- Process in cases of removals. tioned overseers, within two months after receiving such If a removal is 290 PAUPERS. not made nor ob- notice, they shall, within said two months, send a written jected to by the town notified, answer, stating therein their objections to the removal of then, &c. Ibid,' 20. the pauper, signed by one or more of them, to one or more of the overseers, requesting such removal; and if they shall fail so to do, the overseers, who requested the removal of the pauper, may cause him to be removed to the said place of his supposed settlement, by a written order directed to any person therein designated, who is hereby authorized to execute the same; and the overseers of the town, to which the pauper is so sent, shall be obliged to receive and provide for him, and their town shall be liable for the expenses of his support and removal, to be recovered by an action by the town incurring the same, and shall be barred from contesting the question of settlement with the plaintiffs in such action. Effect ofnotifi- 21. The notification and answer, mentioned in the two cations, &c., to towns, sent by preceding sections, may be sent by mail; and such notifimail. Ibid, ~ 21. cation or answer, directed to the overseers of the poor of the town, intended to be notified or answered, (the postage being paid and indorsed thereon,) shall be deemed a sufficient notice and answer, and shall be considered as delivered to the overseers, to whom it is directed, at the time when it is received in the post office of the town, to which it is directed, and in which the said overseers reside. What minor 22. The said overseers may bind out the minor children children may be bound out by of any poor person, who has become chargeable to their overseers. Ibid, ~ 22: town, as having a lawful settlement therein, or who is supported there in whole or in part at the charge of the state, and also other minor children, who are poor and chargeable to the town, in the manner provided in the eightieth chapter of the Revised Statutes.1 Penalty for 23. If any person shall bring into and leave any poor in towns, to and indigent person in any town of this state, wherein such which they do not belong, with pauper is not lawfully settled, knowing him to be poor and idntt, 24. indigent, and with intent to charge such town with his sup2 Greenl. 5. 1 Pick. 465. port, he shall forfeit a sum not exceeding one hundred 16 Mass. 393. 1849, 66. dollars for any such offence; which penalty shall be forfeited 1 The 23d section of Rev. Stat. c. 46, was repealed by stat. 1837, c. 178, ~ 3. PAUPERS. 291 to the use of, and may be sued for and recovered by, the town intended to be so charged. 24. If any master or other person, having charge of Penalty for shipmasters for any vessel, shall therein bring into, and land, or suffer to landing convicts, &c., from be landed in, any place within this state, any person, before sthersates. that time convicted, in any other state or in any foreign country, of any infamous crime, or any for which he hath been sentenced to transportation, knowing of such conviction, or having reason to suspect it, or any person of a notoriously dissolute, infamous and abandoned life and character, knowing him to be such, he shall, for every such offence, forfeit a sum not exceeding five hundred dollars. 25. In all actions and prosecutions, founded on the Overseers, or persons by them provisions of the forty-sixth chapter of the Revised Statutes, authorized, may prosecute, &c. the overseers of the poor of any town, or any person by R. r. 46, O 26. writing under their hands appointed, shall and may appear, prosecute or defend the same to final judgment and execution, in behalf of such town. 26. Upon the death of any pauper, who, at the time of Overseers of the poor empowered his decease, shall be actually chargeable to any town within to take the effects of deceasthis commonwealth, the overseers of the poor of such town ed paupers, and apply them to may take into their possession all the personal property be- reimburse expenses longing to such pauper. And if no administration shall be 1837, 54. taken upon the estate of such pauper within thirty days after his decease, the said overseers may sell so much of the said property as may be necessary to repay the expenses incurred for such pauper. And if any part of such property shall be withheld from the said overseers, they shall have the same remedy for the recovery of such property, or the value thereof, that an administrator of the estate of the said pauper might have in like case. 27. The overseers of the poor of the several towns in Overseers of poor and directhis commonwealth, and the directors of the house of indus- tors of house of industry to make try in the city of Boston, shall on or before the third Wed- returns respecting paupers. nesday of November in each year, make out and return to the 1837, 194, pe1. secretary of this commonwealth, a statement of the paupers in said town,1 as they are on the first day of said November; which return shall contain true and correct answers to the 1 See note to ~ 1, p. 286, ante. 292 PAUPERS. following inquiries, viz: What number of persons have been relieved or supported as paupers during the year in your town? Of these, how many have a legal settlement in your town, or elsewhere in this commonwealth? How many state paupers does your town support? How many of those are foreigners? How many of the foreigners are from England and Ireland? Have you an alms-house? What number of acres of land is attached to your almshouse? What is the estimated value of your alms-house establishment? What number of persons have been relieved in your alms-house during the year? What is the average number supported in alms-house? What is the average weekly cost of supporting each pauper in almshouse? What number of persons in your alms-house who are unable to perform any kind or amount of labor? What is the estimated value of all the labor performed by paupers in your alms-house? How many persons do you aid and support out of alms-house? What is the average weekly cost of supporting paupers out of alms-house? How many does your town support or relieve who are insane? How 1844, 146. many do you relieve or support who are idiots? What number of persons relieved or supported as paupers during the year in your town, have become paupers by reason of 1837, 194, 1. insanity or idiocy? What proportion of your paupers, in your opinion, have been made dependent by intemperance in themselves, or those who ought to have been their supporters? What number of your foreign paupers have come into this commonwealth within one year? What is the total net amount of expense of supporting or relieving paupers in your town for one year, including interest on your alms-house establishment? What amount does your town receive from the treasury of this commonwealth to1841, 116, 1. wards the support of state paupers? And the secretary of this commonwealth shall, in the month of September annually, furnish the overseers of the poor of each town with a blank form of return which shall contain in substance the foregoing interrogatories.1 1 Stat. 1837, c. 194, ~ 2, and 1841, 116, ~ 2, make it the duty of the secrctary of state to make out abstracts of such returns, for the use of the legislature. PAUPERS. 293 28. If the overseers of the poor of any town in this Penalty for not making return. commonwealth, or the directors of the house of industry in 1837, 194, r 3. the city of Boston, shall refuse or neglect to make the return as aforesaid, they shall forfeit a sum not exceeding one hundred dollars, to be recovered by indictment in any court of competent jurisdiction. 29. The overseers of the poor of the several towns, and Overseers and directors to make the directors of the alms-houses of the several cities, shall returns of children under 14, make, and transmit to the secretary of the commonwealth, supported at public charge. on or before the third Monday in November, in each and 1848, 247, O 1. every year, correct returns of all the children in their respective towns and cities, under fourteen years of age, who are supported at the public charge; and, in said returns, shall specify the name, age, and sex, of each child so supported. 30. Suitable blank forms for such returns shall be fur- Blank forms to be provided, &c. nished to each town and city by the secretary of the com- Ibid, 2e monwealth; and he shall prepare yearly abstracts thereof, and shall lay the same before the general court. STATE PAUPERS. 31. No male person over the age of twelve years, while Who shall not be considered of competent health to labor, shall be considered a state state paupers. pauper, and entitled to support as such. R. S. 46, ~ 30. 32. All accounts against the commonwealth, presented Rates of charge C z~~~~~~~~ ~~~~for state paupers. for allowance by any city, town, or keeper of any house of Ibid, ~ 32. correction, for the support of state paupers, shall be made out and charged at a fixed price by the day, and the allowance shall not exceed in any case seven cents a day, for the support of paupers over twelve years of age, and four cents a day, for the support of paupers under that age, and five dollars for the funeral expenses of each pauper over twelve years of age, and two dollars and fifty cents, for the funeral expenses of each pauper under that age. I 33. All accounts made out against the commonwealth, Particulars of account for state for the support of state paupers, shall show the name of paupers, and how certified. each pauper, his age and place of nativity, and the time Ibid,~ 33. when he first came into this state, the time when he became 1 See section 24 p. 225, aide. 294 PAUPERS. chargeable, and when he ceased to be so, or in case of his death, the time of his death, or if he still continues chargeable, the time to which such charge is made, and the number of days for which each of said paupers has been chargeable; and in all cases, where said charge is for the support of any pauper, not already mentioned on the list of state paupers, said account shall be accompanied by a certificate of the overseers of the poor of the towns, and in Boston, a certificate of the directors of the house of industry of that city, stating that neither of said paupers has a legal settlement in this state, and also that he has no kindred within this state obliged by law to support him; and in all such certificates, the said overseers, and the directors of the house of industry in the city of Boston, respectively, shall state that they made the same on the best evidence they could obtain, and that no part of the account is for the support of any person over the age of twelve years, while of competent health to labor. Accounts to be 34. All accounts against the commonwealth for allowrendered yearly on or before the ance to cities and towns for support of state paupers shall 3d Wednesday of November. be rendered to the secretary of the commonwealth on or 1841 116, 3. before the third Wednesday of November annually, and shall be so made as to include all claims for such charges up to the third day of the said month of November, and the secretary shall lay all accounts so received before the legislature at the opening of the session thereof. Certificate that 35. The selectmen, or overseers of the poor, of any whole amount has been ex- town, or the keeper of any house of correction, and the pended. R. s. 46, ~31. directors of the house of industry in the city of Boston, respectively, shall certify that the whole amount charged in their account has been expended, for the support of the persons named in the same, for the time therein specified.1 Accounts for 36. All accounts against the commonwealth for allowsupport of state paupers sick ance to cities and towns for support of state paupers sick with infectious disease, to what with an infectious disease, dangerous to the public health, time to be made up, and when shall be so made out as to include all claims for such suprendered. 1849, 151, ~ 1. 1 The remainder of Rev. Stat. c. 46, ~ 31, appears to be repealed, in effect, by stat. 1841, 116, ~ 3 i. e. ~ 34 of the text. PAUPERS. 295 port up to the first day of November, annually; and shall be rendered to the secretary of the commonwealth, on or before the third Wednesday of said November. 37. All accounts against the commonwealth, for allow- Accountsfor support of lunaance for the support of lunatic state paupers, shall be tic paupers. so made out as to include all claims for such support up to Ibid, O 2. the first day of December, annually, and shall be rendered to the secretary of the commonwealth, on or before the third Wednesday of said December. 38. No account for the support of any state pauper Notto be allowed unless renshall be allowed by the auditor of accounts, unless the same dered as directed. shall be rendered within the time specified by law. Ibid ~ 3. 39. It shall be the duty of the secretary of the com- Secretary shall transmit claims monwealth to transmit all claims against the commonwealth, to auditor of accounts. rendered to his office, to the auditor of accounts. Ibid, ~ 4. 40. Whenever any county of this commonwealth shall Accounts for support of state present any claim or claims for the support of any state lunatic paupers to be accompalunatic pauper, it shall be the duty of said county to pre- nied by proof of sent satisfactory evidence to the committee, to which such 8 supp49, 207. claim or account may be referred, that said insane person has been supported in a suitable and comfortable manner, and at an expense equal to the amount to be allowed by the commonwealth, and that no allowance or payment shall be made unless this act shall have been complied with. 1 1 For other general provisions respecting paupers, work-houses, settlement, &c., see Rev. Stat. c. 16, 45, 143; 1837, c. 178; 1839, c. 156; 1841, c. 77; 1846, c. 88; 1848, c. 291. See also Alien Passengers, House of Correction, House of Industry, Lunatics, and Overseers of the Poor. 296 PILOTS.1 STATUTES. 10. When a ship master may pilot 1. Two commissioners of pilots to his own vessel. be appointed for Boston. 11. Commissioners may require 2. Commissioners may grant and new bonds. revoke commissions and war- 12. Pilots to take charge of all yvesrants, &c. sels bound into or going out of 3. Pilots to give bond to state ports assigned to them, except, treasurer. &c. 4. Sureties on pilots' bonds may 13. Pilots liable for negligence be released therefrom. while in charge of vessels. 5. Commissioners to keep an of- 14. When masters may pilot their fice, hear complaints, &c. own vessels. 6. Pilots to render quarterly ac- 15. Master, &c., of a vessel, may counts to commissioners. Ad- pilot it into any port other than ditional fees. Penalty for false that of its destination, &c. return. 16. Rates of pilotage to be in pro7. Commissioners may make re- portion to draft of water. gulations for pilots, &c. Regu- 17. Pilots to demand certificates of lations to be published. master, &c. 8. Commissioners to keep fair rec- 18. First pilot offering himself, to ords of their proceedings, &c. be received. 9. No persons except a pilot, &c., 19. Pilots exempted from military to pilot vessels, except, &c. duty. Two commis- 1. The governor, with the advice and consent of the sioners of pilots to be appointed council, is authorized to appoint and commission two perfor Boston. t. s. 32, g 15. sons, to execute the office of commissioners of pilots for the harbor of Boston, who shall hold their office during the term of three years, unless sooner removed by the governor and council; provided always, that the said persons shall first be recommended by the trustees of the Boston marine society, and that no such commissioner shall at the same time be one of said trustees. 1 The pilotage district, which includes the harbor of Boston, extends from Nahant rock, on the North, to the highlands of Marshfield on the South; and the words " port of Boston," or "harbor of Boston," as used in reference to the regulations of pilotage, include all the ports which use the several channels leading to the city of Boston, and the mouths of the rivers which enter into that harbor. Martin v. Hilton, (9 Metc. 371.) PILOTS. 297 2. The said commissioners shall grant commissions for Commissioners may grant and pilots, and warrants for apprentices, to such persons as may revoke commissions and be approved by the trustees of the Boston marine society; warrants, &c. and they may, upon satisfactory evidence of misconduct Ibid, 16. carelessness or neglect of duty, suspend until the meeting of the trustees then next ensuing, any pilot or apprentice who now holds or shall hereafter hold a branch, commission or warrant; and if the said trustees, at their said next meeting, shall decide that such branch, commission or warrant ought to be revoked, the said commissioners of pilots may revoke the same, or may, at their discretion, continue the suspension of such pilot or apprentice, until the next stated meeting of said trustees, and no longer, for the same offence. 3. No person shall receive a commission or exercise the Pilots to give bond to state office of a pilot, for the harbor of Boston, until he shall have treasurer. deposited, with the treasurer of the commonwealth, a bond Ibid, ~ 17. in the penal sum of two thousand dollars, payable to the said treasurer, and with sureties satisfactory to the said commissioners, for the faithful performance by himself and his apprentices of all the duties required by law of any pilot or apprentice. 4. Any surety on such bond of a pilot may, at the end Sureties on pilots' bonds may of any year after signing the same, terminate his liability be released therefrom. as surety for the future acts of such pilot, by giving notice Ibld, s 18. of his determination, in writing, at least thirty days before the expiration of any such year, to the treasurer of the commonwealth and to the commissioners of pilots; and thereupon the said commissioners shall give notice to the said pilot, that unless he shall procure some other surety, his commission will be annulled at the end of such year, and the same shall in such case be annulled by them and delivered up accordingly; and if any such pilot shall, after demand made, refuse to deliver up his commission, he shall forfeit the sum of fifty dollars for every month, during which he shall retain the same. 5. The commissioners of pilots shall keep an office, and Commissioners, to keep an ofshall be in attendance during a part of each day, to receive fiee, hear complaints, &c. and consider complaints by and against pilots, and to exam- Ibid, ~ 19. 38 298 PILOTS. ine the evidence concerning the same; and in case any pilot, either by himself or his apprentice, shall be guilty of any act, whereby the condition of his bond shall be broken, the said commissioners shall make immediate complaint thereof to the treasurer of the commonwealth, who shall cause a suit to be forthwith commenced and security to be taken, for the benefit of all persons who may have suffered by the misconduct or negligence of such pilot or apprentice; and the like proceedings and judgment shall be had and rendered in such suit, as in the case of sheriffs' bonds. Pilots to render 6. Once in every three months, each branch pilot for counts to comn the harbor of Boston shall render, to the said commissioners missioners. Ibid, g, 20. Of pilots, an account of all vessels piloted, and of all moneys received by him or by any person for him for pilotage; and he shall pay to the said commissioners five per cent. on the amount thereof, which shall be taken in full for their Additional fees. official services and for the expenses of the office; and the said pilots may add five per cent. to the rates established by law, at the time when they shall perform the service of piloting any vessel, and they may collect the same in the like manner, as they are now authorized to collect the Penalty for a pilotage fees; and if any pilot shall make a false return of false return. moneys so received, he shall forfeit a sum not exceeding fifty dollars. Commissioners 7. The commissioners of pilots may, from time to time, may make regulations for alter or amend any of the existing regulations, for the pilots, &C. pilotage of the harbor of Boston, and may make any new 12 Mete. 346. regulations therefor; and all such altered, amended and new regulations, after being approved by the trustees of the Boston marine society, and being published one week in two of the newspapers printed in Boston, shall be bindRegulationsto ing on all persons; and the said commissioners, at least be published. twice a year, shall publish as aforesaid all the regulations, which shall at such times be in force, concerning the pilotage of the harbor of Boston, and also shall see that the said regulations and the laws concerning said pilotage are duly observed and executed. Commissioners 8. The commissioners of pilots shall keep fair records to keep fair ir under the of this and records of their of all their doings, under the provisions of this chapter, and PILOTS. 299 shall exhibit the same to the trustees of the Boston marine proceedings, &c. society, as often as once in every six months, and whenever R. S. 32, ~ 22. the said trustees shall require the same. 9. If any person, not having a branch, commission or No person except a pilot, &c., warrant, as a pilot or pilot's apprentice, for the harbor of to pilot vessels, Boston, shall undertake to pilot into or out of the said har- Ibid, 23. 5 Mete. 412. bor any vessels, excepting such as are excepted in the seventh section of the thirty-second chapter of the Revised Statutes, he shall forfeit a sum not exceeding fifty dollars for each offence. 2 10. In case no Boston branch pilot shall offer his ser- When a ship master may pilot vices to the master of a vessel bound into the harbor of his own vessel. R. S. 32, ~ 24. Boston, before such vessel shall have passed a line drawn 5 Mete. 412. from Harding's Rocks to the Outer Graves, and from thence to Nahant Head, such master shall be at liberty to pilot his own vessel, or to employ any other person to pilot his vessel into the said harbor, without incurring the penalty mentioned in the preceding section. 3 11. If at any time it shall appear to the commissioners of Commissioners may require new pilots that the bonds given by any pilot are insufficient, the bondl 1844, 168. said commissioners shall require him to give a new bond or bonds to their satisfaction, within such time as they shall order. 12. Every branch pilot appointed agreeably to the pro- Pilots to take charge of all vesvisions of the thirty-second chapter of the Revised Statutes, sels bound into or going out of is authorized and directed, by himself or his deputy, to take ports assigned to them, except, charge of any vessel bound into or going out of the port &e. except, assigned to him, except fishing vessels, and all American 1841, 45, 1. vessels of less than two hundred tons, bound from any port within the United States to a port or place within this state, and excepting also, all other vessels bound from a 1 The vessels excepted in the section referred to, are fishing vessels, and vessels bound to or coming from any port within the state, and all vessels of less than two hundred tons, sailing under a coasting license. The section referred to was repealed by stat. 1841, c. 45, ~ 2. 2 This ninth section was subsequently modified by stat. 1847, c. 279, ~ 1. See ~ 15, on the next page. 3 This section appears to be modified by stat. 1841, c. 45, ~ 1. See ~ 12, on this page. 300 PILOTS. port within this state, to another port within the state, unless such vessel shall then be in the completion of a voyage from a port or place without the state; the said pilot first showing his branch or warrant to the master of any such vessel, if required. Pilots liable for 13. If any vessel, while under the charge of a branch negligence while in charge or warrant pilot or his deputy, shall be lost or run aground, of vessels. R. S. 32, s 11. or sustain any damage, through the negligence or unskilful8 Pick. 0. ness of such pilot or deputy, such pilot shall be liable, both for himself and his deputy, to pay all damages sustained by any person interested in such vessel or her cargo; and may, moreover, be removed from his office. When masters 14. Any master of a vessel, other than such as are exown vessels. cepted in the seventh section of the thirty-second chapter R5 Met. 2412. of the Revised Statutes,l who may choose to pilot his own 2Mete.371. vessel into or out of any port, shall be permitted so to do; but he shall, notwithstanding, be liable to pay to such pilot of the port, as shall first come on board of his vessel, the full pilotage, according to the fees specified in his warrant; [except as provided in the following section.] Masters, &c., of 15. On and after the first day of May, 1847, the masot it into aYny- ter or commander of any ship or vessel may pilot his own port, other than tPhat ofthe desti- vessel into, or out of, any port in this commonwealth, other nation, &c. 1847, 279, C. than the port of her destination; and no ship or vessel, so piloted, shall be subjected to pay pilotage on entering or leaving any port as aforesaid: provided, that, if the master or commander of any such ship or vessel shall require arid receive the aid of a pilot to conduct his vessel as aforesaid, then such pilot shall render his services, and be entitled to receive the rates of pilotage established for said port. Ratesofpilotage 16. The rates of pilotage established in the several tion eto dartorf ports of this commonwealth, shall be paid in proportion for water. Ibid, e 2. the depth of water any vessel may draw. Pilots to demand 17. It shall be the duty of every pilot who shall have earttficaof conducted any ship or vessel into, or out of, any port in Ibid, ~ 3. this commonwealth, to demand, from the captain or commander of such ship or vessel, a certificate, containing the name of the ship or vessel, the pilot's name, and the 1 See note 1, to ~ 9, p. 299, ante. POLICE OFFICERS. 301 draught of water in feet and inches; and such certificate shall be conclusive evidence, against the owner, of the draught of water of such ship or vessel. 18. Any ship or vessel, requiring the aid of a pilot to First pilot offering himself, to be enter any port in this commonwealth, shall receive the first received. person offering his services, and holding a branch for the Ibid, 4. port into which the vessel is bound, whether he be within his district or not; and if such pilot, so offering his services, shall not be received, and the master or commander shall afterwards receive another pilot, the first pilot offering shall be entitled to receive full pilotage for the draught of water such vessel may draw. 19. Pilots are exempted from military duty in this Pilots exempted from military commonwealth. duty. R. S. 12, ~ 1. POLICE OFFICERS. STATUTE. The mayor and aldermen may appoint police officers. The mayor and aldermen of Boston may, from time to Mayor and aldermen may time, appoint such police officers for said city as they may appoint police judge necessary, with all or any of the powers of the consta- 18s8, 123. bles of said city, except the power of serving and executing any civil process; and the said police officers shall hold their offices during the pleasure of the said mayor and aldermen. 1 The law does not require that a police officer of the city of Boston, appointed pursuant to stat. 1835, c. 123, should be sworn to the faithful discharge of the duties of his office; and therefore a party indicted for assaulting such police officer, and obstructing him in the discharge of the duties of his office, cannot defend by showing that he had never been sworn. Commonwealth v. Dugan, (12 Metc. 233.) L. was appointed by the mayor and aldermen of Boston, under stat. 1838, c. 123, " a police officer (at the National Theatre) with the power of 302 PORTERS. STATUTE. 8. Penalty for asking more than 1. Selectmen, (mayor and alder- selectmen allow, for services. men,) to appoint porters. To For appearing without badge. regulate their wages. Porters 4. Security to be given by porters. to wear badges. They may be removed for dis2. Penalty for persons unlicensed orderly conduct. acting as porters. Selectmen 1. By an act for the better regulating porters employed (mayor and aldermen) to ap- within the town of Boston,' passed in 1741, and originally point porters. 1741, ~01. to continue for seven years, and no longer, but made per1796, 69. 3 Special laws, petual, March 7, 1797, it was provided, that the selectmen2 Appendix,6& 25. of the town of Boston for the time being, should have full power and authority to order what number, and who should be employed, and take upon them the business of carrying goods, wares and merchandizes, for pay or wages, as common To regulate porters within the said town; and what rate or price such their wages. a constable, except the power of serving civil process." Held, that if L.'s power was limited to a part of the city, yet that it was not limited to the space within the walls of the theatre, but extended to the environs, so far as the special vigilance of an officer might be required to keep the peace and preserve order among persons frequenting the theatre, or carrying others to and from it, or supplying refreshments; and also to shops, stalls and stands, kept in the vicinity, for the purpose of supplying refreshments. Commonwealth v. Hastings, (9 Mete. 259.) 1 The preamble of this act was as follows:"Whereas the trade and business managed in the town of Boston, between the inhabitants thereof and others trafficking there, occasions many persons to resort to and attend about the wharves, docks, and other parts of the town, to convey and carry goods, wares and merchandizes from place to place, some of whom are not so well known as such an employment requires, others of no good character, yet ofttimes have goods of a considerable value put into their custody for conveyance as aforesaid, and some taking upon them the business of porters, impose upon those making use of them, more especially strangers, by exacting exorbitant wages for their labor, or refusing business, though not before employed, if they cannot have their unreasonable demands: Therefore, to avoid such inconveniencies for the future, Be it enacted," &c. 2 By the city charter, ~ 13, the powers previously vested in the selectmen, were vested in the mayor and aldermen. See p. 13, ~ xx, ante. PORTERS. 303 persons should ask, receive and take, for their labor, service and attendance, according to the distance of place or other circumstances, the selectmen should order and ascertain; all which persons, so admitted by the selectmen, Porters to wear should at all times when in the service or doing the busi-badges. ness of porters, wear a badge or ticket, with the figure of a pine tree marked thereon, on some part of his upper garmerit or girdle; which badge or ticket should be numbered, and a fair entry of each porter's ticket made in the selectmen's book, as also the wages they were to ask and receive, within ten days after the approbation of the selectmen as aforesaid. 2. It was further provided, that whosoever should pre- Penalty for persons unlicensed sume to take up the business and employ of a common acting asporters. porter, and convey or carry goods and merchandize from Ibid, a 2. place to place, within the town of Boston, for hire or wages, without being admitted by the selectmen, as aforesaid, should forfeit and pay the sum of twenty shillings, for every time he should be convicted thereof, before any one of his majesty's justices of the peace, within the county of Suffolk, at Boston aforesaid; the one half of which fine or forfeiture, should be disposed of to and for the use of the poor of the town of Boston, the other half to him or them that should inform and sue for the same. 3. It was further enacted, that whosoever, being ad-Penalty for askaforesaid shoul as, tk,. ing more than mitted as a porter as aforesaid, should ask, take, and receive selectmen allow, for services. any more than what the selectmen should allow, for any Ilbid, 3. work or service, should for every such exaction, forfeit and pay the sum of twenty shillings, to be recovered and disposed of as hereinbefore directed; and if any person ad- Appearing withmitted and approved of as aforesaid, as a common porter, out badge. should officiate or concern himself in the business of transporting goods or merchandize, not having his badge or ticket, should, for every such breach of the said act, forfeit and pay the sum of twenty shillings, to be recovered and disposed of as aforesaid. 4. It was further enacted, that the selectmen should Securitytobe require and take bond of each one of the porters, admitted Ibid, t 4. as aforesaid, with sufficient surety, in a sum not exceeding 804 PRINTING. fifty pounds, for their orderly and faithful acting in the business; more especially their safe conveying and deliverThey may be re- ing such goods as should be committed to them; and that moved for disorderly conduct. upon complaint made to the selectmen, that any whom they,,. might have admitted as aforesaid, did not behave and conduct themselves orderly, peaceably and quietly, towards their employers, it being made to appear, the party accused being seasonably notified thereof, such person might be removed, and other meet and orderly person admitted in his room. PRINTING. ORDINANCE OF THE CITY.1 A joint standing committee on printing to be appointed. A joint standing There shall be appointed annually, in the month of Jancommittee on printing to be uary, a joint standing committee of the city council, to be Dec. 24, 846. 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. 1 An ordinance relating to printing, passed December 24, 1846. 305 PUBLIC BUILDINGS. STATUTES. Not to be disclosed till contract 1. In county of Suffolk, public is made. Proviso. buildings to be provided by 7. Contracts exceeding $500 to buildings to be provided by Boston. be in writing, and signed by 2. Mayor and aldermen to pro- the mayor. Not to be altered, 2 Mayor and aldermen to prounless, &c. vide for erecting and repairing cout bi. 8. Expenditures not to exceed county buildings. appropriations. 9. Purchases of land for erecting ORDINANCE. buildings, to be made under 1. Committee on public buildings direction of committee. to be appointed. 10. Certain buildings excepted 2. To have care and custody of from preceding section. school houses and other city 11. Superintendent of public buildbuildings, except, &c. ings. 3. To lease buildings belonging 12. To give bond. Condition of to city, subject, &c. Lease to bond. be signed by mayor. 13. To have care and custody of 4. Committee to prepare plans school houses and other buildand specifications of buildings ings. His duties. to be erected, altered, or re- 14. To keep record. To report to paired. city council. 5. To publish notice of time and 15. No building or land appurteplace of exhibition of the same. nant to be sold, without an 6. Proposals for work to be sealed. order from the city council. STATUTES. 1. In the county of Suffolk, the court houses, jails, In county of Suffolk, public house of correction, fire proof offices, and all other neces- buildings to be sary public buildings, for the use of the county, shall be Boston.ed by provided by the city of Boston, at its own expense. R. S. 14, ~10. 2. The mayor and aldermen, among other powers and Mayor and aldermen to produties of county commissioners, have authority to provide vide for erecting for the erecting and repairing of court houses, jails, and countyabuildiring other necessary public buildings, within and for the use of Ibid, % 29, 31. the county. 89 306 PUBLIC BUILDINGS. ORDINANCE OF THE CITY.1 Committee on SECT. 1. In the month of January in each year there public buildings to be appointed. shall be appointed a joint committee of the city council, to July 1, 1850. be called the committee on public buildings, to consist of three members of the board of mayor and aldermen, and five members of the common council. To have care SECT. 2. The said committee shall have the care and and custody of school houses custody of all the school houses and other buildings belongand other city buildings, ex- ing to the city, and of the erection, alteration and repair cept, &c. Ibid. thereof, except as otherwise provided in this, and other ordinances of the city, and subject to such rules, orders and regulations as the city council may from time to time adopt. To lease build- SECT. 3. The said committee are authorized to lease ings belonging to city, subject, &c. any building belonging to the city, which is not otherwise Iappropriated, for any period not exceeding three years, and upon such terms and conditions as they may deem expedient, subject, however, to the approval of the board of Lease to be mayor and aldermen; and in such case the lease shall be signed by mayor. signed and executed by the mayor. Committee to SECT. 4. Whenever any building for the use of the prepare plans and specifica- city shall be erected, altered or repaired, the expense of tions of buildings to be erect- which may exceed the sum of five hundred dollars, it shall ed, altered, or repaired. be the duty of the committee that may have charge of Ibid. the same, to prepare, or cause to be prepared, the requisite plans and specifications of the work to be done. To publish no- SECT. 5.. The said committee shall give notice in the tice of time and place for exhibi- newspapers in which the ordinances of the city are pubbid. fsame lished, of the time and place for the exhibition of such plans and specifications, as may be necessary to enable contractors to make their estimates of the proposed work. Proposals for SECT. -6. No proposal shall be received by the said work to be sealed,. committee, from any person offering to contract for such Ibid. How opened. work, unless the same is sealed; and no proposal shall be opened except in committee actually assembled; and the 1 An ordinance concerning the public buildings, passed July 1, 1850. PUBLIC BUILDINGS. 307 contents of no proposal shall be made known to any person Not to be disclosed till connot a member of the committee, until after a contract shall tract is mlade. have been made; provided, always, that if any such pro- Proviso. posals shall be offered by persons, who, in the judgment of the said committee, shall be incompetent to perform their contracts in a workmanlike manner, or irresponsible in respect to their means of faithfully executing the same, the said committee may, in their discretion, reject any such proposal, notwithstanding the same be at a lower rate than other proposals offered for the same work. SECT. 7. In all cases where the amount of any contract Contracts exceeding $500, to shall exceed the sum of five hundred dollars, the contract be in writing, and signed by shall be in writing, and signed by the mayor on the part of the mayor. ibid. the city; and, after being signed by the parties, no such Not to be alcontract shall be altered in any particular, unless three-tered, unless,&c. fourths of the said committee shall signify their assent thereto in writing under their respective signatures, indorsed on the said contract. SECT. 8. The amount of expenditures for the foregoing Expenditures not to exceed appropurposes in any one year, shall never exceed the appropri- priations. ations made by the city council for the same; and no expenditure exceeding two hundred dollars shall ever be made, in the alteration or repair of any building, without an express vote of the city council authorizing the same. SECT. 9. Whenever the city council shall order the Purchases of land for erecting purchase of any land, for the purpose of erecting any buildings, to be made under dibuilding thereon, such purchase shall be made under the rection of comdirection of the said committee on public buildings. Ibid. SECT. 10. The preceding sections shall not apply to Certain buildings excepted the jail, the court house, the registry of deeds, the house from preceding section. of correction, or any other buildings of which the erection, Ibid. care or maintenance is devolved by law on the mayor and aldermen. SECT. 11. There shall be chosen in the month of April Superintendent of public buildor May, in each year, and whenever a vacancy occurs, by ings. concurrent vote of the two branches of the city council, a superintendent of public buildings, who shall hold his office until a successor is appointed, or he is removed. He shall be removable at the pleasure of the city council, and 308 PUBLIC BUILDINGS. shall receive such compensation as the said council may from time to time determine. To give bond. SECT. 12. The said superintendent, before entering on the duties of his office, shall give bond, with one or more sureties, to the approbation of the mayor and alderCondition of men, with condition that he will not, directly or indirectly, bond. for himself or others, or by others in trust for him, or on his account, have any interest or concern in any contract or agreement for the erection, alteration or repair of any building belonging to the city, or in any purchase, sale or lease made by the city under and by virtue of this ordinance. To have care SECT. 13. The said superintendent, under the direcand custody of school houses tion of the committee on public buildings, or of the mayor and other buildings. and aldermen as the case may be, shall have the care and Ibid. custody of all the school houses and other buildings belonging to the city, except as otherwise provided, whether used His duties. for county purposes or otherwise; he shall keep himself acquainted with their condition; he shall employ suitable mechanics, and shall himself superintend all repairs that may be ordered on the same; and, in general, he shall render such services as may be required of him, in relation to such buildings, by the mayor and aldermen, by the committee on public buildings, or by any other committee or board appointed by the city council. To keep record. SECT. 14. The said superintendent shall keep an accuIbid. rate record of all buildings belonging to the city, and lands To report to city appurtenant to such buildings; and in the month of Janucouncil. ary, in each year, he shall present to the city council a report in relation to the same, showing their condition, and the nature and amount of expenditures that shall have been made in relation thereto. No building or SECT. 15. No building, or land appurtenant thereto land appurtenant to be sold shall be sold by any committee of the city council, without without an order from the an order from the city council authorizing such sale. city council. Ibid. 309 PUBLIC LANDS. STATUTE. 6. Duties of superintendent. 1. The city of Boston authorized 7. May contract to defray expento make a branch railroad from ses by transfer of lands. the Old Colony railroad to the 8. His duties in relation to the city flats, by a bridge over the laying out of streets, &c. South bay. 9. All contracts, &c., to be signed 2. To be connected with Old Col- by the mayor, and countersignony railroad. When to be re- ed by superintendent. moved. 10. Superintendent to make quar3. Bridge over South Bay, how to terly reports. be constructed. 11. To keep record or account of all vacant lands. ORDINANCE. 12. Moneys, securities, &c., to be 1. Committee on public lands to paid to and deposited with the be appointed. treasurer. 2. To have care and management 13. No conveyance to be delivered of public lands. till purchase money is paid or 3. May lay out streets, &c. May secured. lay sewers, &c. 14. No expenditure, &c., to be made 4. Superintendent of public lands without sanction of the city to be chosen. council. 5. Shall give bond. Condition of bond. STATUTE. 1. By an act passed March 3, 1848, the city of Boston The city of Boston authorized was authorized to locate and construct a branch railroad, to make abranch railroad from the from some convenient point on the Old Colony railroad, in Old Colony railBoston, on the southwesterly side of the. turnpike, so fats, by a bridge over the South called; thence running across the marshes and flats, and Bay. over South Bay, by a suitable bridge, to the flats belonging (Accepted by to the said city, and lying between the easterly line of'Apyril 24,1848. Front street, and the sea wall lately erected by the said vol.26, p.156.) city, with power, from time to time, as convenience might require, to locate branch tracks thereupon, for the purpose of filling up or grading any streets, passage-ways, or lands, in that vicinity, situate easterly of Washington street; and for the purpose aforesaid, the said city of Boston was vested with all the powers and privileges, and made subject to all the duties, liabilities, and restrictions, 310 PUBLIC LANDS. set forth in the forty-fourth chapter of the Revised Statutes, and in that part of the thirty-ninth chapter of said statutes relating to railroad corporations, and in all statutes which had been, or should be thereafter, passed relating to railroad corporations; excepting, however, that the said city was not required to make any annual report to the legislature, unless thereafter specially directed so to do. To be connect- 2. The said branch railroad was permitted to be coned with the Old Colony railroad. nected with the Old Colony railroad, upon such terms and 848, 37, 2. conditions as might be agreed between the said city of When to be re- Boston, and the Old Colony Railroad Company; and the said branch railroad, and also all branch tracks therefrom, that might be constructed under the first, second and third sections, were to be removed within five years from the first day of February, in the year one thousand eight hundred and forty-eight; and all piles not taken up, were to be cut off at least six feet below the surface of the mud. Bridge over 3. The city of Boston were required to cause the South Bay, how to be con- bridge above authorized, to be constructed with convenient structed. Ibid, 3. draws over the channel of South Bay, to be at least thirty feet wide, and with suitable piers, at the expense of said city, and to maintain and tend the same, so as to afford all reasonable and proper accommodation for vessels having occasion to pass by day or night through the same; and to improve the channels on said South Bay, the said city were required to remove from each channel at least twelve thousand eight hundred cubic yards of mud or earth, at their own expense, within six months from the first day of April, 1848, under the direction of Allen Putnamn, of Roxbury, and Charles Heath, of Boston, or, in case of their death or inability to act, then under the direction of the mayor of Roxbury for the time being. 1 1 The act of 1848, c. 37, ~ 4, provided that the said act should take effect from and after its passage; and that upon its acceptance by the city council, all the powers and privileges conferred upon the city of Boston, by the act of the legislature approved by the governor on the twenty-third day of April, in the year one thousand eight hundred and forty-seven, entitled " An act to authorize the city of Boston to construct a railroad from the Providence railroad to South Bay," should be deemed to be surrendered PUBLIC LANDS. 311 ORDINANCE OF THE CITY.' SECT. 1. In the month of January, in each year, there Committee on public lands to shall be appointed a joint committee of the city council, to be appointed. be called the committee on public lands, to consist of two July 22, 1850. aldermen and five members of the common council, and of the mayor, who shall be chairman ex officio. SECT. 2. The said committee shall have the care and Tohavecare and management of management of the public lands belonging to the city, so public lands. Ibid. far as relates to the improvement, sale and disposal of the same, subject to the limitations, mentioned in this and other ordinances of the city, and to such rules, orders and regulations, as the city council may from time to time adopt. SECT. 3. The said committee are authorized to lay out May layout streets, &c. and make such streets, passage-ways and squares on the [bid. public lands, to lay such sewers therein, and to make such May lay sewers, alterations in the lots, as they may deem expedient, subject to the approval of the mayor and aldermen. SECT. 4. There shall be chosen annually in the month Superintendent of public lands of April or May, and whenever a vacancy occurs, by con- to be chosen. tbid. current vote of the two branches of the city council, a superintendent of public lands, who shall hold his office until a successor is appointed, or he is removed. He shall be removable at the pleasure of the city council, and shall receive such compensation as the said council may from time to time determine. SECT. 5. The said superintendent, before entering on Shall give bond. the duties of his office, shall give bond, with one or more sureties, to the approbation of the mayor and aldermen, with condition that he will not, directly or indirectly, for Condition of himself or others, or by others in trust for him, or on his bond. account, have any interest or concern in any purchase, by the said city, and said last mentioned act become null and void, being in such case repealed. See 1847, c. 250. For the powers of the city council in relation to the public lands, see city charter and amendments, ~ 25, pp. 16, 17, ante. 1 An ordinance concerning the public lands, passed July 22, 1850. 312 PUBLIC LANDS. lease, contract or agreement, to be made in pursuance of this ordinance. Duties ofsuper- SECT. 6. The said superintendent shall devote himself intendent. Ibid. to the care, improvement and sale of the public lands, and, under the direction of the said committee, shall cause them to be surveyed and laid out into convenient lots, and contract for the sale, and actually sell or lease the same, at public or private sale. But this and the third section shall not apply to the common, the land and flats west of Charles street, the city wharf, the lands connected with the public institutions at South Boston, or to any other lands purchased or held for specific purposes, unless by special vote of the city council. May contract to SECT. 7. The said superintendent may, under the direcdefray expenses by transfer of tion of the said committee, contract and agree for defraylands. Ibid. ing in part, or in whole, the cost or expense incident to, or arising out of the performance of any acts which he is by this ordinance authorized to do and perform, by transfer of lands to the contracting parties, in lieu of money, when the same can be done with advantage to the city. His duties in re- SECT. 8. The said superintendent shall at all times lation to the laying out of perform such services as may be required of him by the streets, &c. Ibid. mayor and aldermen, in the laying out, alteration or widening of streets, and in the trial or settlement of any and all claims for damages, in consequence of such laying out, alteration or widening, and in the care and improvement of the common and public squares. All contracts, SECT. 9. All contracts, deeds, conveyances and leases, &c., to be signed by the mayor, made by virtue of this ordinance, shall be signed and exand countersigned by superin- ecuted by the mayor, in the same manner as if the same tendent. ibid. were made by order of the city council, and shall be countersigned by the said superintendent. Superintendent SECT. 10. The said superintendent shall, at least once to make quarterly reports. in three months, and as often as required, make a true Ibid. and correct report of his proceedings under this ordinance, and exhibit proper schedules and accounts of all lands sold, moneys received and securities taken, to the mayor and aldermen, which shall be by them sent to the common council. RAILROADS. 313 SECT. 11. The said superintendent shall keep an accurate To keep record or account of all record or account of all the vacant lands belonging to the vacant lands. Ibid. city; and whenever any such land shall be purchased by the city, for any purpose, it shall be the duty of the person or persons so purchasing the same, to make report thereof forthwith to the said superintendent. SECT. 12. All money agreed to be paid by any pur- Moneys, securities, &c., to be chaser or lessee of the public lands, and all notes, bonds, paid to and deposited with the mortgages and securities for moneys, arising or accruing from treasurer. Ibid. or in virtue of any contract made by said superintendent, shall be paid to and deposited with the treasurer. SECT. 13. No conveyance of any estate in fee or for No conveyance life in any lands belonging to the city, shall be delivered, to bP ela, ered money iscpaid until the purchase money is paid, or secured by a mortgage or secured. of the same land or other land of equal value; and the Ibid. mayor may from time to time release to any mortgagor or his assigns, any part of the mortgaged premises, on payment of an equivalent portion of the purchase money. And in all cases where lands other than those sold are proposed to be taken as collateral security, the consent and approbation of the mayor in writing shall he first obtained. SECT. 14. There shall be no expenditure of money, or No expenditure, contract requiring the expenditure of money to be made, ithtout sanction under or by virtue of this ordinance, without the sanction of city council. of the city council, by an appropriation first made to meet such expenditure. RAILROADS. STATUTES. 3. Railroads not to obstruct other 1. Damages for land, &c., taken roads in crossing. for railroads, to be assessed by 4. Proceedings when railroad corthe mayor and aldermen. porations wish to raise or lower 2. Either party may apply to turnpikes, &c. C. C. Pleas for a jury. 5. If the parties do not agree as to 40 314 RAILROADS. alterations, either may appeal 11. Penalty. to commissioners. 12. Railroad corporations may al6. Railroads not to be obstructed ter the course of highway, subby turnpikes, &c., subsequently ject to the direction of the laid out. county commissioners. 7. Proceedings where it is neces- 13. Bell to be attached to locomosary that a highway, &c., cross- tive engines, and to be rung, ed by a railroad, should be &c. raised or lowered. Application 14. Sign boards to be erected at the to county commissioners, for crossings of roads. their decision thereon. 15. Gates, &c., shall also be erect8. Railroads to be constructed so ed, if necessary. as to pass over or under high- 16. Penalty for neglecting to comway, &c. Space to be left un- ply with the foregoing provider railroad sufficient for travel. sions, and liability for damaBridges, &c., to be built and ges. maintained in good repair to 17. Applications, as to railroads accommodate travel. crossing other roads, in Boston, 9. Railroad corporation may be may be made to the mayor and authorized and required by aldermen. county commissioners, upon 18. The preceding section, and R. application, to construct their S. 39, ~~ 79, 80 and 81, exrailroad on a level with high- tended. Corporation shall proway, &c., at crossings. May vide a gate or bars, when adbe required to erect and main- judged necessary. tain a gate, and provide an 19. County commissioners may diagent at such crossings, as pro- rect gates to be built across vided in R. S., 39, ~ 80. Cost highway, &c. of application, by whom to be 20. Shall have original jurisdiction paid. of questions as to obstructions 10. Fences, &c., to be erected and by railroads. maintained at such places as 21. The supreme judicial court may be reasonably required, shall have equity jurisdiction upon both sides of the railroad, to enforce decisions of county except, &c. Sufficient barriers commissioners. to be maintained to keep cattle from the railroad. Damages for 1. If any railroad corporation shall, by virtue of their land, &c., taken for railroads, to charter, take any land or other property, within the city of be assessed by the mayor and Boston, without the consent of the owner of such land or aldermen. R. S. 39, ~ 63. other property, the mayor and aldermen of said city shall, except as provided in the following. section, have all the power of commissioners in the like cases; and the like proceedings shall be had, before the said mayor and aldermen, for the purpose of ascertaining, securing and obtaining payment of damages, and subject to the same limitations, as in case of an application to the said commissioners. RAILROADS. 315 2. Either party, if dissatisfied with the estimate of dam- Either party may apply to ages thus made by said mayor and aldermen, may apply C. c. Pleas for a jury. for a jury to the court of common pleas, next to be held Ibid,; 64. within the county of Suffolk, after the said estimate is made known to the parties; and thereupon the same proceedings shall be had, as in case of estimating and enforcing payment of damages for laying out ways within the said city. 3. If any railroad shall be so laid out as to cross any Railroads not to obstruct other turnpike road or other way, it shall be so made as not to roads in crossing. obstruct such turnpike road or way. R. S. 39, ~ 66. 4. Every railroad corporation, which has been or may Proceedings when railroad be established, may raise or lower any turnpike or way, for corporations wish to raise or the purpose of having their railroad pass over or under the lower turnpikes, same; but before proceeding to make any alteration in such Ibid,, 67. turnpike or way, said railroad corporation shall, in writing, notify the president or clerk of the corporation owning such turnpike, or the selectmen of the town in which such way is situated; and said turnpike corporation or said selectmen, respectively, within thirty days after receiving such notice, shall, in writing, notify said railroad corporation of the alterations, if any, which they may require to have made therein for the purpose aforesaid. 5. If the parties shall not agree what alterations are If thepartiesdo necessary, the said railroad corporation, as well as the said alterations, proprietors of the turnpike, and said selectmen, may apply peal to commisto the commissioners in the county where the said portion Ibid. e68. of turnpike, or way is situated, at their next regular meeting after the expiration of said thirty days, to determine whether any and what alterations shall be made, and their decision shall be final; and in case said corporation shall unreasonably neglect to make such alteration as the said commissioners shall determine to be proper, the said proprietors or selectmen shall have the same remedies as are prescribed for the recovery of damages caused by making such railroad. 6. If, after the laying out and making of any railroad Railroads not to already granted, or which may be hereafter granted, any turnpikes, &c., subsequently turnpike road or other way shall be so laid out as to cross laid out. said railroad, the said turnpike road or way may be so ibid, ~ 69. 316 RAILROADS. made as to pass under or over said railroad, and said turnpike or way shall in all cases be so made as not to obstruct or injure such railroad. Proceedings 7. If the selectmen of any town, or the mayor and where it is necessary that a aldermen of any city, wherein any turnpike, highway or highway, &c., crossed by a rail- town-way, crossed by any railroad, on a level therewith, is road, should be raised, or low- situated, shall be of opinion that it is necessary for the seered. 1842, 2. curity of the public that said turnpike, highway or townSee R. S., 29, ~ 66-69. way should be raised or lowered, so as to pass over or under said railroad, said selectmen, or mayor and aldermen, may, in writing, request the corporation to which said railApplication to road belongs to raise or lower said ways; and if said corcounty commissioners, for their poration shall neglect or refuse so to do, said selectmen, or decision thereon. mayor and aldermen, may apply to the county commissioners of the county within which said town is situated, to decide upon the reasonableness of such request; and if said commissioners, after due notice and hearing the parties, shall decide that the raising or lowering of said ways is necessary, for the security of the public, said corporation shall comply with said decision, and shall pay the costs of the application; and if the said commissioners shall be of opinion that such alteration of said ways is not necessary, the said selectmen, or mayor and aldermen shall be liable to pay the costs of their application; and if said corporation shall unreasonably neglect or refuse to carry into effect the decision of said commissioners, such selectmen, or mayor and aldermen, may proceed to do it, and may institute and prosecute to final judgment and execution, in any court proper to try the same, an action of the case against said corporation, and recover the amount of all charges, expenses, labor and services occasioned by making such alteration, with costs of suit. Railroads to b 8. Every railroad corporation which may construct a constructed so as to cross over railroad across any turnpike, highway, or town-way, shall or under highwayX, &c. 1.construct it, so as to cross over or under the turnpike, high1846, 271, ~ 1. way or town-way, and if the railroad shall be constructed to cross over the turnpike, highway, or town-way, a suffiSpace to be left under railroad, cient space shall be left under the railroad conveniently to sufficient for travel. accommodate the travel upon the turnpike, highway or town-way. And such railroad corporation shall build, keep RAJLROADS. 317 up and maintain in good repair, such bridges, with suitable Bridges, a&., to and convenient approaches thereto, as may be required to maintained in good repair to accommodate the travel upon the turnpike, highway or accorlmmodate town-way, over such crossing, except such as are provided for in the following section. 9. The county commissioners of the county in which Railroad corporation may be such crossing is situated, upon the application of the rail- authorized and required by road corporation, or of the proprietors of the turnpike, or county commissioners, upon of the selectmen of the town, or of the mayor and aldermen application, to construct their of the city in which the crossing is situated, after due railroad on a level with highnotice to the railroad corporation, the proprietors of the way, &c., at crossings. turnpike and such selectmen, or mayor and aldermen, not Ibid, ~ 2. being themselves the applicants, and to any other persons of parties, as they may direct, and after hearing the parties, may authorize and require the railroad corporation to construct their railroad at such crossing, upon a level with the turnpike, highway or town-way, in such manner as they may direct; and if they shall consider it necessary, may May be required to erect and require the railroad corporation to erect and maintain a maintaina gate, and provide an gate across the railroad at such crossing, and to provide an agent at such crossings, as agent to open and close the same, as is provided in the provided in RS. 39, 80. eightieth section of the thirty-ninth chapter of the Revised cosst of applicaStatutes. And the railroad corporation shall pay the cost to b paidwhom of every such application, excepting in cases where the See 15, post. county commissioners shall deny the application of the proprietors of a turnpike or the selectmen of any town, or the mayor and aldermen of any city. 10. Every railroad corporation shall erect and maintain Fences, &c., to be erected and suitable fences, with convenient bars, gates or openings maintained at such places as therein, at such places as may reasonably be required, ma pbereasonably required, upon both sides of the entire length of any railroad which upon both sides *.of the railroad, they may construct, except at the crossings of any turn- except, &c. pike, highway or other way, or in places where the conve- Ibid,' 3. nient use of the railroad would be obstructed thereby. And shall also construct and maintain sufficient barriers, at Sufficient barsuch places as may be necessary, where it is practicable to taiSed to keepndo so, to prevent the entrance of cattle upon the railroad. raitl froeafm the 11. Any railroad corporation which shall unreasonably Penalty. neglect to comply with any of the provisions of the three Ilbid, 4. 318 RAILROADS. preceding sections shall, for each and every such neglect, forfeit a sum not exceeding two hundred dollars, for every month during which such neglect shall have continued. Railroad corpo- 12. If any railroad corporation, which has been or may rations may alter the course be established, shall think proper to alter the course of any of highway, subject to the highway or town-way, for the purpose of facilitating the direction of the county commis- crossing of the same by their railroad, or for the purpose of sioners. 1849, 159, i. permitting their railroad to pass at the side of such way, without crossing the same, they may make such alteration in such manner as shall be directed by the commissioners of the county where such way is situated; provided the commissioners, after due notice to the selectmen of the town where such way is situated, shall be of opinion that such alteration will not essentially injure such way; and provided further, that any damage occasioned to private property thereby shall be paid by the corporation, as in case of land taken for the construction of the railroad. talhed o beat- 13. Every railroad corporation shall cause a bell, of at motive engines, least thirty-five pounds in weight, to be placed on each and to be rung, &R. 39,78 locomotive engine passing upon their road; and the said bell shall be rung, at the distance of at least eighty rods, from the place where said railroad crosses any turnpike, highway or town-way, upon the same level with the railroad, and shall be kept ringing until the engine has crossed such turnpike or way. Sign boards to 14. Every railroad corporation shall cause boards to be the crossings of placed, well supported by posts or otherwise, and conroads. Ibid, ~ 79. stantly maintained across each turnpike, highway or townway, where it is crossed by the railroad, upon the same level therewith; the said posts and boards to be of such height, as shall be easily seen by travellers, without obstructing the travel; and on each side of said boards, the following inscription shall be printed, in capital letters of at least the size of nine inches each, —RAILROAD CROSSING-LOOK OUT FOR THE ENGINE WHILE THE BELL RINGS. Gates, &c., 15. If the selectmen of any town, wherein any turnshall also be erected if ne- pike, highway or town-way, so crossed by any railroad, is lbid, 80. situated, shall be of opinion, that the provisions contained RAILROADS. 319 in the two preceding sections are not a sufficient security to the public, in any particular case, and that it is necessary for such security, that gates should be erected across the railroad, and that an agent should be stationed to open and close said gates, whenever any engine passes, the said selectmen may in writing request said railroad corporation to erect such gates and station an agent as aforesaid; and if said corporation shall neglect or refuse so to do, the said selectmen may apply to the commissioners, to decide upon the reasonableness of such request; and if said commissioners, after due notice, and hearing the parties, shall decide that the erection of such gates, and providing such agent, are necessary for the security of the public, said railroad corporation shall comply with said decision, and shall pay the costs of the application; and if the said commissioners shall be of opinion, that the establishment of said gates and agent is not required as aforesaid, the said selectmen shall be liable to pay all the costs of their application. 16. If any railroad corporation shall unreasonably neg- Penalty for neg-' l!ecting to comlect or refuse to comply with the requisitions, contained in Ply with the foregoing prothe three preceding sections, they shall forfeit, for every visionsr and liasuch neglect or refusal, a sum not exceeding one thousand ages. Ibid, i 81. dollars; and if any agent stationed as aforesaid shall neglect to open or close said gates, for the safe passing of the engine on the railroad, or the traveller on the turnpike, highway or town-way, he shall, for every such neglect, forfeit a sum not exceeding one hundred dollars; and the said railroad corporation shall also be liable for all damages, sustained by any person by reason of such neglect of any of their agents, to be recovered in an action on the case, by the person sustaining such damages. 17. By an act passed May 2, 1849, it was provided Applications, as to railroads that the application required by the eightieth section of the crossing other roads, in Boston, thirty-ninth chapter of the Revised Statutesl to be made by may be made to the mayor and selectmen to county commissioners, in the matter of a aldermen. crossing, by a railroad, of any turnpike, highway, or townway, may, when said crossing is within the limits of the city of Boston, be made by any two inhabitants of said city, 1 That is, ~ 15, ante. 820 RAILROADS. to the mayor and aldermen thereof, and such inhabitants shall be liable for costs when the railroad corporation shall be the prevailing party, and before the hearing of the application, shall give bonds, with sufficient surety, for the payment of such costs, if the mayor and aldermen shall so adjudge. The preceding 18. The provisions of the preceding section, and of the section, and R. S. 39, ~ 79, 80 seventy-ninth, eightieth, and eighty-first sections of the and 8 extended. Ibid, 2-. thirty-ninth chapter of the Revised Statutes,' are declared applicable to all crossings by railroads of any highway, turnpike, town-way, or travelled place, upon the same level therewith, which did, at the passage of said statute of 1849, Corporatio aor might thereafter exist; provided, that, whenever it shall shall provide a gate, or bars, be adjudged that a railroad corporation shall provide secuwhen adjudged necessary. rity against a travelled place, not laid out and adjudged to be a town-way or a highway, the said corporation shall provide a gate for the same, or bars, as the county commissioners shall order. County comayis- 19. The county commissioners may direct gates to be sioners may direct gates to be built across the turnpike, highway or town-way, when the built acoss highway, &c. same crosses such railroad, instead of across said railroad. Ibid, ~ 3. Shall have origi- 20. The original jurisdiction of all questions touching nal jurisdiction of questions as obstructions to turnpikes, highways, or town-ways, caused to obstructions by railroads. by the construction or operation of railroads, shall be vested Ibid ~ 4. in the county commissioners of the respective counties wherein such obstructions shall occur. S. J. Court, shall 21. The supreme judicial court shall have jurisdiction have equity jurisdiction to in equity, and may compel railroad corporations to raise or enforce decisions of county lower any turnpike, highway or town-way, when the county commissioners. Ibid 5. commissioners have decided, or may decide, in due and legal form, that such raising or lowering of any such way is necessary for the security of the public, and to compel railroad corporations to comply with the orders, decrees, and judgments of county commissioners, in all cases touching obstructions, by railroads, in any of said ways.2 1 That is, ~~ 14, 15, and 16, ante. 2 For other provisions respecting railroads, see R. S. c. 39, ~~ 45-86, and c. 130, ~ 21; 1836, c. 278; 1837, c. 226; 1838, c. 99; 1839, c. 76; 1840, c. 83, 85; 1841, c. 34, 69, 125; 1843, c. 10, 68; 1845, c. 191; 1846, c. 97, 190; 1847, c. 181; 1848, c. 140, 327; 1849, c. 131, 153, 161, 172, 191; 1850, c. 44. For the act respecting a temporary branch railroad over South Bay, see Public Lands, p. 309, ante. 321 REGISTRY OF BIRTHS, MARRIAGES AND DEATHS. STATUTES. 10. Clerks to obtain and record in1. City clerk to record all births formation. Registrar may be and deaths in the city. chosen to perform this duty, in 2. Parents and others to give no- certain cases. Oath. tice to city clerk, of births and 11. Fees. Compensation may be deaths. limited. 3. Clerks to transmit to secretary 12. Penalties for neglect by underof the commonwealth, copies of takers, &c. How recovered. record of births, marriages and 13. Blank forms of returns. deaths. Births, how to be re- 14. Intentions of marriage to be corded, and with what particu- entered with clerk, registrar, &c. lars. Marriages. Deaths. 15. Clerk shall deliver to the par4. School committees to make an- ties a certificate. nual returns of births to town 16. Parties going out of the state and city clerks. to be married, shall file a cer5. Persons solemnizing marriages, tificate within seven days after to keep a record thereof, and to their return. make returns, monthly, to town 17. Fee. and city clerks. 18. Repeal of so much of R. S. 75, 6. Persons having charge of burial as is inconsistent. Proviso. grounds, to make returns of burials, monthly, to town and ORDINANCE. city clerks. 1. City registrar to be chosen. 7. Clerks to distribute blank forms 2. To perform duties of clerks of returns. and registrars in relation to 8. Secretary of the commonwealth births, marriages, and deaths. to furnish clerks with books 3. To report to city council. and blanks, and to prepare and 4. Assistant registrars. report abstract of returns to 5. Compensation of registrar. the legislature annually. 6. Compensation of undertakers. 9. Penalty for neglect by clerks. STATUTES. 1. By the provisions of the Revised Statutes, the city City clerk to rev cord all births clerkl was required to keep a record of the births and and deaths in deaths of all persons within the city, and coming to his the city. 15, 46. knowledge; and to specify in such record the day of each Ibid, e27, 6, 1 See ~ 10, p. 324, post, providing for the choice of a city registrar, to perform the duties herein imposed upon the city clerk. 41 322 REGISTRY OF BIRTHS, MARRIAGES AND DEATHS. birth and death, and the names of the parents of such persons, if known. Parents and 2. Parents in the city shall give notice to the city clerk others, to give notice to city of all the births and deaths of their children; and every clerk, of births and deaths. householder shall give the like notice of every birth and Ibid. R. s. 15, s 47. death happening in his house; and the eldest person next of kin shall give such notice of the death of his kindred; and the keeper of any alms-house, work-house, house of correction, prison or hospital, and the master or other commanding officer of any ship, shall give the like notice of every birth and death, happening among the persons under his charge; and every person, neglecting to give such notice, for the space of six months, after the birth or death shall have happened, shall forfeit to the use of the city a sum not exceeding five dollars. Clerks to trans- 3. The clerks of the several cities and towns in this mit to secretary of the common- commonwealth shall, annually, on or before the first day of wealth copies of record of births, February, return to the secretary of the commonwealth marriages and deaths. copies of the records of the births, marriages, and deaths, 1844, 159, ~ 1. 1849, 202, 5. which have occurred within their respective cities and towns during the next preceding year ending December thirty-first. The births shall be numbered and recorded in the order Births, how to in which they are received by the clerk. The record of be recorded, and with what par- births shall state in separate columns the date of the birth, ticulars. 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. Marriages. 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 person by whom married, the names and surnames of the parties, 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. REGISTRY OF BIRTHS, MARRIAGES AND DEATHS. 323 The deaths shall be numbered and recorded in the order Deaths. in which 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 married,) age, occupation, place of death, place of birth, names of the parents, disease, or causes of death, and the time when the record was made. 4. The school committee of each city or town shall, School commitannually, in the month of May, ascertain from actual annual returns of births, to town inquiry or otherwise, all the births which have happened and city clerks. within such city or town, during the year next preceding the first day of said May, together with the facts concerning births required by the preceding section, 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. 5. Every justice, minister, and clerk, or keeper of the Personssolemnizing marriages, records of the meeting wherein any marriages among the to keep a record thereof, and to Friends or Quakers shall be solemnized, shall make a record,make returns, monthly,to town of each marriage solemnized before him, together with all and city clerks. 5bid, ~ 3. the facts relating to marriages required by the third seetion; and each such justice, minister, clerk, or keeper, shall, between the first and tenth days of each month, return a copy of the record for the month next preceding, to the clerk of the city or town in which the marriage was solemnized; and every person as aforesaid, who shall neglect to make the returns required by this section, shall, R. S. 75, 18. upon conviction thereof, forfeit for each neglect a sum, not less than twenty, nor more than one hundred dollars; one moiety thereof to the use of the county in which he resides, and the other moiety to the use of the person who shall prosecute therefor. 6. Each sexton, or other person, having the charge of Persons having charge of burial any burial ground in this commonwealth, shall, on or before grounds to make returns of buthe tenth day of each month, make returns of all the facts rials monthly, to town and city required by the third section, connected with the death of clerks.' 44, 159, o 4. 324 REGISTRY OF BIRTHS, MARRIAGES AND DEATHS. 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 person resided at the time of his death. And such sexton, or other person, shall be entitled to receive from the treasury of the city or town in which the return is made, five cents for the return of each death made agreeably to the provisions of this act. 1 Clerks to dis- 7. It shall be the duty of the clerks of the several cities tribute blank forms of returns. and towns, to make such distribution of blank forms of reIbid, Q 6. turns as shall be designated by the secretary of the commonwealth. Secretaryofthe 8. The secretary of the commonwealth shall prepare commonwealth to furnish clerks and furnish to the clerks of the several cities and towns in with books and blanks, and to this commonwealth, blank books of suitable quality and size, prepare and report abstract of to be used as books of record, according to the provisions returns to the legislature an- of the five preceding sections, and also blank forms of rea., ~ 7. turns as herein before specified, and shall accompany the same with such instructions and explanations as may be necessary 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 and the five preceding sections. Penalty for neg- 9. Any clerk, who shall neglect to comply with the lect by clerks. Ibid, ~ 8. requirements of the six preceding sections, 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.2 Clerks to obtain 10. Town and city clerks are authorized and required and record information. to obtain, record, and index, the information concerning Re8gistrar may be births, marriages, and deaths, now required by law. Towns form this duty, and cities, containing more than ten thousand inhabitants, in certain cases. may choose a person, other than the town or city clerk, to 1 The 5th section of stat. 1844, c. 159, providing for the fees of the clerk, appears to be superseded by subsequent provisions. See ~ 11, p. 325, post. 2 Stat. 1844, c. 159, ~ 9, repealed Stat. 1842, c. 95. REGISTRY OF BIRTHS, MARRIAGES AND DEATHS. 325 be town or city registrar, to perform this duty, instead of the town or city clerk; and said registrar shall take an oath. oath faithfully to perform the duties of the office. 11. The fees of the clerk and registrar, for obtaining, Fees. recording, and indexing, the information required by this Ibid' 2 act, shall be as follows:-For each birth, twenty cents; for each intention of marriage, including the certificate to the parties, fifty cents; for each marriage solemnized, ten cents; for each death, five cents; and the undertaker shall be allowed ten cents for information concerning each death which he returns to the clerk or registrar; said fees for births, deaths, and marriages solemnized, shall be paid by the town; and for intentions of marriage, by the parties having such intentions; provided, however, that the aggre- Compensation 0 C may be limited gate compensation, allowed to any clerk or registrar, may be limited by any town or city, containing over ten thousand inhabitants, but in no case so as to prevent the full execution of this and the tenth, twelfth, and thirteenth sections. 12. Any undertaker, or other person having the super- Penalties for neglect by unintendence of the burial of any deceased person, who shall dertakers, &c. neglect or refuse to obtain and return the information re-bi ~ quired by this act concerning each person deceased, whose burial shall come under his superintendence, shall be liable to a penalty not exceeding twenty dollars for each neglect, and, if an undertaker, to be deprived of his office. And every clerk or registrar, who wilfully neglects or refuses to perform the duties herein prescribed, shall be liable to a penalty of not less than twenty, nor more than one hundred dollars, for each neglect or refusal. All penalties and for- How recovered. feitures, under this section, may be recovered by any person who shall sue for the same, one half thereof to the use of said complainant, and the other half to the use of the town or city in which the forfeiture shall have been incurred. 13. The blank forms of such returns shall be printed Blank forms of returns. on paper of uniform size; and those for each year, when Ibid, ~ 5. See e 3, filled out and returned to the office of the secretary of p. 322, ante. state, shall be bound together in one or more volumes, and 326 REGISTRY OF BIRTHS, MARRIAGES AND DEATHS. shall be furnished with an index. Blank books for indexes to the town registrars, shall be prepared by the secretary of state, and furnished to the several towns and cities at the expense of the commonwealth.1 Intentions of 14. All persons intending to be joined in marriage shall marriage to be entered with cause notice of their intention to be entered before their clerk, registrar, &c1. marriage, in the office of the clerk, registrar, or other 1850 officer appointed for such purpose, of the city or town in which they may respectively dwell, (if within the state;) and if there be no such clerk in the place of their residence, the like entry shall be made with the clerk of an adjoining town. Clerk shall de- 15. The clerk shall deliver to the parties a certificate liver to the parties a certificate. under his hand, specifying the time when notice of the intention of marriage was entered with him, which certificate shall be delivered to the minister or magistrate, in whose presence the marriage is to be contracted, before he shall proceed to solemnize the same. Parties going out 16. Whenever parties living in this commonwealth shall of the state to be married, shall go out of it for the purpose of having a marriage solemnized file a certificate within seven between them in another state, and a marriage shall be so days after their re ftrn. solemnized, and they shall return to dwell here, they are Ibid, l 3. hereby required to file a certificate or declaration of their marriage, including the facts concerning marriages now required by law, with the clerk or registrar of the town or city where either of them lived at the time, within seven days after their return, under a penalty of ten dollars, to be recovered in the manner and to the uses specified in the third section of the "act relating to the registration of births, marriages, and deaths," passed on the second day of May, in the year eighteen hundred and forty-nine.2 Fee. 17. The fee of the clerk or registrar, for making the Ibid, S 4. record of such marriage, shall be fifty cents, to be paid by i the said parties. 1 Stat. 1849, c. 202, ~ 6, contained a general repeal of all inconsistent provisions. 2 ~ 12, p. 325, ante. REGISTRY OF BIRTHS, MARRIAGES AND DEATHS. 327 18. So much of the seventy-fifth chapter of the Revised Repeal of so much of R. S. 75, Statutes as is inconsistent with the four preceding sections, as isinconsistent. Ibid, Q 5. is hereby repealed: provided, nevertheless, that nothing Proviso. herein contained shall be so construed as to modify or alter the provisions of the twenty-second section of the said seventy-fifth chapter, which relates to marriages among the people called Friends or Quakers, but the same shall remain in full force. ORDINANCE OF THE CITY.1 SECT. 1. There shall be chosen in the month of Feb- City registrar to be chosen. ruary or March, in each year, and whenever a vacancy oc- Sept. 9, 1850. curs, by concurrent vote of the two branches of the city council, a city registrar, who shall hold his office until a a successor is appointed, or he is removed, and who shall be removable at the pleasure of the city council. SECT. 2. The said city registrar shall perform the du- To perform duties of clerks and ties required by law to be performed by town and city registrars in relation to births, clerks, or town and city registrars, in relation to births, marriages and deaths. marriages and deaths; and he shall have the custody of all Ibid. records, books and papers, belonging to the city, relating to these matters. SECT. 3. The said city registrar shall, in the month of To reportto city council. January, annually, report to the city council a statement of Ibid. the number of births, of intentions of marriage entered according to law, of marriages solemnized, and of deaths recorded during the previous year, with such other information, and suggestions in relation thereto, as he may deem useful; and he shall perform such other duties as may be required of him by the mayor and aldermen or the city council. 1 An ordinance providing for the appointment of a city registrar, passed Sept. 9, 1850. 328 REWARDS. Assistant regis- SECT. 4. The said city registrar is authorized to employ Ibid. one or more assistants, to act under his authority and direction, in obtaining information concerning all matters which may legally come under his superintendence. Compensation of SECT. 5. The said city registrar shall receive, in full registrar. Ibid. compensation for all his services under the general laws and the ordinances of the city, such salary, and such additional allowance for necessary clerk hire and assistants, as the city council may from time to time determine. Compensation of SECT. 6. The compensation required by law to be paid undertakers. Ibid. for obtaining and returning to the city registrar the inforSee ~ 51, p. 213, and 5 6, p. 323, mation required concerning persons deceased, shall be unante. derstood as included in the fees, provided to be paid to undertakers, in the fifty-first section of an ordinance relating to the public health, passed on the twentieth day of August, in the year eighteen hundred and fifty; and this section shall be considered as a part of their agreement, in accepting office. REWARDS.1 STATUTE. exceeding $200, for securing offenders. 1. Selectmen, or mayor and alder- 2. Payment, when there is more men may offer a reward not than one claimant. Selectmen, or 1. The Selectmen of any town or the mayor and aldermayor and aldermen, may offer a men of any city, are authorized, whenever, in their opinion, reward not exceeding $200 for the public good may require it, to offer a suitable reward, securing offenders.g to be paid by such town or city, not exceeding two hundred 1840, 75, B 1. 1 The mayor and aldermen of the city of Boston passed an order, " that a reward of $500 be offered to any person who shall give information, so that any person shall be convicted of setting fire to any building, for the purpose of burning the same:" an advertisement was inserted in the REWARDS. 329 dollars in any one case, to any person who shall in consequence of such offer, secure any person charged with any capital crime, or other high crime or misdemeanor, committed in such town or city, and such reward shall be paid by the treasurer of such town or city, upon the warrant of the selectmen or mayor and aldermen. 2. When more than one claimant shall appear and ap- Payment, when ply for the payment of such reward, the selectmen or may- than one claimant. or and aldermen shall determine to whom the same shall be Ibid, i 2. paid, and if to more than one person, in what proportion to each, and their determination shall be final and conclusive in law upon all persons whatsoever. city newspapers which were published on the next morning after said order was passed, reciting that sundry houses and other buildings had been recently set on fire, and offering a reward of $500 to any person "who shall give information, so that any perpetrator of these outrages shall be convicted." This advertisement purported to be " by order of the mayor and aldermen," and was signed by the city clerk. Held, that the advertisement must be taken to be the official act of the mayor and aldermen. Held, also, that the order and the advertisement were to be construed together, as parts of the same transaction, and that by the true construction thereof, the reward was offered for information that would lead to the conviction of offences previously committed, and not offences thereafter committed. Freeman v. City of Boston, (5 Mete. 56.) The mayor of the city of Boston caused an advertisement to be published, for about a week, in the daily papers of the city, stating that there had been a frequent and successful repetition of incendiary attempts, and offering a reward, to be paid by the city, for the apprehension and conviction of any person engaged in those attempts. Held, that this was not to be regarded as an unlimited offer, continuing till it should be formally withdrawn, but as limited to a reasonable time; and that it ceased to be an offer, after the lapse of three years and eight months. Loring v. City of Boston, (7 Mete. 409.) As to the right of city officers to claim rewards offered bythe city authorities, see Poole v. City of Boston, decided in the S. J. Court, November Term, 1849. See also Meads v. City of Boston, decided at the same term. 42 330 RIOTS. STATUTES. 9. Cities and towns to pay three 1. Unlawful assemblies, how sup- fourths of the value of property pressed. destroyed or injured by rioters. 2. Punishment for refusing as- Proviso. sistance, when required. Re- 10. Town or city, after payment, fusing to disperse, when com- may recover the amount against manded. any or all of the offenders. 3. Neglect of mayor or other offi- 11. Active militia to be ordered cer to suppress, &c. out first in case of war, riots, 4. Officers may quell unlawful as- &c. semblies, by force, &c. 12. Fine for soldiers not obeying 5. Armed force, if called out, to orders to appear in case of obey orders of governor, judge, riot, &c. &c. 13. Proceedings to be adopted for 6. Officers, &c., to be held guilt- ordering out volunteer corps in less, though death be inflicted. case of riots, or the like. Form Rioters, &c., to be severally re- of requisition on commanding sponsible. officer. 7. Riotously destroying dwelling 14. Penalty on officers and soldiers house, &c. for disobeying orders. 8. Provisions of former law ex- 15. Troops to appear with ammutended. nition, &c. Unlawful as- 1. If any persons, to the number of twelve or more, semblies, how suppressed. being armed with clubs or other dangerous weapons, or if R. S. 129, 1. 10 Mass. 518. any persons, to the number of thirty or more, whether arm5 Mete. 536. Thacher's Crim. ed or not, shall be unlawfully, riotously, or tumultuously Cases, 118. assembled in any city or town, it shall be the duty of the mayor and of each of the aldermen of such city, and of each of the selectmen of such town, and of every justice of the peace, living in any such city or town, and also of the sheriff of the county and his deputies, to go among the persons so assembled, or as near to them as may be with safety, and in the name of the commonwealth to command all the persons, so assembled, immediately and peaceably to disperse; and if the persons, so assembled, shall not thereupon immediately and peaceably disperse, it shall be the duty of each of the said magistrates and officers to command the assistance of all persons there present, in seizing, arresting and securing in custody, the persons so unlawfully assembled, RIOTS. 331 so that they may be proceeded with for their offence, according, to law. 2. If any person present, being commanded by any of Punishment for refusing assistthe magistrates or officers, mentioned in the preceding sec- ance, when required. tion, to aid or assist, in seizing and securing such rioters [bid,, 2. or persons so unlawfully assembled, or in suppressing such riot or unlawful assembly, shall refuse or neglect to obey such command, or, when required by any such magistrate or officer to depart from the place of such riotous or unlawful assembly, shall refuse or neglect so to do, he shall be Refusing to disperse, when deemed to be one of the rioters, or persons unlawfully as- commanded. sembled, and shall be liable to be prosecuted and punished accordingly. 3. If any mayor, alderman, selectman, justice of the Neglect of mayor or other peace, sheriff or deputy sheriff, having notice of any such officer to suppress, &c. riotous or tumultuous and unlawful assembly, as is men- Ibid 3. tioned in the two preceding and four succeeding sections, in the city or town in which he lives, shall neglect or refuse immediately to proceed to the place of such assembly, or as near thereto as he can with safety, or shall omit or neglect to exercise the authority, with which he is invested by said sections, for suppressing such riotous or unlawful assembly, and for arresting and securing the offenders, he shall be deemed guilty of a misdemeanor, and punished by a fine not exceeding three hundred dollars. 4. If any persons, who shall be so riotously or unlaw- Officers may quell unlawful fully assembled, and who have been commanded to disperse, assemblies, by force, &c. as before provided, shall refuse or neglect to disperse, with- lbid,' 4. out unnecessary delay, any two of the magistrates or officers, before mentioned, may require the aid of a sufficient number of persons, in arms or otherwise, as may be necessary, and shall proceed, in such manner as in their judgment shall be expedient, forthwith to disperse and suppress such unlawful, riotous or tumultuous assembly, and seize and secure the persons composing the same, so that they may be proceeded with according to law. 5. Whenever an armed force shall be called out, in the Armed force, if called out, to manner provided by the twelfth chapter of the Revised obey orders of 332 RIOTS. governor, Statutes,l for the purpose of suppressing any tumult or riot, judge, &c. Ibid, 5. or to disperse any body of men, acting together by force, and with intent to commit any felony, or to offer violence to persons or property, or with intent, by force or violence, to resist or oppose the execution of the laws of this commonwealth, such armed force, when they shall arrive at the place of such unlawful, riotous or tumultuous assembly, shall obey such orders for suppressing the riot or tumult, and for dispersing and arresting all the persons, who are committing any of the said offences, as they may have received from the governor, or from any judge of a court of record, or the sheriff of the county, and also such further orders, as they shall there receive from any two of the magistrates or officers, mentioned in the first section. Officers, &c., to 6. If, by reason of any of the efforts made by any two be held guiltless, though death be or more of the said magistrates or officers, or by their diinflicted. lbid 6. rection, to disperse such unlawful, riotous or tumultuous assembly, or to seize and secure the persons composing the same, who have refused to disperse, though the number remaining may be less than twelve, any such person, or any other persons then present as spectators or otherwise, shall be killed or wounded, the said magistrates and officers, and all persons acting by their order, or under their direction, shall be Rioters, &c., to held guiltless and fully justified in law; and if any of the said be severally responsible. magistrates or officers, or any person acting by their order, or under their direction, shall be killed or wounded, all the persons so unlawfully, riotously or tumultuously assembled, and all other persons who, when commanded or required, shall have refused to aid and assist the said magistrates or officers, shall be held answerable therefor. Riotously de- 7. If any of the persons, so unlawfully assembled, shall stroying dwelling house, &c. demolish, pull down or destroy, or shall begin to demolish, bid, S g7. pull down or destroy any dwelling house, or any other building, or any ship or vessel, he shall be punished by imprisonment in the state prison, not more than five years, or 1 The Rev. Stat. c. 12, ~~ 134-136, here referred to, contain provisions for calling out the militia in case of tumults, riots, mobs, &c., similar to those contained in stat. 1840, c. 92, ~~ 27-29, (~~ 13-15, p. 333,post); these sections of the latter statute being a re-enactment, with some variations, of the provisions of the Revised Statutes. RIOTS. 333 by fine not exceeding one thousand dollars, and imprisonment in the county jail, not more than two years, and shall also be answerable to any person injured, to the full amount of the damage, in an action of trespass. 8. The sixth section above shall be applicable to pro- Provisions of former law exceedings had, and cases arising under the provisions of the tended. 1839, 54, ~ 1. fourth and fifth sections above, or either of them. 9. Whenever any property of the value of fifty dollars Cities and towns to pay threeor more, shall be destroyed, or be injured to that amount fourths of the value of propby any persons to the number of twelve or more, riotously, erty destroyed or injured by routously, or tumultuously assembled, the city or town rioters. within which said property was situated, shall be liable toid, 2 indemnify the owner thereof to the amount of three-fourths of the value of the property so destroyed, or the amount of such injury thereto, to be recovered in an action of the case in any court proper to try the same: provided, the Proviso. owner of such property shall use all reasonable diligence- to prevent its destruction, or injury, by such unlawful assembly, and to procure the conviction of the offenders. 10. Any city or town which shall pay any sum under Town or city, after payment, the provisions of the preceding section, may recover the may recover the amount against same against any or all of the persons who shall have de- ay or all of the offenders. stroyed or injured such property. tbid, ~ 3. 11. The active militia of this commonwealth shall con- Active militia to he ordered out sist and be composed of volunteers, or companies raised at first in case of war, riots, &c. large, and in all cases shall first be ordered into service, 1840,,'2, 11. in case of war, or invasion, or to prevent invasion, to suppress riots, or to aid civil officers in the execution of the laws of the commonwealth. 12. For unnecessarily neglecting to appear when or- Fine for soldiers not obeying dered, or disobeying order, in case of any tumult, riot, r orders to appear in case of riot, other cause, as provided in the following section, or advising &c. any other person to do the like, every non-commissioned officer, musician, or private, belonging to the active militia of the commonwealth, shall forfeit and pay fifty dollars. 13. Whenever there shall be, in any county, any Proceedings to be adopted for tumult, riot, mob, or any body of men acting together by ordering out volunteer corps force, with intent to commit any felony, or to offer violence in case of riots, or the like. to persons or property, or by force and violence to break Ibid, ~ 27. 334 RIOTS. and resist the laws of this commonwealth, or any such tumult, riot or mob shall be threatened, and the fact be made to appear to the commander in chief, or the mayor of any city, or to any court of record sitting in said county, or if no such court be sitting therein, then to any justice of any such court, or if no such justice be within the county, then to the sheriff thereof, the commander in chief may issue his order, or such mayor, court, justice, or sheriff may issue his precept directed to any commanding officer of any division, brigade, regiment, battalion, or corps, to order his command, or any part thereof, describing the kind and number of troops, to appear at a time and place within specified, to aid the civil authority in suppressing such violence, and supporting the laws; which precept, if issued by a court, shall be in substance as follows: SS. Form of requisition on corn- COMMONWEALTH OF MASSACHUSETTS. manding officer. _ Insert the) A. B. Insert his L. S. To officer's commanding. command. - ~ — ~, title. c WHEREAS it has been made to appear to our justices of our, now holden at, within and for the county of, that (here insert one or more of the causes above mentioned,) in our county of, and that military force is necessary to aid the civil authority in suppressing the same: Now, therefore, we command you, that you cause, (here state the number and kind of troops required,) armed, equipped, and with ammunition, as the law directs, and with proper officers, either attached to the troops or detailed by you, to parade at, on, then and there to obey such orders as may be given them, according to law. Hereof fail not, at your peril, and have you there this writ, with your doings returned thereon. WITNESS, L. S., Esquire, at, on the day of,in -the year C. D., Cleric. SCHOOLS. 335 And if the same be issued by any mayor, justice, or sheriff, it should be under his hand and seal, and otherwise varied to suit the circumstances of the case. 14. The officer to whom the order to [of] the com- Penalty on officers and soldiers mander in chief, or such precept shall be directed, shall for disobeying orders. forthwith, order the troops therein mentioned, to parade at Ibid, t 28. the time and place appointed; and if he shall refuse or neglect to obey such order or precept, or if any officer shall neglect or refuse to obey an order issued in pursuance thereof, he shall be cashiered, and be further punished by fine or imprisonment, not to exceed six months, as a court martial may sentence. And any non-commissioned officer or soldier who shall neglect or refuse to appear at the place of parade to obey any order in such case, or any person who shall advise or endeavor to persuade any officer or soldier to refuse or neglect to appear at such place, or to obey such order, shall suffer the penalty provided in such case in the twelfth section. 15. Such troops shall appear at the time and place ap- Troops to appear with ainmmupointed, armed and equipped, and with ammunition, as for nition, &c. inspection of arms, and shall obey and execute such orders Ibid, 29. as they may then and there receive, according to law.' SCHOOLS. STATUTES. 500 families, except, &c. In 1. What schools shall be provided towns of 4,000 inhabitants. by every town. 6. Towns within the 5th section, 2. What by towns of 100 fami- but containing less than 8,000 lies. inhabitants, exempted from its 3. What by towns of 150 families. requirements, on certain con4. What by towns of 500 families. ditions. 5. Additional school in towns of 7. Towns of less than 500 fami1 See Rev. Stat. c. 12, ~~ 134-136, c. 130, ~ 17; 1838, c. 143; 1847, c. 104; 1849, c. 59; and 1821, 110, ~ 4, (p. 4, ~ v, ante.) 336 SCHOOLS. lies may maintain such school ries, for school returns. Secas mentioned in ~ 5. retary to forward the same. 8. Duty of instructors. School committee to return the 9. Duty of ministers and town same, duly filled up, to the secofficers. retary of the commonwealth. 10. Towns may raise money for 31. School committee to make, anschools. nually, a detailed report of the 11. School committee of Boston. condition of the public schools. 12. School committee to examine To be deposited with clerk, and into the qualifications of in- read in town meeting, &c. structors. 32. The income of school fund, 13. Instructors not to be paid, un- except, &c., to be apportioned less the committee certify, &c. according to number of per14. Committee to decide on admis- sons between 5 and 15. Prosion of scholars into school viso. kept for the whole town. 33. Committee shall state, in their 15. Committee to visit all the dis- returns, the amount received trict schools. from the school fund. 16. Authority of committee as to 34. Secretary of board of educaschool books. tion to transmit forms, &c. 17. Parents, &c., to supply the 35. Clerks of cities and towns to books prescribed. distribute the same. 18. Books may be provided by the 36. Abstracts of school returns to school committee. be made up by board of educa19. Books to be furnished at ex- tion. pense of town, in case, &c. 37. City or town may withhold 20. Expense of books so supplied, compensation of school comto be taxed to parents, &c. mittee who fail to make re21. If parents are unable to pay, turns. such tax may be wholly or par- 38. Where school committees betially omitted. come reduced in number, the 22. Books not to be bought which remaining members empowfavor any particular sect of ered to make returns christians. 39. Registers to be provided and 23. Committee to select teachers. transmitted to school commit24. Committee to keep records, &c. tees. To be faithfully kept, 25. Committee empowered to dis- according to form prescribed. miss teachers. 40. Board of education to prescribe 26. Proceeds of Maine land and form of school registers. No militia claim, appropriated to teacher entitled to pay, until school fund. the register of the school is 27. Investment of school fund. completed. 28. Committees to make returns to 41. Provisions of R. S. c. 23, not secretary. to affect funds, &c., of corpora29. School committee to ascertain tions for supporting schools. and report, annually, the num- 42. Forfeiture, if towns neglect to ber of persons between 5 and raise money for schools, and 15 years of age in their city or how appropriated. town. Form of certificate. 43. School committee, &c., to re30. Board of education shall pro- ceive and appropriate sums vide form of blanks and inqui- forfeited. SCHOOLS. 837 44. Any city or town may appro- 50. Punishment for disturbing priate further sums of money school, &c. for instructing adults in read- 51. Remedy for the unlawful exing, &c. clusion of a child from public 45. Such sums to be assessed, &c., school instruction. in the same manner as taxes. 46. School districts, &c., may raise ORDINANCE. money for the purchase of libra- 1. School committee to elect and ries, &c. remove instructors, and deter47. Physiology and hygiene to be mine their salaries, &c. taught in the schools. 2. To apportion salaries of in48. Teachers to be examined in structors, so as not to exceed those branches. the appropriations made by 49. When to take effect. city council. 1. In every townl in this commonwealth, there shall What schools shall be providbe kept, in each year, at the charge of the town, by a ed by every town. teacher or teachers of competent ability and good morals, 1839, 56, S 1. one school for the instruction of children in orthography, reading, writing, English grammar, geography, arithmetic, and good behavior, for the term of six months, or two or more such schools for terms of time which shall together be equivalent to six months; and in every school in this commonwealth containing fifty scholars as the average number, the school district or town to which such school belongs shall be required to employ a female assistant or assistants, unless slch school district or town shall, at a meeting regularly called for that purpose, vote to dispense with the same. 2. In every town, containing one hundred families or What by towns of 100 families. householders, there shall be kept in each year one such R.s. 23,.2.es school,2 for the term of twelve months, or two or more such schools, for terms of time, that shall together be equivalent to twelve months. 3. In every town, containing one hundred and fifty What by towns of 150 families. families or householders, there shall be kept in each year Ibid, ~ 3. 1 The word "town" may be construed to include "cities," &c. Rev. Stat. c. 2. ~ 6, clause 17. 2 The word "such" in this section refers to the first part of ~ 1, ending with the words "equivalent to six months," which follows the language of Rev. Stat. c. 23, ~ 1. The remainder of ~ 1, was first enacted in 1839. 43 338 SCHOOLS. two such schools, for nine months each, or three or more such schools, for terms of time, that shall together be equivalent to eighteen months. What by towns 4. In every town, containing five hundred families or of 500 families. Ibid, j~4. householders, there shall be kept in each year two such schools for twelve months each, or three or more such schools, for terms of time, that shall together be equivalent to twenty-four months. Additional 5. Every town, containing five hundred families or school in towns of 500families, householders, shall, besides the schools prescribed in the except, &c. Ibid, ~5. preceding section, maintain a school, to be kept by a master of competent ability and good morals, who shall, in addition to the branches of learning before mentioned, give instruction in the history of the United States, book-keeping, surveying, geometry and algebra; and such last mentioned school shall be kept for the benefit of all the inhabitants of the town, ten months at least, exclusive of vacations, in each year, and at such convenient place, or alternately at such places in the town, as the said inhabitants In towns of 4000 at their annual meeting shall determine; and in every town i containing four thousand inhabitants, the said master shall, in addition to all the branches of instruction, before required in this chapter, be competent to instruct in the Latin and Greek languages, and general history, rhetoric and logic. Towns within 6. Towns coming within the requirements of the prethe 5th section, r e but containing ceding section, but of less than eight thousand inhabitants less than 8000 inhabitants, ex- by the next preceding decennial census, may be exempt from empted from its requirements, on said requirements: provided, that they maintain, in each certain conditions. year, two or more schools, in such districts as the school 1850, 274. committee shall approve, for terms of time that shall, together, be equivalent to twelve months, and for the benefit of all the inhabitants, kept by masters who, in addition to the branches of instruction enumerated in the first section of said chapter, shall be competent to give instruction in the history of the United States, book-keeping, surveying, geometry, and algebra, and also, in towns containing four thousand inhabitants, in the Latin and Greek languages, general history, rhetoric and logic: provided, also, that no one of said schools shall be kept for a less term than three months. SCH00LS. 339 7. Any town, containing less than five hundred families Towns of less than 500 families or householders, may establish and maintain such a school Inay maintain such school as as is first mentioned in the fifth section, for such term of mentioned in ~ 5. time, in any year, or in each year, as they shall deem ex-. 23, pedient. 8. It shall be the duty of the president, professors, and Duty of instructors, tutors of the university at Cambridge, and of the several R. S. 23, ~ 7. See also Consticolleges, and of all preceptors and teachers of academies, tution, ch. 5, Q 2. and all other instructors of youth, to exert their best endeavors, to impress on the minds of children and youth, committed to their care and instruction, the principles of piety, justice, and a sacred regard to truth, love to their country, humanity and universal benevolence, sobriety, industry, and frugality, chastity, moderation, and temperance, and those other virtues, which are the ornament of human society, and the basis upon which a republican constitution is founded; and it shall be the duty of such instructors to endeavor to lead their pupils, as their ages and capacities will admit, into a clear understanding of the tendency of the above mentioned virtues to preserve and perfect a republican constitution, and secure the blessings of liberty, as well as to promote their future happiness, and also to point out to them the evil tendency of the opposite vices. 9. It shall be the duty of the resident ministers of the Duty of ministers and town gospel, the selectmen, and the school committees, in the officers. several towns, to exert their influence, and use their best R. S. 23, endeavors, that the youth of their towns shall regularly attend the schools established for their instruction. 10. The several towns are authorized and directed, at Towns may raise money for their annual meetings, or at any regular meeting called for schools. Ibid, ~ 9. the purpose, to raise such sums of money, for the support of the schools aforesaid, as they shall judge necessary; which sums shall be assessed and collected in like manner as other town taxes. I 11. The school committee of the city of Boston shall School committee of Boston. consist of the mayor, of the president of the common coun- 1s35, 128, s 1. 1 See also ~ 44, p. 348, post. 840 SCHOOLS. (Adopted by citi- Cil, and of twenty-four other persons, two of whom shall be zens in ward meetings, April chosen in each ward, and who shall be inhabitants of the 29, 1835. Records of re- wards in which they are chosen; said twenty-four members turns of votes from the wards, to be chosen by the inhabitants at their annual election of April 29, 1835.) 1821, 110, l 19. municipal officers; and said school committee shall have the care and superintendence of the public schools. 1 School commit- 12. The school committee shall require full and satistee, to examine into the qualifi- factory evidence of the good moral character of all instruccations of instructors. tors, who may be employed in the public schools in their. S. 23, town, and shall ascertain, by personal examination, their literary qualifications and capacity for the government of schools. Instructors not 13. Every instructor of a town or district school shall to be paid unless the committee obtain of the school committee of such town, a certificate certify, &c. Ibid, t 14. in duplicate, of his qualifications, before he opens such utsee 1850,115. school, one of which shall be filed with the town treasurer, before any payment is made to such instructor on account of his services. Committee to 14. The school committee shall determine the number decide on admission of and qualifications of the scholars, to be admitted into the scholars into school kept for school, kept for the use of the whole town, as aforesaid, and the whole town. R. S. 23, ~ 15. visit such school, at least quarter yearly, for the purpose of making a careful examination thereof, and of ascertaining that the scholars are properly supplied with books; and they shall, at such examination, inquire into the regulation and discipline of the school, and the habits and proficiency of the scholars therein. Committee to 15. The school committee, or some one or more of them, visit all the district schools. shall, for the purposes aforesaid, visit each of the district Ibid, S 16. schools in their town, on some day during the first or second week after the opening of such schools, respectively, and also on some day during the two weeks preceding the closing of the same; and shall also, for the same purposes, visit all the schools kept by the town, once a month, without giving previous notice thereof to the instructors. 1 As to the right to establish in the city of Boston, separate schools for colored children, see the case of Roberts v. City of Boston, decided in the Supreme Judicial Court, March T. 1850. SCHOOLS. 841 16. The school committee of each town shall direct Authority of committee as to what books shall be used in the several schools kept by the school books. town; and may direct what books shall be used in the re- bid, 17. spective classes. 17. The scholars at the town schools shall be supplied Parents, &c., to supply the by their parents, masters or guardians, with the books pre- books prescribed for their classes.' Ibid, ~ 18. 18. The school committee of each town may procure, Books may be provided by the at the expense of the town, or otherwise, a sufficient supply school commitof such class books, for all the schools aforesaid, and shall R. S. 23, ~ 19. give notice of the place, where such books may be obtained; and the books shall be supplied to the scholars, at such prices, as merely to reimburse the expense of the same. 19. In case any scholar shall not be furnished by his Books to be furnished at exparent, master, or guardian, with the requisite books, he pense of the town, in case, shall be supplied therewith by the school committee, at the &c. R. S. ~ 20. expense of the town. 20. The school committee shall give notice, in writing, Expense of books so supto the assessors of the town, of the names of the scholars plied, to be taxed to parents so supplied by them with books, and of the books so furnish- ted to parentsc. ed, the prices thereof, and the names of the parents, mas- R S. 23, 20. ters or guardians, who ought to have supplied the same; and said assessors shall add the price of the books so supplied, to the next annual tax of such parents, masters or guardians; and the amount so added shall be levied, collected, and paid into the town treasury, in the same manner as the town taxes. 21. In case the assessors shall be of opinion, that any If parents are unable to pay, such parent, master or guardian is unable to pay the whole such tax may be wholly or parexpense of the books so supplied on his account, they shall tially omitted. omit to add the price of such books, or shall add only a part Ibid 22 thereof, to the annual tax of such parent, master or guardian, according to their opinion of his ability to pay. 22. The school committee shall never direct to be pur- Books not to be bought which chased or used, in any of the town schools, any school favor any particular sect of books, which are calculated to favor the tenets of any par- christians. ticular sect of christians. Ibid 23. 342 SCHOOLS. Committee to 23. The school committees shall select and contract select teachers. 1338, 105, ~ 2. with the teachers for the town and district schools.' Committee to 24. The school committee in each town shall be prokeep records, &c. vided with a record book, in which all votes, orders and proDbid, 3 ceedings of the committee shall be duly recorded, and said record shall be delivered over by the committees, at the expiration of the year, to their successors in office.2 Committee em- 25. The school committee of any town is authorized to powered to dismissteachers. dismiss from employment any teacher in such town, when1844, c. 32. ever the said committee may think proper, and from the time of such dismissal such teacher shall receive no further compensation for services rendered in that capacity. Proceeds ofsand 26. All moneys and stocks in the treasury, on the first Maine lands and militia claim, day of January, in the year one thousand eight hundred appropriated to schoolfund. and thirty-five, which shall have been derived from sales of the commonwealth's lands in the state of Maine, and from the claim of the commonwealth on the government of the United States for military services, and which shall not be otherwise appropriated, together with one half of the moneys thereafter received from the sale of lands in Maine, shall constitute a permanent fund, to be called the Massachusetts school fund, for the encouragement of common schools, according to the provisions of the twenty-fourth chapter of the Revised Statutes;3 provided, that said fund shall never exceed one million of dollars. Investment of 27. The investment of all moneys, appropriated to the school fund. Ibid, ~ 14. said school fund, shall be made by the treasurer of the commonwealth, with the approbation of the governor and council.4 Committees to 28. The school committees of the several towns and of make returns to secretary. the city of Boston shall, on or before the first day of No1 In towns, the teachers may be selected and contracted with by the prudential committee, whenever the town shall so determine. See the whole section, 1838, c. 105, ~ 2. 2 A provision is made by law for the compensation of school committees, except in the city of Boston. Stat. 1838, 105, ~ 4. 3 There appears to be an error in the Revised Statutes in this reference; c. 23 should have been referred to. 4 See also stat. 1838, c. 154; and 1846, 219, ~ 2. SCHOOLS. 343 vember, in each year, make official returns, to the secretary of the commonwealth, of all the public schools in such towns and city, respectively, whether such schools are kept for school districts, or for the common benefit of all the inhabitants. 29. The school committee of each city and town shall, School commitas soon as may be after the first day of May, annually, andreport, annually, the ascertain by actual examination or otherwise, the number number of persons between of persons between the ages of five and fifteen years be- 5 and 15 years of age in their longing to such city or town, on the said first day of May, city or town. 1846, 223, B 2. and shall make a certificate thereof, under oath, and also of 1849, 117, 1,. the sum raised by such city or town for the support of schools, including only wages and board of teachers, and fuel for the schools, during the said year; and shall transmit the same to the secretary of the commonwealth, on or before the last day of the following April, which certificate shall be in the following form to wit: We, the school committee of, do certify, from the Form of certificate. best information we have been able to obtain, that, on the first day of May, in the year, there were belonging to the said town the number of persons, between the ages of five and fifteen years; and we further certify, that said town raised the sum of —-- dollars for the support of common schools for the said year, including only the wages and board of teachers, and fuel for the schools. } School Committee. ss. On this - day of personally appeared the abovenamed school committee of, and made oath that the above certificate by them subscribed is true. Before me,.-..., Justice of the Peace. 30. The form of the blanks, and the inquiries provided for Board of education shall preby the statute of the year one thousand eight hundred and scribe form of 344 SCHOOLS. blanks and in- thirty-seven, chapter two hundred and twenty-seven,' shall quiries, for school returns. be prescribed by the board of education; and it shall be 1846, 223, ~ 3. the duty of said board, in the month of January, annually, to transmit to the secretary of the commonwealth, copies of said blanks for the several cities and towns. It shall Secretary to be the duty of said secretary to cause said blanks to be forward the same. forwarded to the sheriffs of the several counties, who shall transmit them as soon as may be to the clerks of the! several cities and towns within their counties respectively, And said clerks shall forthwith transmit the same to the school comSchool commit- mittees. The school committees of the several cities and tee to return the same, duly filled towns shall return said blanks duly filled up, to the office of up, to secretary of common- the secretary of the commonwealth, on or before the last wealth. day of April. If any school committee shall fail to receive such blank form of return on or before the last day of March, they shall forthwith give notice thereof, to the secretary of the commonwealth, who shall transmit such blank as soon as may be. School commit- 31. The school committees shall annually make a detee to make, annually, a de- tailed report of the condition of the several public schools tailed report of the condition of in their respective cities and towns, which report shall conthe public schools, tain such statements and suggestions in relation to such Dbid,. 4. schools as the said committee shall deem necessary or proper to promote the interests thereof; and a certified copy of such report shall be transmitted by said committees to the office of the secretary of the commonwealth, on or To bedeposited before the last day of April. Said report shall also be with clerk, and read in town deposited in the office of the clerk of the city or town; meeting, &c. 1 The Revised Statutes, c. 23, ~~ 63, 64, prescribed a form of blanks and inquiries for school returns. The statute of 1837, c. 227, referred to in the text, prescribed a different form, and repealed those sections of the Revised Statutes, but provided that all reference to those sections, contained in other sections of c. 23, should be considered as applying to the act of 1837. By stat. 1838, c. 105, ~ 5, the form of the blanks and inquiries, and the time of returning them, was left to be prescribed by the board of education. By stat. 1841, c. 17, ~ 4, the provision giving the board authority to prescribe the time, was repealed. By stat. 1846, c. 223, ~ 3, the provision giving the board authority to prescribe the form of blanks and inquiries was re-enacted, as given in the text. SCHOOLS. 345 and shall either be read in open town meeting, in the month of February, March or April, or at the discretion of the school committee, shall be printed for the use of the inhabitants.1 32. The income of the Massachusetts school fund, to The income of the school fund, the first day of June in each year, except the sum of two except, &c., to be apportioned hundred and forty dollars appropriated to the support of according to number of perschools among the Indians, shall be apportioned by the sonslbetween5 secretary and treasurer of the commonwealth, and paid Ibid, 5. over by the said treasurer on the tenth day of July, to the 9,117,. treasurer of the several cities and towns, for the use of the common schools therein, according to the number of per- Ibid, ~ 1. sons therein, between the ages of five and fifteen years, ascertained and certified as provided in the twenty-ninth section. Provided, however, that no such apportionment Proviso. shall be made to any city or town which shall have failed 1846, 223, 5. to comply with any of the provisions of this act, or which shall not have raised by taxation, for the support of schools, including only wages, and board of teachers, and fuel for the schools, during the said year, a sum equal at least to 1849, 117, ~ 3. one dollar and fifty cents for each person between the ages of five and fifteen years, belonging to said city or town, on the first day of May- of said year.2 33. In addition to the returns required of school com- Committees shall state, in mittees, by the twenty-third chapter of the Revised Stat- their returns, the amount utes,3 such committees shall hereafter be required to state received from the school fund. the sum or sums of money received from the school fund, 1850, c. 179. by their several towns and cities respectively; and also to specify the purposes to which such sums may have been appropriated. 34. It shall be the duty of the secretary of the board of Secretary of board of educaeducation to send the blank forms of inquiry, the school tion to transmit registers, the abstract of school returns, and the annual 1f85ms,41. 1 This section appears to supersede stat. 1838, 105, ~ 1. 2 By 1849, c. 117, ~ 4, nothing in the said act is to be considered as prohibiting the attendance upon the schools, of scholars under five or over fifteen years of age. 3 See ~ 28, p. 342, ante, and note to ~ 30, p. 344, ante. 44 346 SCHOOLS. report of the board of education, and that of its secretary, to the clerks of the several towns and cities of the commonwealth, as soon as may be after they are ready for distribution. Clerksof cities 35. It shall be the duty of the clerk of each of the and towns to distribute the several cities or towns to deliver the blank forms of inquiry, same. 1849, 65, S 2. and the registers, when the same shall be received by him, to the school committee; it shall also be his duty to deliver one copy of the said abstract and reports to the secretary of the school committee of the city or town, to be by him carefully kept for the use of the said committee, and handed over to his successor in office; and also two additional copies of said reports, for the use of said committee; and further, it shall be the duty of the clerks of the several cities or towns to deliver one copy of the said reports to the clerk of each of the school districts in the respective cities or towns, to be by him deposited in the district school library, if there be one; and, if not, to be by him carefully kept for the use of the prudential committee, the teachers, and the inhabitants of the district, during his continuance in office, and then to be handed over to his successor; and, in case the city or town shall not be districted, the said reports shall be delivered to the school committee, and so placed by them that they shall be accessible to the several teachers, and to the citizens; and they shall be deemed to be the property of the town or city, and not of any officer, teacher or citizen thereof. Abstracts of 36. The abstracts of school returns, prescribed by the school returns to be made up statute of eighteen hundred and thirty-seven, chapter two by board of education. hundred and forty-one,l shall hereafter be made up by the 1847, 183, 1. secretary of the board of education. City or town 37. Any city or town may withhold such compensation may withhold compensation of as the school committee of such city or town are now auschool committee, who fail to thorized, by law, to receive, if such town shall have formake returns. Ibid, ~ 2. 1 Stat. 1837, c. 241, ~ 2, here referred to, provided, that the board of education should prepare and lay before the legislature, in a printed form, on or before the second Wednesday of January, annually, an abstract of the school returns received by the secretary of the commonwealth. SCHOOLS. 347 feited its due portion of the income of the school fund through the failure of such committee to comply with the provisions of the law in relation to school returns, or to comply with the provisions of the thirty-first section. 1 1848, c. 173. 38. Whenever, in consequence of vacancies occurring Where school committees bein the school committee of any city or town in this come reduced in number, the monwealth, after the date of the warrant for the annual remaining members empowered town meeting for the election of their successors, or the tomake returns. inability, arising after said date, of any of the members of1849,. 144. said committee to act, such committee shall be reduced to a minority of its original number, the remaining members of said committee shall be competent to make the returns required to be made and transmitted to the office of the secretary of the commonwealth; and such returns shall be accompanied by a certificate of the person or persons so making them, setting forth the existence of such vacancies or disabilities, and the time when the same arose. 39. The board of education shall prescribe a blank form Registers to be of a register, to be kept in all the town and district schools tprnsided, and school commitin the commonwealth; and the secretary of state shall tees. forward a sufficient number of copies of the same to the 1838, 105, ~ 6. school committees of the respective towns; and said corn- To be faithfully mittees shall cause registers to be faithfully kept in all said to form preschools, according to the form prescribed. scribed. 40. Instead of the school registers, in book form, now Board of educatransmitted to school committees, the secretary of the board tion to prescribe of education is hereby required to transmit registers in r1849,209, ~ 1. such form as the said board shall prescribe; and no school No teacher entitled to pay, until teacher shall be entitled to receive payment for his or her the register of the school is services, until the register of his or her school, properly completed, &c. filled up and completed, shall be deposited with the school committee, or with such person as they may designate to receive it. 41. Nothing contained in the twenty-third chapter of Provisions of R. S. c. 93, not to the Revised Statutes shall affect the right of any corpora- affect funds, &c., of corporations tion, which is or may be established in any town, to manage for supporting any estate or funds, given or obtained for the purpose of..s. 23, ~ 59. 1 See note (2) to ~ 24, p. 342, ante. 348 SCHOOLS. supporting schools therein, or, in any wise, to affect any such estate or funds; but such corporate powers and such estate and funds shall remain, as if the provisions in said chapter had not been enacted. Forfeiture if 42. If any towns shall refuse or neglect to raise money towns neglect to raise money for the support of schools, as required by the twenty-third for schools; and how appropri- chapter of the Revised Statutes, such town shall forfeit a Ibid, g 60. sum, equal to twice the highest sum, which had ever before been voted for the support of schools therein; and, if any town shall refuse or neglect to choose a school committee to superintend said schools, or to choose, for the purposes before mentioned in the said chapter, prudential committees in their several districts, when it is the duty of the town to choose such prudential committee, such town shall forfeit a sum not less than one hundred nor more than two hundred dollars, which shall be paid into the treasury of the county; and one-fourth thereof shall be for the use of the county, and three-fourths thereof shall be paid by the county treasurer to the school committee of such town, if any, and if not, to the selectmen of the town, for the support of schools therein. School commit- 43. Every such school committee, or board of selecttee, &c., to receive and ap- men, shall forthwith receive, from the treasurer of the propriate sums forfeited. county, any money so payable to them, and shall apportion Ibid, ~ 61. and appropriate the same, to the support of the schools of such town, in the same manner it should have been appropriated, if it had been regularly raised by the town for that purpose. Anycityor town 44. In addition to the grants of money for common may appropriate further sums of schools which cities and towns are now, by law, authorized money for instructing adults to make, any city or town may appropriate such further in reading, &c. 147, 137,, ~ 1. sums of money as it may deem expedient, for the support of schools for the instruction of adults in reading, writing, English grammar, arithmetic, and geography. Such moneys to 45. Such moneys shall be assessed, levied, collected, be assessed, &c. a p in the same man d paid into the treasury, in the same manner that other ner as taxes. Ibid, ~ 2. town or city taxes are, and shall then be at the disposal of the school committee of the town or city, to be expended SCHOOLS. 349 by them, for the purpose aforesaid, in such manner as they may deem expedient. 46. The inhabitants of any school district, in any city School districts, &c., may raise or town, and of any city or town not divided into school money for the purchase of lidistricts, in this commonwealth, may, at any meeting called braries, &c. 1849, c. 81, ~ 1. for that purpose, raise money for the purchase of libraries, and necessary school apparatus, in the same manner as school districts may now raise money for erecting and repairing school houses in their respective districts. 47. Physiology and hygiene shall hereafter be taught Physiology and hygiene to be in all the public schools of this commonwealth, in all cases taught in the schools. in which the school committee shall deem it expedient. 1850, 229, s 1. 48. All school teachers shall hereafter be examined in Teachers to be examined in their knowledge of the elementary principles of physiology those branches. and hygiene, and their ability to give instructions in the same. 49. The two preceding sections shall take effect on When to take effect. and after the first day of October, one thousand eight Ibid, t 3. hundred and fifty-one. 50. Every person who shall wilfully interrupt or dis- Punishment for disturbing turb any school or other assembly of people, met for a law- school, &c. ful purpose, within the place of such meeting, or out of it, 1849, c. 59. shall be punished by imprisonment in the county jail, not more than thirty days, or by fine not exceeding fifty dollars. 51. Any child, unlawfully excluded from public school Remedy for the unlawful excluinstruction, in this commonwealth, shall recover damages sion of a child from public therefor, in an action on the case, to be brought in the school instruction. name of said child, by his guardian or next friend, in any 1845, c. 214. Roberts v. Boscourt of competent jurisdiction to try the same, against the ton, S. J. C. March T. 1850. city or town by which such public school instruction is supported. 1 1 For other and general laws respecting schools, see R. S. c. 15, ~ 33; c. 23; c. 94, ~ 54; c. 97, ~ 22; 1836, c. 245; 1837, c. 147, 227, 241; 1838, c. 55, 105, 154, 159, 189; 1839, c. 56, 137; 1840, c. 7, 76; 1841, c. 17; 1842, c. 42, 60; 1843, c. 85; 1844, c. 6, 32; 1845, c. 100, 157, 214; 1846, c. 99, 219; 1848, c. 10, 237, 274, 279, 283; 1849, c. 62, 81, 206, 215, 220; 1850, c. 115, 213, 286, 294, 301; some of which are, in whole or in part, repealed. See also Truants. 350 SECOND HAND ARTICLES ORDINANCE OF THE CITY.' School commit- SECT. 1. The school committee are authorized to elect tee to elect and remove instruct- all such instructors as they may think necessary, for the ors, and determine their sala- public schools, and to determine the amount of their respectries, &c. March 24, 1822. ive salaries; also to remove any instructor from said schools, when in their discretion it may be proper; and generally to execute all the powers, which the selectmen of towns or school committees are authorized by the laws of this commonwealth to exercise. To apportion SECT. 2. The school committee are authorized to dissalaries of instructors, so as tribute the annual sum which shall be appropriated by the not to exceed the appropriations city council for salaries of instructors in the public schools, made by city council. so fixing the amount of the salary of each instructor, as March23, 1830. that in no case shall the aggregate amount of all said salaries exceed the whole sum which shall have been so appropriated by said council. SECOND HAND ARTICLES. STATUTE. ORDINANCE. 1. Licenses may be granted to I. Licenses to contain conditions. deal in old and second hand Fee for license. Keeper of liarticles. censed shop shall keep a book, 2. Place of dealing to be desig- &c. Shall put up sign, designated. Conditions and terms nating that he is licensed. of license. Shops to be kept open at cer3. Penalty for dealing in such arti- tain hours only. Keeper shall cles without license, or at places not deal with minors or apnot designated, &c. prentices. 4. City council may suspend this 2. Penalty. act. Act not to take effect in towns, unless adopted in town meeting. 1 An ordinance providing for the election, and providing for the compensation of instructors in the public schools, passed March 24, 1822. An ordinance in addition to an ordinance providing for the election and compensation of instructors in the public schools, passed March 23, 1830. SECOND HAND ARTICLES. 351 STATUTE. 1. The mayor and aldermen of any city, and the select- Licenses may be granted to deal men of any town, may license such persons as they deem in old and second hand arsuitable to be keepers of shops for the purchase, sale, or ticles. barter of junk, old metals, or of any second hand articles, 1839', ~ 1. and to be dealers therein. 2. The licenses to such persons shall designate thePlace of dealing to be designated. place where the business is to be carried on, and contain Conditions and terms of license. such conditions and restrictions as may be prescribed by Ibid, ~ 2. the ordinances and by-laws of the city or town wherein the same are granted, and shall continue in force for one year unless sooner revoked. 3. No person, unless licensed as aforesaid, shall keep Penalty for dealany shop for the purchase, sale or barter of the articles ing isucwh artiany shop for the purchase, sale or barter of the articles cles without license, or at aforesaid, or be a dealer therein; nor shall any person so places not delicensed, keep such shop, or be a dealer in said articles in any signated, ~ 3. other place or manner than as is designated in his license, or after notice to him that said license has been revoked, under the penalty of a sum not exceeding twenty dollars for every offence, to be recovered by complaint in any police court, or by indictment in any court of record in the county where such offence may be committed. 4. The city council of any city may suspend or dispense City council may suspend this act. with the provisions of this and the three preceding sections, Ibid, ~ 4. so far as the same apply to each city, provided, that no offence committed and no penalty incurred before such suspension shall take effect, shall be affected thereby; and Act not to take effect in towns, the provisions of the said sections shall not extend to any unless adopted town unless the inhabitants thereof shall, at a legal meet- in town meeting. ing, adopt the same. 352 SECOND HAND ARTICLES. ORDINANCE OF THE CITY.1 Licenses to con- SECT. 1. All licenses which shall be granted by the tain conditions. May 6,1839. mayor and aldermen of the city, to any persons to be keepers of shops for the purchase, sale or barter of junk, old metals, or any second hand articles, and to be dealers therein, shall contain the following conditions and restrictions:Fee for license. First-That every person, at the time of receiving said license, shall pay therefor the sum of one dollar. Keeper of li- Second-That every keeper of such shop shall keep a censed shop shall keep a book in which shall be written, at the time of every purbook, &c. chase, a description of the article or articles purchased, the name and residence of the person from whom, and the day and hour when, such purchase was made; and that such book shall at all times be open to the inspection of the said mayor and aldermen, or of any person by them authorized. Shall put up Third-That every keeper of such shop shall put in some sign, designating that he is suitable place a sign designating that he is licensed as such, and containing his name. Shops to be kept PFourth —That the said shops shall not be kept open, open at certain hours only. except at such hours as shall be specially allowed by the terms of the license; and that no purchases of any of the articles aforesaid, shall be made by the keepers thereof, or by any person for them, except during such hours as shall be designated in the license. And that the said shops shall at all times be open to the inspection of the said mayor and aldermen, or of any person by them authorized. Keeper shall not Fifth-That no keeper of such shop shall, directly, or deal with minor or apprentice. indirectly, either purchase, or receive by way of barter or exchange, any of the articles aforesaid of any minor or apprentice, knowing or having reason to believe him to be such. Penalty. SECT. 2. Any person or persons having obtained a license under the provisions of this ordinance, who shall 1 An ordinance concerning junk shops and dealers in second hand articles, passed May 6, 1839. SEWERS. 353 violate any of the conditions thereof, shall upon conviction thereof, pay a fine of not less than one, nor more than twenty dollars, to be recovered by complaint before the justices of the police court. SEWERS. STATUTE. 3. Mayor and aldermen shall have 1. Mayor and aldermen, &c., may power to cause owners of land lay, &c., main drains and cornm- to make drains. Shall make mon sewers. same, at owner's expense, in 2. Persons entering particular case they neglect. drains into common sewers, 4. Rain water from roofs may be &c., shall pay a proportional carried into common sewers. part of the expense. 5. Penalty for entering drain into 3. Assessments to be a lien, for common sewer, without permit. one year, on real estate. Estate Fee for permit. may be sold for payment. 6. Superintendent of common 4. Any person aggrieved by as- sewers to be chosen. sessment may appeal to C. C. 7. Shall have supervision of comrnPleas, &c. mon sewers. 5. City, &c., may pay a part of 8. Shall ascertain, and insert in a expense. City of Boston shall book the dimensions, &c., of pay one quarter. sewers to be built. 6. Duty of South Cove Corpora- 9. Shall keep account of expense tion as to certain drains. of each, and report to mayor 7. City authorized to lay drains, and aldermen, &c. &c., under land extended by 10. Mayor and aldermen, in makB. and R. Mill Corporation. ing assessments, shall deduct not less than one quarter of the ORDINANCE. expense. Manner of assess1. Common sewers to be laid near ment. centre of street. Manner of 11. Manner of entering, demand. construction. Size. ing, and collecting assessments. 2. Drains entering into same, to 12. Same duties to be performed be built as mayor and aldermen in relation to common sewers shall direct. Size. heretofore constructed. 45 354 SEWERS. Mayorandalder- 1. The selectmen of the several towns, and the mayor men, &c., may lay, &c.,rmain and aldermen of the several cities, in the commonwealth, drains and common sewers. may lay, make, maintain and repair all main drains or com1841, 115, ~ 1. (Accepted by mon sewers in their respective towns and cities; and all the city council, April 5, 1841. main drains or common sewers which have heretofore been, City Records, vol. 19, p. 76.) or which may hereafter be constructed by any town or city, shall be taken and deemed to be the property of such town or city. Persons entering 2. Every person who may hereafter enter his particular particular drains into common drain into any main drain or common sewer so constructed pay a propor-hall as aforesaid, for the draining of his cellar or land, or in tional part of the expense. obedience to the by-laws or ordinances of the town or city, Ibid, ~ 2. 1 Mete. 130. or who, by any more remote means, shall receive any benefit thereby, for draining his cellar or land, shall pay to the town or city a proportional part of the charge of making and repairing such main drain or common sewer, to be ascertained and assessed by the selectmen in case of towns, and by the mayor and aldermen in case of cities, and by them certified and notice thereof given to the party to be charged, or his tenant or lessee. Assessments to 3. And all assessments, so made, shall constitute a lien be a lien, for on e year, on real es- on the real estates assessed for one year after they are laid, tate. Estate may a togthe be sold fortpay and may, together with all incidental costs and expenses ment. 1841, 115, ~ 3. be levied by sale thereof if the assessment is not paid within three months after a written demand of payment, made either upon the person assessed, or upon any person occupying the estate; such sale to be conducted in like manner as sales for the non-payment of taxes. Any person ag- 4. Any person who may deem himself aggrieved by any sessment may such assessment, may, at any time within three months appeal to C. C. Pleas, &c. from receiving notice thereof, appeal to the county commisIbid, ~ 4. sioners, or if the case arise in the city of Boston or in the town of Chelsea, to the court of common pleas, which court, in such case, shall appoint three disinterested persons, who may be inhabitants of Boston or other town, to settle and assess the share to be charged to such person; and the same county commissioners and referees may examine the parties, and any other persons, on oath, touching the matter submitted to them, and shall settle and determine the SEWERS. 355 proper amount of charge or assessment, and the said referees, in the case of the city of Boston or the town of Chelsea, shall make return of their doings to the said court of common pleas, and in all cases the decision of said county commissioners and of the said referees shall be final, and in case the assessment made by the selectmen or mayor and aldermen shall not be reduced on such appeal, the town or city shall recover costs, but otherwise shall pay costs: provided, however, that in all cases of an appeal as aforesaid, the appellant, before entering it, shall give one month's notice, in writing, to the selectmen or mayor and aldermen, of his intention to appeal, and shall therein particularly specify the points of his objection to the assessment made by them, to which specification he shall be confined upon the hearing of the appeal. 5. Nothing contained in this and the four preceding city, &t., nay pay a part of exsections shall prevent any town or c;ty from providing, by peYse. City of Boston shall pay by-law, ordinance or otherwise, that a part of the expense of one quarter. Ibid, ~ 5. constructing, maintaining and repairing main drains or common sewers, shall be paid by such town or city; and in the city of Boston not less than one quarter part of such expense shall be paid by said city, and shall not be charged upon those using the said main drains or common sewers. 1 6. By the act to establish the South Cove Corporation) Duty of South Cove Corporapassed January 31, 1833, it is provided, that said corporal ioe as to certain drains. tion should be holden to extend and carry out all drains 133, 17, s 11. and common sewers which then had their termination in said cove, before they should so fill up said cove as to obstruct and affect their use; and that the same should be done in such manner as should be approved by the mayor and aldermen of the city of Boston. And if any other drains or common sewers should from time to time thereafter be made by said mayor and aldermen into said cove, as far as it should have been filled up at the time of making such other drains or common sewers, and the said corporation should 1 For provisions applicable to common sewers and main drains, in other cases, see Rev. Stat. c. 27. 356 SEWERS. thereafter further proceed to fill up said cove beyond the termination of such other drains or common sewers, then the said corporation should be further holden to extend and carry out from time to time, such other drains and common sewers before the said cove should be farther filled up, so that the said filling up should not obstruct and affect the use of such other drains and common sewers. City authorized 7. By an act authorizing the Boston and Roxbury Mill to lay drains, &c., under land Corporation to extend their wharf, passed March 6, 1844, extended by B. and R. Mill it was provided, that the authorities of the city of Boston Corporation. 1844, 58. should have the right to extend Byron street, so called, to the channel over the land to be made as authorized by the act, and to lay, continue, and maintain, all necessary drains under the same. ORDINANCE OF THE CITY.1 Common sewers SECT. 1. All common sewers which shall be considered to be laid near centre of street. necessary by the mayor and aldermen, in any street or June 14,1841. Manner ofcon- highway, shall be laid as nearly as possible in the centre of struction. such street or highway, and shall be built of such materials, and of such dimensions, as the mayor and aldermen shall size. direct. And where it is practicable and advisable, they shall be of a sufficient size to be entered and cleaned without disturbing the pavement above. Drains entering SECT. 2. All particular drains, which shall hereafter eninto same, to be built as mayor ter into such common sewer, shall be built of such materials and aldermen shall direct. as the mayor and aldermen shall direct; and shall be laid Ibid. under the direction of the said mayor and aldermen; and Size. they shall be laid in such direction, of such size, and with such descent, and (where required) with such strainers as they shall require; and shall, if practicable, be of a size, 1 An ordinance in relation to common sewers and drains, passed June 14, 1841, and an ordinance in addition thereto, passed March 7, 1844. SEWERS. 857 sufficient to be cleared from the common sewer without disturbing the pavement above. SECT. 3. The mayor and aldermen shall have power, in Mayor and aldermen shall all cases where there is any common sewer in any street or have powerlto cause owners of highway, to cause every owner of land, adjoining such street land to make drains. or highway, his agent or tenant, to make a sufficient drain Ibid. from his house, yard or lot, whenever in their opinion the same shall be necessary, and shall thereupon give such owner, agent or tenant, notice in writing, specifying the time within which such drain shall be completed; and in Shall make same, at owner's case the said owner, agent or tenant, shall neglect to cornm expense, in case plete the same within the time specified, the mayor and al- they neglect dermen shall cause the same to be done; and shall recover the whole amount of the expense thereof, together with ten per cent. damages, by an action of the case, to be brought in the name of the city of Boston before any court proper to try the same; provided, however, that in no case shall ten per cent. claimed by way of damage, exceed the sum of twenty dollars. 1 SECT. 4. It shall be lawful for all persons, having the Rain water from roofs may be carcare of any buildings, at their own expense, to carry the ried into comrain water from the roofs of said buildings, into any corn- Ibid. mon sewers, free of any charge from the city; provided, that the same be done by tight water spouts and tubes under ground, and under the direction of the Mayor and aldermen. SECT. 5. Every person entering his or her particular Penalty for endrain into any common sewer, without a permit in writing trion sewerdrai ito from the mayor and aldermen, or superintendent of com- bidotpermit. mon sewers hereinafter mentioned, shall forfeit and pay the sum of twenty dollars, and shall also be liable to pay all such damage by way of indemnification as the mayor and aldermen shall deem just and reasonable. And all persons Fee for permit. to whom the said permits shall be granted, shall pay there- Stec. 6,p.203, for a sum not less than ten dollars, as the mayor and aldermen may fix and determine. 1 See also ~~ 4 and 7, pp. 202, 203, ante. 858 SEWERSi Superintendent SECT. 6, There shall be appointed annually, in the of common sewro to be chosen. month of May or June, by concurrent vote of the 6ity CounL cil, a superintendent of common sewers, who shall hold his office until removed, (or a successor be appointed,) who shall receive such compensation as the city council shall determine, and who shall be removable at the pleasure of the city council, and in case said office shall at any time become vacant, the same shall be filled in the manner before prescribed. Shallhave es- SECT. 7, The said superintendent shall, under the dipervision of conimon sewers, rection of the mayor and aldermen, take the general superIbid. vision of all common sewers, which now are, or hereafter may be built and owned by the city, or which may be permitted to be built or opened byits authority, and he shall take charge of the building and repairs of the same, and make all contracts for the supply of labor and materials therefor. Shall ascertain SECT; 8. The said superintendent, whenever any comn and insert in a book the dimen- mon sewer is ordered to be built or repaired, shall ascerA sions, &c., of sewers to be tain its depth, breadth, mode of construction and general built. lbidi direction, and take the plan thereof, and insert the same, with all those particulars, in a book, to be kept for that purpose, and forthwith ascertain and insert on said plan all entries made into such sewer. Shall keep ac- SECT. 9. The said superintendent shall keep an accu-1 bount of expense of each, and re- rate account of the expense of constructing and repairing port to mayor bind aldermen, each common sewer, and shall report the same to the mayor Ibid. and aldermen, together with a list of the persons and estates deriving benefit therefrom, and an estimate of the value of the lands, upon which said expense ought to be assessed; the value of such lands to be estimated independently of any buildings or improvements thereon. Mayor and al- SECT. 10. It shall be the duty of the mayor and alderdermen, in making assessmentsmen, in making assessments for defraying the expense of less ihan one constructing or repairing common sewers, pursuant to the quarter of tho expense. provisions of this ordinance, to deduct from the said expense March 7, 1844. such part, and not less than one quarter part, as they may deem expedient, to be charged to, and paid by the city; Manner of as- and to assess the remainder thereof upon the persons and estates deriving benefit from such common sewer, either by SEWERS. 359 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 establish the time when the proportion of the said assessments, which is charged upon persons benefited, shall be paid. SECT. 11. The said superintendent shall enter in books, Mannerofenterto be kept for that purpose, all such assessments made by an d collectinlg the mayor and aldermen, and shall forthwith make out bills June 14, 1841. for the same, and deliver them to the city treasurer for collection; and the said treasurer shall forthwith demand payment in writing, of the said bills, in the manner prescribed by law; and in case any bills or dues under this ordinance shall remain unpaid at the expiration of three months after demand for payment as aforesaid, the said treasurer shall cause the same to be collected, by a resort to the proper legal process. SECT. 12. It shall also be the duty of the mayor and Same duties to be performed in aldermen, to make assessments for all common sewers here- relation to common sewers tofore constructed by the city, the expenses of which have heretofore constructed. not already been assessed and collected, in the same man- Ibid. ner as it is made their duty by this ordinance to make assessments for those which may hereafter be constructed; and the said superintendent shall render all the services and perform all the duties, in regard to the common sewers heretofore constructed, the expenses of which have not already been assessed and collected, which he is herein required to render and perform in regard to those hereafter to be constructed. 860 SOLICITOR. ORDINANCE OF THE CITY.1 1. City solicitor to be chosen. His suits against the city. To apqualifications. pear before the legislature, and 2. His duties. committees thereof. To fur3. To commence and prosecute nish legal opinions. suits for the city. To defend 4. Salary. Expenses, &c. City solicitor to SECT. 1. In the month of June, annually, and whenbe chosen. y, His qualifica- ever a vacancy in the office shall occur, there shall be tions. April 29, 1846. chosen, by concurrent vote of both branches 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 commonwealth, 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. His duties. SECT. 2. It shall be the duty of said city solicitor, by Ibid. himself, or by some person by him duly authorized, for whose conduct, skill and faithfulness, 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 capacity, and which, by law, usage and agreement, the city is to be at the expense of drawing. To commence SECT. 3. It shall be the duty of said city solicitor to and prosecute suits for city. commence and prosecute all actions and suits to be commenced by the city before any tribunal in this common1 An ordinance providing for the appointment of a city solicitor, and prescribing his duties, passed April 29, 1846. SOLICITOR. 361 wealth, whether in law or equity; and also to appear in, To defend suits defend and advocate the rights and interests of the city, or agaist city. any of the officers of the city, in any suit or prosecution for any act or omission in the discharge of their official duties, wherein any estate, right, privilege, ordinances or acts of the city government, or any breach of any ordinance, may To appear before the legislature, be brought in question. And said solicitor shall also ap- and committees pear before the legislature of the commonwealth, or any committee thereof, whether 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 af: fected, 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 To furnish legal shall, when required, furnish the mayor and aldermen, the opilions. 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. In full compensation for all the services of Salary. Expenses, &c. said solicitor, he shall receive such salary as the city coun- Ibid. cil may from time to time fix and determine. In all cases, however, when his attendance may be required out of the city, his reasonable travelling expenses shall be allowed him; and in suits and prosecutions, he shall be entitled to receive and retain for his own use the legal taxable costs which may be recovered of the adverse party, where the city shall recover the same, according to the usage and practice of the courts. 46 362 STEAM ENGINES AND FURNACES. STATUTES. 6. Persons aggrieved by any or1. No furnace for melting iron, or der under ~ 2, may apply to steam engine for planing, &c., C. C. P. for a jury. or in which any other fuel than 7. An injunction to restrain the coal, is used, to be erected, &c., use of such engine, &c., may be without license. issued, on such application. 2. Mayor and aldermen, &c., to 8. Verdict of the jury, how found, prescribe rules, &c., as to fur- returned and accepted, and efnaces and engines previously feect thereof. erected or in use, in certain 9. Damages and costs, when and cases. in what manner to be awarded. 3. Engine or furnace hereafter 10. No steam boiler to be used, unerected without license, to be less provided with fusible safety deemed a common nuisance. plug, &c. 4. May be abated and removed by 11. Penalty for removing such mayor and aldermen, &c. plug, &c. 5. Proceedings on an application 12. Penalty for using steam boiler for a license. without safety plug. No furnace for i. No furnace for melting of iron, or stationary steam melting iron, or sao r steam engine for engine, designed for use in any mill for the planing or sawplaning, &c., or in which any ing of boards, or turning of wood in any form, or when any other fuel than coal is used, to other fuel than coal is used to create steam, shall hereafter be erected, &c. without license. be erected, or put up to be used, in any city or town in ]1845, 197, ~ 1. Accepted by city this commonwealth, unless the mayor and aldermen of council, April 21, * 849cil,.'April such city, or selectmen of such town, shall have previously (City Records, vol. 23, p. 122.) 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 application, and to be recorded in the records of such city or town. 1 Mayor and alder- 2. Whenever the mayor and aldermen of any city, or prescribe. rles, the selectmen of any town, after due notice in writing to &c., as to fur- the owner of any such steam engine or furnace erected, or 1 For provisions respecting furnaces for glass, see p. 143, ante. STEAM ENGINES AND FURNACES. 363 in use, previous to the passage of the act of 1845, and a nacesand engines prehearing of the matter, shall adjudge the same to be dan- viously erected or in use, in gerous, or a nuisance to the neighborhood, they may make certain cases. and record an order, prescribing such rules, restrictions and Ibid, ~ 2. alterations, as to the building in which such steam engine or furnace is constructed 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 copy thereof, and make return of his doings thereon to said clerk, within three days from the delivery thereof to him. 3. Any such engine or furnace hereafter erected, with- Engine or fir- C)~~~~~~~~~~ ~nace hereafter out license made and recorded as aforesaid in section first, erected without license, to be shall be deemed and taken to be a common nuisance, with- deemed a common nuisance. out any other proof thereof than proof of its use; and any Ibid, ~ 3. steam engine or furnace used contrary to the provisions of section second, shall be taken and deemed to be a common nuisance. 4. The mayor and aldermen of any city, or selectmen of May be abated and removed any town, shall have the same power and authority to abate by mayor and aldermen, &c. and remove any such steam engine or furnace erected or Ibid, 4. used contrary to the preceding provisions, as are given to See note 1, on the board of health, in the tenth and eleventh sections of i90, ante. the twenty-first chapter of the Revised Statutes. 5. Whenever application shall be made for license as Proceedings on an application aforesaid, the mayor and aldermen of any city, or selectmen for a license. of any town, shall assign a time and place for the consider- lbid, Q 5. ation of the same, and shall cause public notice thereof to be given at least fourteen days beforehand, in such manner as said mayor and aldermen or selectmen may direct, and at the expense of the applicant, in order that all persons interested may be heard before the granting of a license. 6. Any owner of a steam engine or furnace, aggrieved Persons aggrieved by any order by any such order, as provided in section second, may apply under ~, may apply to C. C. P. to the court of common pleas, if sitting in the county, in for a jury. which such engine or furnace is situated, or to any justice Ibad, 6. thereof in vacation, for a jury, and such court or justice 364 STEAM ENGINES AND FURNACES. shall issue a warrant for a jury to be impanelled by the sheriff, in the same manner as is provided in the twentyfourth chapter of the Revised Statutes, in regard to the laying out of highways; such application shall be made within three days after such order is served upon the said owner; and the said jury shall be impanelled within fourteen days from the issuing of said warrant. An injunction to 7. Upon any application to said court of common pleas, restrain the use of such or to any justice thereof, for a jury, said court or justice, engine, &c., in its discretion may be issued, on granting the same, may, in its or his discretion, issue an on such application. injunction restraining the further use of said engine or furIbid, ~ 7. nace, until the final determination of such application by the jury and court to which such verdict may be returned. Verdict of the 8. The jury shall find a verdict either affirming or anjury, how found, returned and nulling the said order in full, or making alterations therein, accepted, and effect thereof. as they may see fit: which verdict shall be returned to the Ibid, ~~ 8. next term of the said court by the sheriff for acceptance, 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. Damages and 9. If the verdict shall affirm such order, costs shall be costs, when and in what manner recovered by the city or town against such applicant; if to be awarded. Ibid, ~ 9. the verdict shall annul such order in whole, damages 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.1 No steam boiler 10. No person or corporation shall use, or cause to be to be used, unless provided used, any steam-boiler in this commonwealth, unless the with fusible safety plug, &c. same be provided with a fusible safety plug, to be made of 1850, 277, 1. lead, or some other equally fusible material, and to be of a diameter of not less than one-half an inch, which plug shall be placed in the roof of the fire-box, when a fire-box is 1 The statute of 1845, c. 197, ~ 10, provided that the preceding sections should not be in force in any town or city, unless the inhabitants of the town or the city council of the city, should adopt the same, at a legal meeting of said inhabitants or city council, called for that purpose. The city council of Boston accepted the same April 21, 1849. (City Records, vol. 23, p. 122.) STREETS. 365 used, and, in all cases, shall be placed in a part of the boiler fully exposed to the action of the fire, and as near the top of the water line as any part of the fire-surface of the boiler; and, for this purpose, it shall be lawful to use Ashcroft's " protected safety fusible plug." 11. If any person shall, without just and proper cause, Penalty for removing such remove from the boiler the safety plug thereof, or shall sub- plug. stitute therefor any material more capable of resisting the Ibid, ~ 2 action of the fire than the said safety plug so removed, he shall be punished by a fine not exceeding one thousand dollars. 12. If any person or corporation shall use, or cause to Penalty forusing steam boiler be used, in this commonwealth, for the space of six consec- without such safety plug. utive days, a steam-boiler unprovided with a safety fusible Ibid, Y 3. plug, as named in the tenth section, such person or corporation so offending, shall be punished by a fine not exceeding one thousand dollars.1 STREETS. STATUTES. doings may petition the court 1. Laying out and widening of common pleas for a jury. streets. Compensation for Trial. View. buildings removed. Compen- 7. Time for petition extended, in sation for land taken, &c. certain cases. 2. Discontinuance of streets, &c. 8. Several parties to go to the 3. Previous orders, &c., of select- same jury in certain cases. men confirmed. 9. Paving of streets and side4. Record of streets. walks. Gutters. Squares, &c. 5. County commissioners author- 10. Regulation of width and height ized to lay out, &c., highways. of sidewalks, and acceptance Mayor and aldermen have the thereof. same authority in Boston. 11. Owner to pave the sidewalk at 6. Any party aggrieved by their his own expense. Materials 1 Stat. 1849, c. 139, upon the same subject, was repealed by stat. 1850, c. 277, ~ 4. 366 STREETS. therefor. Individuals may ob- 2. Superintendent of streets. ject to paving, &c. 3. He may appoint assistants. 12. Canopy, balcony, platforms and 4. Superintendent to attend at his cellar doors. Penalty. office. To keep record, and 13. Posts. Trees. Porticoes, porch- books, &c. To make reports. es and bow-windows. Project- 5. To superintend streets, &c. ing signs. Penalty. City not responsible for his 14. Placing goods in the street. acts, unless, &c. Boxes, barrels, &c. Penalty. 6. Superintendent to have care of 15. How fines shall be distributed. city stables. Of cleaning streets, 16. Articles shall not be raised, for manure, house offal, &c. the purpose of storage, from 7. Penalty for digging up streets, any street, &c., into second &c. story, &c., except, &c. 8. Person so digging, to repair 17. City council may elect mayor the same, &c. and aldermen surveyors of 9. When drain or aqueduct is rehighways. paired, a fence and lights to be 18. Streets may be macadamized, put up. and same provisions shall ap- 10. Notice to be given of intention ply. to build. Regulations in such 19. Streets, laid out over private case. land, by the owners, how to be 11. Placing coal or firewood in graded. streets, regulated. 20. No street to be opened less 12. Playing at foot-ball, throwing than 30 feet wide, except, &c. stones and snow-balls. 21. Ways dedicated and opened 13. Shooting with bow and arrow shall not become chargeable forbidden. upon city, unless, &c. 14. Exposing gaming tables. 22. Entrances to such ways to be 15. Coursing or coasting upon closed up, &c. sleds. 23. City liable, unless notice is 16. Bathing in waters surrounding given. the city. 24. Abutters on such ways shall 17. Taking street dirt without liconstruct sidewalk. Otherwise, cense. the mayor and aldermen may 18. Obstructing street by moving construct the same at expense buildings. of abutters. Such expense 19. Suspending goods so as to proshall be a lien. Proviso. Ad- ject into street. ditional proviso. 20. Awnings and shades. 25. Right of gas company to sink 21. Projecting signs, lanterns, &c. pipes, &c., under the control of 22. Same subject. the mayor and aldermen. 23. Ringing bells or blowing horns. 26. Mayor and aldermen author- 24. Standing to grind cutlery. ized to lay out streets in con- 25. Projecting porches, doors, wintinuation of Broad and Com- dows, steps, &c. mercial streets. 26. Cellar doors and cellar door27. In continuation of Front street. ways. 28. Compensation for land, &c. 27. Steps descending from street to be enclosed and lighted. ORDINANCE. 28. Apertures under street, coal1. Streets to retain their names holes, &c. till altered. 29. Gratings in streets. STREETS, 367 80. Coal-holes and gratings may 39. Standing in a group so as to be authorized, &c. obstruct the passage. 31. Feeding animals in streets for- 40. Placing lumber, bales, &c., on bidden. sidewalks. 32. riding or driving faster than 41. Snow to be removed from side6 miles an hour, forbidden. walks by abutters. 33. Horses, kine, swine, &c., not to 42. To extend to snow falling from go at large. any building. 34. Surveyors of highways to reg- 43. Sidewalks encumbered with ice ulate the width and height of to be made safe, &c. sidewalks. May accept the 44. Ice or snow thrown into street same. to be broken up, &c. 35. After acceptance, &c., side- 45. Meaning of the word "street" walks to be maintained by the defined. city, provided, &c. 46. Who shall be liable to penal36. City clerk to keep record of ties. names of streets, and accept- 47. Acts forbidden to be done withance of sidewalks. out license, may be licensed 37. Carriages forbidden on side- 48. Rights and duties of surveyors walks, except, &c. of highways, not limited by 38. Sawing firewood on side- this ordinance. walks. 49. When to take effect. STATUTES. 1. Under a provision in the act of 1799, chapter 31, the Laying out and widening selectmen, (whose powers were afterwards transferred to the streets. 1799, 31, Q 3. mayor and aldermen by the city charter,) were empowered, 182,, 3. whenever in their opinion the safety and convenience of the inhabitants of Boston should require it, to lay out or widen any street, lane or alley of Boston; and for that purpose to remove any building or buildings of what nature soever. And it was further provided, that the owner or owners of Compensation such building should be entitled to receive compensation removed. for the damages which he or they might sustain by such removal, which damages should be ascertained, determined, and recovered in the way and manner pointed out in the act entitled "' An Act directing the method of laying out 1786, 67, repealhighways." That act provided for an estimation of such edbyReVStat damages by a committee of freeholders, appointed by the court of general sessions of the peace; with a privilege to any party aggrieved of applying to the court for a hearing before a jury, or a new committee. By an additional act, 1804, 73. passed March 4, 1805, the selectmen were in like manner 368 STREETS. empowered to lay out any new street, or to widen any street, lane or alley, and for that purpose to take any land that might be required for the same, and to remove any for land taken, building or buildings of what nature soever; and that the same street, lane and alley, being recorded in the town's books, should be thereby established as such; and that the owner or owners of the land or buildings that should be so taken or removed, should receive such recompense for the damages sustained, as the party interested and the selectmen should agree upon, to be paid by the town, or the individual person or persons for whose use such street, lane or alley should be laid out or widened, or as should be order11 Mass. 447. ed by the justices of the court of general sessions of the peace, upon an inquiry into the same by a jury to be summoned for that purpose, who should be drawn out of the jury box of the supreme judicial court of the town of Boston by the selectmen of said town, upon the application of the sheriff of the county of Suffolk, and if, by accident or challenge, there should happen not to be a full jury, said officer was to fill the panel de talibus circumstantibus; or by a special committee, if the parties should agree thereto.' Discontinuance 2. By an act passed December 13, 1816, the selectmen of streets, &c. 181e, 90, ~ 1. were, and in consequence, by the city charter, the mayor and 1821, 110, 13. aldermen are also empowered whenever in their opinion the safety or convenience of the inhabitants of the said city shall require it, to discontinue any street, lane or alley of the said city or to make any alteration in the same, in part or in whole; reserving however, in all cases, to individuals who may sustain damage thereby, recompense for the same, 1804, 73. to be ascertained and allowed in the same manner as is provided in the preceding act. Previous orders, 3. All orders, votes and determinations of the said se&c., of selectmen confirmned lectmen of the town of Boston, had and passed, previous to 1816, 90, ~ p. 1 The court of general sessions of the peace has since been abolished, and its functions in this and other matters transferred to the court of common pleas. (See Stat. 1782, 14; 1803, 154; 1807, 11, 57; 1809, c. 18; 1811, c. 81,93; 1813, 197; 1818, 120; 1819, 139; 1820, 79; 1821, 51,109; R. S. c. 82.) The provisions for the recovery of damages have been modified by subsequent statutes, as stated in the succeeding sections. See ~~ 5, 6, 7 and 8, pp. 369-372, post. STREETS. 369 the act of 1816, for the discontinuance of any street, lane or alley of said town, or respecting any alteration in the same, in whole or in part, shall be held and considered as good and valid to all intents and purposes, as if the said act of 1799, c. 31, had explicitly vested said authority in the said selectmen; reserving always to individuals recompense for damages sustained thereby, as is provided in the said act. 4. The selectmen were, and the mayor and aldermen Recordofstreets. are required to keep a record of all the streets, lanes and 1821, 110, ~ 13. alleys, and of all votes and proceedings relative to the same; and copies thereof, certified by the clerk, shall be valid to all intents and purposes. 5. By the twenty-fourth chapter of the Revised Stat- County commisutes, the authority to lay out, alter, and discontinue high- io(ers uothorizways, and to assess damages therefor, is given to the county R. higsta. a. commissioners; with a right to any party aggrieved to apply for a jury; and the method of proceeding is prescribed in detail. By the fifty-fourth section, it is provided that in Mayor and aldermen have the the county of Suffolk, the mayor and aldermen of the city same authority in Boston. of Boston shall, within the said city, have the like powers Ibid, l 54. and perform the like duties, as are exercised and performed id, 84, 9. by the commissioners of other counties, in respect to the laying out, altering and discontinuing of ways, and assessing damages therefor, except as is provided in the following section. 1 1 Whether the authority of the mayor and aldermen to lay out and widen streets depends upon the Revised Statutes, c. 24, ~ 54, or upon stat. 1799, c. 31, ~ 3, stat. 1804, c. 73, and stat. 1821, c. 110, ~ 13, (City Charter) appears to be an open question. The practice has been to proceed upon the latter statutes. Upon this point see Stone v. City of Boston, (2 Mete. 220), Parks v. City of Boston, (8 Pick. 218), Commonwealth v. City of Boston, (16 Pick. 442), Goddard's case, (16 Pick. 504.) The mayor and aldermen cannot legally lay out a street, without first giving to all persons interested notice of their intention so to do. Stone v. City of Boston, (2 Mete. 220.) Where the mayor and aldermen laid out a street over land belonging to minors without giving any previous notice, and without making any estimate of the amount of damage thereby sustained by the owners, and more than a year elapsed before either of the owners came of age; a writ of certiorari was ordered, on a petition filed by one of the owners, at the first term after he came of age, although notice had been given to the tenant 47 370 STREETS. Any party ag- 6. When any party shall be aggrieved by the doings of grieved may petition,.c..Pleas, the said mayor and aldermen, in the cases mentioned in the for a jury. Ibid, 24, 55. preceding section, he may apply for a jury, by petition to the court of common pleas, within and for the county of Suffolk, at any term of said court that shall be there held, within one year after the laying out, altering or discontinuing of any way in said city, and not afterwards; and thereupon the said court shall, after due notice to the said Trial. city, order a trial by jury to be had in the case, at the bar of said court, in the same manner, in which other civil causes are there tried by the jurors there returned and emView. panelled; and if either party request it, the jury, to whom the cause may be committed, shall view the place in question. 2 in possession to remove the buildings from the land, and he had communicated that notice to the guardian of said minors, within a year after the street was thus laid out. Ibid. See also Parks v. Mayor and Aldermen of the City of Boston, (8 Pick. 218.) Where the mayor and aldermen shall adjudge that the laying out or altering of a street is required by public safety and convenience, their ha — ing taken a bond from an individual to contribute towards the expense will not vitiate their proceedings, provided the bond was not made the basis of their proceedings, and the adjudication was not colorably for the use of the city, and really for the benefit of the individual. Ibid. See also Crockett v. City of Boston, S. J. C. Nov. T. 1850. Where parties, interested in the alteration of a street or highway, had actual notice of the proceedings, and attended, and were heard concerning them, and have acquiesced therein for many years, a writ of certiorari to remove those proceedings will not be granted, merely because it does not appear that they had the official notice prescribed by law, nor because one of them was non compos mentis, and had no guardian. Hancock v. City of Boston, (1 Metc. 122). 1 But see the succeeding section. 2 Where part of a lot of land under lease is taken by the mayor and aldermen for the purpose of widening a street, the lease is not thereby extinguished: nor is the lessee discharged from his liability to pay the reserved rent during the residue of the term. But the lessor and lessee are each entitled to recover compensation for the damage so sustained by them respectively. Parks v. City of Boston, (15 Pick. 198). Where land is taken by the mayor and aldermen for the purpose of widening a street, it is to be estimated at its value at the time of the taking, in the assessment of damages. Ibid. Where a jury empanelled in the C. C P. to assess the damages sus STREETS. 371 7. By a subsequent statute, it is enacted, that in all Time forpetition extended, il cercases, where any suit shall hereafter be brought, wherein tain cases. 1849, 200. the validity or legal effect of the proceedings of the mayor and aldermen, in respect to the laying out, altering or discontinuing of any way, which laying out, altering or discontinuing, shall take place after the passage of said statute shall be drawn in question, the time limited for applications for a jury to assess the damages shall be so far extended, that such application may be made at any time within one year after the final determination of any such suit; protained by the owner of such land, under Stat. 1821, c. 109, ~ 8. by which the jurisdiction of the court of sessions in the county of Suffolk, in such case, is transferred to that court, have viewed the land, the jurors may exercise their own judgment and knowledge of like subjects, in estimating the damages: but it seerrs, that if a juror has knowledge of any fact, bear. ing upon the case, he must disclose and testify to it, in court. Ibid. Under Stat. 1820, c. 79, ~ 5, a bill of exceptions lies to the instructions and rulingsof the C. C. P. upon such trial. Ibid. Where the lessee of a store in Boston was prohibited, under certain penalties, by the terms of the lease, from making any alterations in the store without the consent of the the lessor, and subsequently to the execution of the lease, the street was widened by the city authorities, it was held, that the city was not responsible to the lessee, for any damage occasioned by a delay on the part of the lessor to give his consent to the alterations rendered necessary by the widening of the street. Brooks v. City of Boston, (19 Pick. 174.) In an action for damages brought, in such case, by the lessee against the city, evidence that his sales were less during the time when the street, as widened, was being fitted for use, than in the corresponding season of the next year, after the alteration had been completed, is not admissible, unless it is connected with other evidence tending to show that the diminution of business was in fact occasioned by operation of widening the street. Ibid. A city or town is not responsible in damages for the inconvenience and loss of business occasioned to the abutters on a street, by incumbrances and obstructions placed in the street for the purpose of repairing it, or by opening a common sewer in the street. Ibid. The complainant took a lease of a store in the city of Boston, for three years, covenanting to pay the rent and to leave the premises in good repair at the end of the term, and the lessor reserving a right to enter and make improvements. The front part of the land was taken, and the front wall of the building was cut off by the city, for the purpose of widening the street. It was held, that this act of the city did not put an end to the term, nor release the lessee from his covenants to pay rent and make repairs. Patterson v. City of Boston, (20 Pick. 159.) 872 STREETS. vided, that such suits shall have been brought within one year from the time of such laying out, altering or discontinuance. Several parties 8. In the said county of Suffolk, whenever there shall be to go to the same jury, in certain several parties, having several estates or interests, at the cases. Rev. Stat. 24, same time, in any land or any buildings thereon, within the city of Boston, and the said land or buildings shall be taken or otherwise damaged, in whole or in part, by the laying out, altering or discontinuing of any highway or town way, and any one of such parties shall make application, by petition Whether the erection of a new wall on the new line fixed for the street, was in the nature of a reparation which the lessee's covenant bound him to make, or whether it was not rather an addition or improvement, qucere. Ibid. But the lessee, in the first instance, and if he decline, the lessor, had a right to build such wall, and the expense of it is a proper item of claim for damages against the city. Ibid. Whether the lessee has built such wall himself, or paid the lessor for building it, does not affect his claim for damages against the city, unless the lessor built it on his own account, and received remuneration from the city; in which case he was not entitled to recover the amount from the lessee, and the city is not to be charged a second time for the same damage. Ibid. The damage sustained by the lessee in being deprived of the use of his store, and for which he is entitled to recover of the city, is to be computed for such time as would be reasonably necessary to remove his goods and make the repairs and remove back again: and the loss or the value of the store to him for that period, and not the rent and taxes specifically, is the measure of his indemnity. Ibid. The lessee is also to be remunerated for the diminished value of the premises caused by the taking of part, for the residue of the term he continuing to pay at the same rate the rent and taxes. Ibid. It seems he is not entitled to damages for loss of custom, occasioned by his being obliged to occupy a less advantageous place of business while the repairs are making. Ibid, In estimating the damages sustained by an individual by reason of his land being taken for public use, the jury may rightfully be influenced by their general knowledge and experience of like subjects, as well as by the testimony and opinion of the witnesses. Ibid. Soon after the commencement of a lease for three years, of a warehouse or store in Boston, in which lease the lessee covenanted to pay the rent during the term, and to leave the premises in good repair, the city took the front part of the land on which the building stood, and cut down the front wall, for the purpose of widening the street. The building remained in this condition about two years, when the lessor took it down, and erected a new store on the same site, but diminished by the strip of land taken by STREETS. 373 to the court of common pleas, for a jury to ascertain his damages, as provided in the like cases in the 24th chapter of the Revised Statutes, the said court shall order the petitioner to give the like notice, as is required in the like cases before the commissioners of other counties, to all the other parties interested, to appear at the next term of the said court, and become parties to the proceedings under the said petition; and at the said next term, or at any'succeeding term, as the court may direct, the said parties shall all be heard by the same jury, at the bar of the court, in such manner as the court shall direct; and thereupon the like proceedings shall be had, in the estimation of damages, the returning of the verdict, and the adjudication of the court thereon, as are in said chapter required to be had on verdicts in the like cases, returned to the court of common pleas in other counties. 9. By the act of 1799, chapter 31, ~ 1, it was pro- Paving of streets and sidewalks, vided that all streets in Boston should be paved agreeably 1799, 31, 1. to the following regulations, viz: The foot path or walk on. each side of every street, shall be of the breadth of one the city. Before the wall was taken down, the lessee removed into another store, and remained there until the new one was erected, when he removed back to the new one. In a complaint by the lessee against the city for damages, it was held, that the plaintiff was entitled to recover the expenses of removing his goods from and back to his original place of business, and for the loss of earnings for the few days occupied in such removals, and a reasonable sum for the rent of another store for so long a time as would reasonably have been required for putting up a new front wall: (or, if he had suspended his business, that he might have recovered for the loss of earnings during a reasonable time for rebuilding the wall:) that he had a right forthwith to rebuild the wall, carrying it up to the roof, and if he had done so, inasmuch as he could not have compelled a contribution from the lessor, he would have been entitled to recover the whole cost from the city; but that, as in fact he did not put up the wall, but left the lessor to make his full claim of damages on the city, he could recover only such proportion of the estimated expense, as his interest, (regard being had to the portion of the store occupied by him and the time which his lease had to run,) bore to the value of the whole estate. Patterson v. City of Boston. (23 Pick. 425.) For provisions respecting the recovery of damages for the raising or lowering of highways, see Rev. Stat. c. 25, ~ 6. See also Brown v. Lowell, (8 Mete. 172.) 374 STREETS. sixth part of the width of the whole street, and shall be laid or paved with bricks or flat stones, and secured with a beam or cut stone along the out side thereof: and the middle or remaining four-sixths of every street, shall remain as a passage-way for carriages of burden or pleasure; and shall Gutters. have a gutter on each side thereof, or otherwise,as the surveyors of highways in the said town shall determine; and shall be paved with good and sufficient paving stones: provided, always, that if in any street so to be paved, the sides shall not exactly range, the gutter or outside of the foot walk shall be laid out as nearly in a straight line, as the street Squares, &c. will admit of; and in all squares, and other large open spaces, and in all streets the breadth of which shall not conform to this law, the breadth of the foot walk, and the ascent and descent, and the crowning of the pavement in every street, shall be regulated by the surveyors of highways. Regulation of 10. The provisions of the preceding section were essenwidth and height of sidewalks, tially modified by the act of 1833, c. 128, which provided, and acceptance that the city council of the city of Boston, may from time 1833, 128. to time, by any ordinance or ordinances, empower the surveyors of highways of said city so to regulate the width and height of the sidewalks of any public squares, places, streets, lanes or alleys, in said city, as shall, in the judgment of said surveyors, be most conducive to the convenience and interest of said city, any law of the commonwealth to the contrary notwithstanding; and may also empower said surveyors to accept such sidewalks, after the same shall be put in good and perfect repair by the abutters on said squares, places, streets, lanes and alleys, and after the same shall have been relinquished in writing to the said city by such abutters; and may also order, that, after such relinquishment, such sidewalks may be maintained at the expense of said city. 1 Owner to pave 11. Where the cartway in any public street shall be the sidewalks at his own expense. ordered to be paved, every owner of the lot or lots of ground 1799, 31, Q 2. upon such street shall, without delay, at his own cost, cause 1 See the ordinance of the city in relation to streets, ~ 34, p. 391,post. STREETS. 375 the footway in front of his ground to be paved with bricks Materials thereor flat stones, and kept in repair; and in paving or repair- fsos,28, ~ 1. ing the pavement of any street, no person shall place timber or wood in front of his or her house or lot, to support the foot walk, but the same shall be supported with hammered or cut stone; the same to be done under the direc- 1799, 31, ~ 2. tion of, and to the approbation of the surveyors of highways; and if the owner or owners of such lots shall neglect to pave with bricks or flat stones and to support the footway, for the space of twenty days after he, or the tenant of such lot, or the attorney of the said owner or owners, shall have been thereto required by any of the surveyors of highways, then it shall be lawful for the said surveyors of highways, and they are enjoined and required, to pave the said footways with brick or flat stones, and to support and to defend the same, and to repair the same; and shall recover the whole amount thereof by action of the case to be brought by the surveyors of highways, before any court proper to try the same: provided, nevertheless, that in all Individuals may object to paving, cases where applications may be made for new paving of &c. streets, any individuals who may be affected thereby, may make their objections to the mayor or aldermen, or surveyors of highways, who are directed to take them into considertion while deliberating on the expediency of said application, and to pave the same at the expense of said town, whenever they shall think it expedient. 1 12. No canopy, balcony, platform or cellar door, or Canopy, balcony, platforms step, in any street, lane, or alley in the city of Boston, shall and cellar doors. project into such street, more than one-tenth part of the lbid, 4. width of the street, and in no case more than three feet; and all cellar doors hereafter to be made or repaired, shall be built with upright cheeks, and shall not project from the line of the house, more than six inches; and if any propri1 This section originally contained a provision, " that where there are any vacant lots of land in any such streets, the surveyors of highways may, at their discretion, allow the owner or owners thereof to cover the foot-path with planks, which shall be removed, and the brick, or flat stone pavement shall be completed, whenever it may become necessary in the judgment of said surveyors;" but this provision would appear to be repealed by stat. 1809, c. 28, ~ 1, as incorporated in the section in the text. 376 STREETS. Penalty. etor or owner of any such canopy, balcony, platform, or cellar door, or steps, shall refuse or neglect to remove or take down the same, within five days after notice and direction given him or them by the surveyors of highways, or any person empowered by them to that purpose, such owner or proprietor, shall forfeit and pay the sum of two dollars, for each and every day the same shall remain after the expiration of the said five days. Posts. 13. No post shall be erected or set in any of the streets Ibid, ~ 5. of the said city of Boston, except at the corners or intersection of two streets, and in such other places as the surveyors of highways may authorize and direct, and the said surveyors may remove the same; and no person shall plant any Trees. tree in any street of the said city of Boston, without leave first obtained from the surveyors of highways, who shall have power to remove the same:1 and no person shall in Porticoes, future make, erect, or have any portico or porch, any bow porches and bow windows. window, or other window, which shall project into the streets of the said city of Boston, more than one foot beProjecting signs. yond the front of his or her house; or hang any sign, or any goods, wares, or merchandize, which shall project into the street more than one foot beyond the front of his or her Penalty. house or lot; and if any person shall hereafter offend against this provision, every person so offending, shall forfeit and pay the sum of one dollar for each and every day, such portico or porch, bow window, or other window shall be continued, after notice given to him by the surveyors of highways, or by any person by them authorized to that purpose. Placing goods in 14. If any person or persons shall continue to place in the street. Ibid, s 6. the street, contrary to the meaning of this act, any goods, wares, or merchandizes, it shall be lawful for the surveyors of highways of the said city of Boston, or any person empowered by them, to remove such goods, wares, and merchandizes, and to keep them in safe custody; and the proprietor or owner of such goods, wares, and merchandize, 1 A portion of this section, in relation to carriages and wheelbarrows, was repealed by stat. 1847, c. 224, ~ 3. STREETS. 377 shall not have the same goods restored, until he or they shall have paid to the person or persons so removing them, all expenses of removing and storing them, and a reasonable compensation for the time so employed in their removal, as well as the fine aforesaid: and if any person shall place Boxes, barrels, or pile any empty boxes, barrels, hogsheads, or other conveniency capable of containing goods or merchandize, or that may have contained goods or merchandize, in any part of the streets of the said city of Boston, more than five minutes after notice given to remove the same, such person Penalty. shall forfeit and pay the sum of two dollars, for each and every such offence, to be recovered by action of debt, by the surveyors of highways, before any justice of the peace in the said county.' 15. All the forfeitures and fines which may be recov- How fines shall be distributed. ered in pursuance of the five preceding sections, shall go Ibid ~ 8. and be distributed, one moiety thereof to the poor of the city of Boston, and the other moiety to the surveyors of highways.2 16. No person shall raise up from any street, wharf, or Articles shall not be raised, for the place of public resort, within the city of Boston, for the purposeof storage, from any purpose of storing the same, any cask, bale of goods, or street, &c., into second story, other articles of merchandize, into the second or any higher &c, except, &c. story of any house, store, or other building, upon or adjoin- 18l, 910, 134. ing the same, and on the outside of such buildings; and no person shall deliver, from the second or any higher story of any house, store, or other building, on the outside of the same, which shall adjoin upon any street, wharf or place of public resort, within the said city of Boston, any cask, bale of goods, or other article of merchandize, except at such times and places, and under such restrictions and limitations, as the mayor and aldermen for the time being shall, by writing, authorize and direct. And every person who 1 By Rev. Stat. c. 87, ~ 11, it is provided, that the justices court for the county of Suffolk shall have and exercise, exclusively, the same jurisdiction in all civil actions in the county of Suffolk, that is exercised by justices of the peace in other counties. 2 The 7th section of stat. 1799, c. 31, was repealed by stat. 1847, c. 224, ~ 3. 48 378 STREETS. shall offend in manner aforesaid, shall forfeit and pay to the commonwealth, for each and every such offence, a sum not exceeding one hundred dollars, nor less than ten dollars, to be recovered by indictment in the municipal court for the city of Boston, with costs of prosecution: provided, that this shall not be construed to extend to the raising any materials or other articles which may be necessary in erecting, repairing or taking down any building within the said city of Boston, or for the convenience thereof, or for removing any merchandize or other article in case of danger by fire, or other inevitable casualty. City council 17. The city council of the city of Boston, shall have the may elect mayor and aldermen power and authority of electing, if they see fit, the mayor surveyors of highways. and aldermen of said city, surveyors of highways for said 1823,2. city, any thing in the act establishing the city of Boston to the contrary notwithstanding.1:Streets may be 18. The surveyors of highways of the city of Boston, macadamized, andsame pro whenever they shall judge it expedient, may order any visions shall apply. street of said city to be macadamized; and the several pro1831, 17. visions of an act entitled, "An act to regulate the paving of streets in the town of Boston, and for removing obstructions in the same," passed on the twenty-second day of June, in the year of our Lord one thousand seven hundred and ninety-nine, and of the several acts in addition thereto, shall be deemed and taken to apply to streets ordered to be macadamized, as well as to streets ordered to be paved in said city, and the macadamizing of any of said streets shall, to all intents and purposes of said several acts, be deemed equivalent to the paving of the same, and shall create the same liabilities in all respects, under the said several acts, as would be created under them by the paving of such streets. Streets, laid out 19. When any street or way, which now is, or hereafter over private p land, by the shall be opened in the city of Boston, over any private land, owners, how to be graded. by the owners thereof, and dedicated to, or permitted to be 1845, 236, ~ 1. used by the public, before such street shall have been ac1 For general provisions respecting surveyors of highways, see Rev. Stat. 15, ~ 81-84; c. 24: 25; and 1839, c. 144. STREETS. 379 cepted and laid out according to law, it shall be the duty of the owners of the lots abutting thereon, to grade such street or way at their own expense, in such manner as the safety and convenience of the public shall, in the opinion of the mayor and aldermen of said city, require; 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 aldermen to cause the same to be graded as aforesaid, and the expense thereof shall, after due notice to the parties interested, be equitably assessed upon the owners of such abutting lots, by the said mayor and aldermen, in such proportions as they shall judge reasonable; and all assessments so made shall be a lien upon such abutting lands, in like manner as taxes are now a lien upon real estate: provided, always, that nothing contained in this act shall be construed to affect 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. 20. No street or way shall hereafter be opened as No street to be opened less than aforesaid in said city, of a less width than thirty feet, ex- 30 feet wide, except, &c. cept with the consent of said mayor and aldermen, in writ- Ibid, 2. ing, first had and obtained for that purpose.i 21. No way heretofore opened and dedicated to the Ways opened and dedicated public use, and not already become a public way, and no shall not become chargeable upon way hereafter opened and dedicated to the public use, shall city, unless, &c. 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. 1 This act, which was passed March 26, 1845, was to take effect in thirty days from the passing thereof, unless the city council of said city should within that time, vote not to accept the same. No such vote appears to have been passed. 380 STREETS. Entrances to 22. It shall be the duty of the mayor and aldermen of such ways to be closed up, &c. each city, and of the selectmen of each town in this commonwealth, and they are hereby authorized and required, whenever, and so long as the public safety may demand it, to direct and cause the entrances of all the ways aforesaid, entering on and uniting with any existing public way, to be closed up, or, by other sufficient means, to caution the public against entering upon such ways. City liable, un- 23. In case any city or town shall not close up the enless notice is given. trances 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 duly laid out and established. Abutters on 24. When any street or way, which now is,1 or hereafsuch ways shall construct side- ter shall be opened, in the city of Boston, over any private walk. 1849, 33. land, by the owners thereof, and dedicated to, or 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 lots abutting thereon, to construct convenient sidewalks on each side of such street or way, at their own expense, in such manner as the safety and convenience of the public shall, in the opinion of the Otherwise, the mayor and aldermen of said city, require; and if the mayor and aldermen may owners of such abutting lots shall, after reasonable notice construct the same at expense given by the said mayor and aldermen, neglect or refuse to of abutters. construct said sidewalks in such street or way, in manner aforesaid, it shall be lawful for the said mayor and aldermen to cause the same to be constructed as aforesaid; and Such expense the expense thereof shall, after due notice to the parties interested, be equitably assessed upon the owners of such abutting lots, by the said mayor and aldermen, in such proportions as they shall judge reasonable; and all assessments so made shall be a lien upon such abutting lands, in like Proviso. manner as taxes are now a lien upon real estate; provided, always, that nothing contained in this section, shall be con1 The grammatical construction of this part of the statute does not appear very clear. STREETS. 381 strued to affect any agreement heretofore made respecting any such street or way, as aforesaid, between such owners and said city; provided, also, that any such constructing of Additional sidewalks in any street or way, by the mayor and alder- proviso men, as aforesaid, shall not be construed to be an acceptance of such street or way by the city of Boston. 1 25. The Boston Gas Light Company, with the consent Right of gas company to sink of the mayor and aldermen, shall have power and authority pipes, &c., under the control of to open the ground in any part of the streets, lanes and the mayor and aldermen. highways, in the city, for the purpose of sinking and re- 1822, 41, s 3. pairing such pipes and conductors as [it] may be necessary to sink for the purpose expressed in the act incorporating said company. And the said corporation, after opening the ground in the said streets, lanes or highways, shall be held to put the same again in repair, under the penalty of being prosecuted for a nuisance; provided, that the said mayor and aldermen for the time being shall at all times have the power to regulate, restrict and control the acts and doings of said corporation, which may, in any manner, affect the health, safety or convenience of the inhabitants of said city. 2 26. By an act passed March 26, 1833, the mayor and Mayor and aldermen authorized aldermen of the city of Boston were authorized to lay out a to lay out streets, in continuation new street, in continuation of Broad street, beginning at or of Broad and Commercial near the then easterly end of said Broad street, and thence streets. running partly over the margin of Fort Hill, and over other 1833, 185, 1. land near the harbor of Boston, to a point, at or near the place 1 This act, passed April 23, 1849, was not to take effect, if, within thirty days from the passage thereof, the city council of said city should vote not to accept the same. For further general provisions respecting streets and highways, see Rev. Stat. c. 24, 25, 27, ~ 1; stat. 1836, c. 278; 1837, c. 164; 1838, c. 30; 1839, c. 76, 90, 144; 1841, c. 105; 1842, c. 46, 86; 1843, c. 70; 1846, c. 222; 1847, c. 254; 1848, c. 98, 123, 192; 1850, c. 5. By Rev. Stat. c. 2, ~ 6, clause sixth, in the construction of all statutes, the word " highway" may be construed to include county bridges; and it shall be equivalent to the words " county way," " county road," and "common road." 2 A similar provision is inserted in subsequent acts of incorporation of gas companies. See 1846, c. 36; 1847, c. 21; 1850, c. 202. 382 STREETS. where Summer street meets Sea street; and also to lay out a new street extending from the then termination of Commercial street, near Lewis's wharf, so called, to the marine railway on Ann street. And the said streets were directed to be laid out respectively, of such widths, in such directions, and through and over such docks, then used for the purposes of navigation, as the public safety or convenience of the inhabitants of said city should, in the opinion of said mayor and aldermen, require. In continuation 27. By an act passed March 11, 1834, the mayor and of Front street. 1834, 65, ~ 1. aldermen of the city of Boston were authorized to lay out a new street, in continuation of Front street, beginning at or near the southerly end of said Front street, and thence running in a south-westerly direction over the tide waters to Northampton street. And said street was required to be laid out in such direction, and through and over such docks and flats, as the public safety or the convenience of the inhabitants of said city should, in the opinion of said mayor and aldermen, require.1 Compensation 28. It was provided by the said acts, that the owner or for land, &c. Ibid, 2. owners of any building, wharf or other erection which might 183385 be removed, and of any land or flats which might be taken for said streets, should be entitled to receive compensation for the damages occasioned thereby. ORDINANCE OF THE CITY.2 Streets to retain SECT. 1. The several streets in the city shall continue their names till altered. to be called and known by the names given to them reSept. 30, 1850. spectively, by the selectmen of the town of Boston, the 1 See " An act to incorporate certain Persons for the Purpose of making a Street from Rainsford's Lane, in the Town of Boston, to the Bridge proposed to be built from, at or near the Town's Landing to Dorchester Neck," 1803, c. 114, 3 Special Laws, p. 375; and two acts in addition thereto, viz. 1804, c. 3, ibid, p. 442, and 1805, c. 92, 4 Special Laws, p. 28. 2 An ordinance in relation to streets, passed September 30, 1850. STREETS. 383 mayor and aldermen of the city, or the city council, until the same shall be altered by the mayor and aldermen. SECT. 2. There shall be chosen, annually, in the month Superintendent of streets. of January or February, and whenever a vacancy occurs, Ibid. by concurrent vote of the two branches of the city council, a superintendent of streets, who shall hold his office until a successor is appointed, or he is removed. He shall be removable at the pleasure of the city council, and shall receive such compensation as the said council may from time to time determine. SECT. 3. The said superintendent is authorized to ap- He may appoint an assistant. point an assistant, to act under his control and direction, Ibid. who shall be approved by the mayor and aldermen, and who shall receive such compensation as the city council may from time to time determine. The said assistant may be removed at any time by the said superintendent, or the mayor and aldermen. SECT. 4. The said superintendent shall attend at his Superintendent to attend at his office a portion of each day. He shall keep a record of all office. To keep record, his proceedings, and a set of books, in which shall be and books, &c. Ibid. entered, under appropriate heads, the receipts and expenditures in his department, with the names of all persons who have furnished materials, and of all workmen, and the amount paid to each individual; and he shall make a quar- To make reterly report thereof to the city council. On or before the ports. tenth day of January, annually, he shall make a report to the city council, containing a general statement of the expenses of his department during the preceding year, the amount expended on the various streets, and such other information as he may consider desirable, together with an estimate in detail of the property under his charge belonging to the city. SECT. 5. It shall be the duty of the said superintend- To superintend streets, &C. ent, under the direction and control of the mayor and bieid.ts &c aldermen, or the surveyors of highways for the time being, to superintend the general state of the streets; to attend to the laying out, widening, elevation and repairs of the same, and to make all contracts for the supply of labor and materials therefor; to give notice to the mayor or the city 384 STREETS. marshal, of any nuisance, obstruction or encroachment City not respon- thereon. And the city shall not be responsible for any of sible for his acts, unless, &c. his doings that have not been ordered by the city council, the mayor and aldermen, or the surveyors of highways, or sanctioned by express vote. Superintendent SECT. 6. The said superintendent, under the direction to have care of city stables. and control of the mayor and aldermen, shall have the care Ibid. Of cleaning and superintendence of the city carts and stables, and shall streets, manure, make all necessary arrangements for cleaning the streets, house offal, &c. disposing of manure, and removing house dirt and house offal. Penalty for dig- SECT. 7. No person or persons shall break or dig up, ging up streets, & c. or assist in breaking or digging up, any part of any street, or remove any gravel or other similar thing therefrom, without having first obtained the license of the mayor and aldermen, in writing, or of some person by them authorized for that purpose, under a penalty of not less than five nor more than twenty dollars; and a like sum for every day that he shall neglect or refuse to repair the same to the satisfaction of the mayor and aldermen.' Persons so dig- SECT. 8. Whosoever shall, by virtue of such license, ging, to repair the same, &c. break or dig up, or cause to be dug or broken up, any part Ibid. of any street, shall, within such time as the mayor and aldermen, or some person by them authorized, may order, cause the same to be repaired and amended, to the satisfaction of the mayor and aldermen, under a penalty of not less than five dollars, nor more than twenty dollars, for each and every day he or they shall neglect or refuse so to do, after such order. When drain or SECT. 9. When any drain or aqueduct shall be opened aqueduct is repaired, a fence or laid, or any aperture shall be made, in any street, the and lights to be put up. person or persons, or either of them, by or for whom the Ibid. said drain or aqueduct shall be opened or laid, or such 1 By Rev. Stat. c. 27, ~ 1, it is provided that if any person shall dig or break up the ground in any highway, street or lane, in any town, for the laying, altering or repairing of any drain, or common sewer, without the consent of the selectmen, in writing, he shall forfeit the sum of five dollars for each offence, to the use of the town, to be recovered by the treasurer thereof. STREETS. 385 aperture made, shall cause a rail or other sufficient fence to be placed and fixed, so as to enclose such drain, aqueduct, or other aperture, and the dirt, gravel, or other material, thrown into the street, as aforesaid; and such fence shall be continued during the whole time such drain, aqueduct or aperture shall be open. And a lighted lantern, or some other proper and sufficient light, shall be fixed to some part of such fence, or in some other proper manner, over or near such open drain, aqueduct or aperture, and the dirt, gravel or other material taken from the same, and so kept from the beginning of the twilight of the evening through the whole of the night, and shall be continued every evening and night, during all the time such drain, aqueduct or aperture shall be open, or in a state of repair; and whosoever shall be guilty of a breach of any part of this section, shall be liable to a penalty for each offence, of not less than five nor more than twenty dollars. SECT. 10. Every person intending to erect or to repair Notice to be Zn L -VId V L given of intenany building upon land abutting on any of the streets, shall tion to build,&c. Ibid. make the same known to the mayor and aldermen, who shall have power and authority to allot such-portion of the street, thereto ailjoining, as they or some person duly authorized shall deem expedient and necessary. And the Regulations in part or portion so allotted, if any, and no other part of said street, shall be used for laying all the materials for any such building or repairing, and for receiving the rubbish arising therefrom. And all the rubbish arising therefrom or thereby, shall be carried away by the person or pers;)ns so building or repairing, at such convenient time as the mayor and aldermen, or other person by them authorized as aforesaid, maay direct; and in case of neglect or refusal so to do, it shall be removed by the superintendent of streets, or other person authorized as aforesaid, at the expense of such person or persons. And, in all cases, the portion so allotted shall be enclosed and lighted as prescribed in the preceding section. Every person offending against any of the provisions of this section, shall be liable to a penalty for each offence, of not less than five nor more 49 386 STREETS. than twenty dollars, and a like sum for every day such offence shall be repeated or continued. And such portion of the street allotted as aforesaid shall not be used more than thirty days, on one application. Placing coal or SECT. 11. Neither the purchaser nor seller of any coal firewood in streets, regu- or firewood shall place or permit any such coal or firewood lated. Ibid. to remain in any street, more than thirty minutes after sunset in the evening; nor shall any greater quantity than two loads of such wood or coal, in any case, be permitted, either by the purchaser or seller, or other person having the charge thereof, to lie or continue in any street. Nor shall any purchaser, or seller or other person as aforesaid, permit any such wood or coal, at any time, by day or night, to remain in any street, so as unnecessarily to obstruct the passage in the same, nor more than two hours in any case. Whosoever shall be guilty of a breach of any of the provisions of this section, shall be liable to a penalty for each offence of not less than three dollars, nor more than twenty dollars. Playing at foot- SECT. 12. No person shall play at football, or throw ball, throwing stones anl stones or snowballs, y of the streets, or throw snowballs. Ibid. stones on the common, or in any of the public squares, under a penalty for each offence of not less than one dollar nor more than twenty dollars. Shooting with SECT. 13. No person shall shoot with, or use a bow and bow and arrow forbidden. arrow, in any street, or on the common, or in any of the Ibid. public squares, under a penalty of not less than one nor more than twenty dollars. Exposing gam- SECT. 14. No person shall expose, in any street, or on ing tables. Ibid. the common, or in any public square, any table or device of any kind whatsoever, upon, or by which, any game of hazard or chance can be played; and no person shall play at any such table or device, or at any unlawful game, in any street, or on the common, or in any public square, under a penalty of not less than ten dollars nor more than twenty dollars for either of the said offences. Coursingor SECT. 15. Whosoever shall course or coast upon a sled coasting upon sleds. in any street, shall forfeit and pay for each offence a sum Ibid. STREETS. 387 not less than one dollar, nor more than twenty dollars, to be paid by each offender respectively. SECT. 16. No person shall swim or bathe in the waters Bathing in waters, surroundsurrounding the city which are adjacent to any of the ingthecity. Ibid. wharves, bridges, avenues or railroads leadino into the same, so as to be exposed to the view of the spectators, under a penalty of not less than four nor more than twenty dollars for each offence. SECT. 17. No person shall take any quantity of street Taking street dirt vwithout dirt or manure, collected from any street, without the li-lense. cense of the mayor and aldermen first obtained, under a penalty for every offence of not less than three nor more than twenty dollars. SECT. 18. NO person shall obstruct any street, or any Obstructing street by movpart thereof, by placing therein any house, barn, shop, or ing buildings. other building; and no person shall remove or draw Ibid. through or upon any street, any house, barn, shop or other building, without the permission of the mayor and aldermen. Any person offending against either of the provisions of this section, and any person who shall aid and assist in so offending, shall be liable to a penalty of not less than ten nor more than twenty dollars, and of a like sum for every twelve hours that the said obstruction shall continue, or that the said house, barn, shop or other building, shall remain in or upon any street. 1 SECT. 19. NO person shall place, or cause to be placed, Suspending goods, so as to or shall suspend or cause to be suspended, from any house, project into shop, store, lot or place, over any street, any goods, wares Ibid. or merchandize whatsoever, or any other thing, so that the same shall extend or project from the wall or front of said house, store, shop, lot, or place, more than one foot towards, or into the street, under a penalty of not less than three nor more than twenty dollars for every offence. SECT. 20. It shall be lawful to place, or continue to Awnings and maintain, awnings and shades before any house, shop or Ibid. store in any street, upon the terms and under the regulations mentioned in this section, and not otherwise; provided, 1 See the case of Pike v. Brimmer, (9 Law Reporter, 221.) 388 STREETS. that the mayor and aldermen, as to particular buildings or streets, may order that no awnings or shades shall be erected. Such awnings and shades shall be safely fixed and supported, in such manner as not to interfere with passengers, and so that the lowest part thereof shall never be less than nine feet in height, above the sidewalk or street, and in no case to extend beyond the line of the sidewalk; and the person so placing or continuing to maintain the same, shall in all respects conform to any directions in relation to the materials, the construction and maintenance thereof, which shall be given by the mayor and aldermen. Any person violating any of the provisions of this section, or any such direction of the mayor and aldermen, shall be liable to a penalty of not less than three nor more than twenty dollars, and to a like penalty for every day that any such awning or shade shall be continued in violation of such provision or direction. Projecting signs, SECT. 21. No person shall hang, affix, erect or fasten lanterns, &c. Ibid. any sign, show bill, lantern or show board, of any description whatsoever, which shall project into any street more than one foot, under a penalty of not less than four nor more than twenty dollars for each offence, and the like penalty for every day such sign, show bill, lantern, or other board shall be continued, after an order to remove the same, given by the mayor and aldermen, or any person authorized by them. Pame subject. SECT. 22. No sign, show bill, lantern, show board or Ibid. other thing, which at its lowest Fart is less than nine feet in height above the sidewalk or street, shall project into any street more than six inches, under a penalty of not less than four nor more than twenty dollars for each offence, and the like penalty for every day such sign, show bill, lantern, show board, or other thing shall be continued after an order to remove the same, given by the mayor and aldermen, or any person authorized by them. Ringing bells or SECT. 23. No person, unless duly licensed by the mayor Ibid.lnghorns and aldermen, shall ring, or cause to be rung, any bell, or use or cause to be used any horn or other instrument, in any street, to give notice of the exercise of any business STREETS. 389 or calling, or for the sale of any article, under a penalty of not less than three nor more than twenty dollars for each offence. SECT. 24. No person shall stand in any street, for the Standing to grind cutlery, purpose of grinding cutlery, or for the sale of any article, &c. or for the exercise of any other business or calling, unless duly licensed by the mayor and aldermen, under a penalty of not less than three nor more than twenty dollars for each offence. SECT. 25. No person shall construct or place, or cause Projecting to be constructed or placed, any portico, porch, door, win- pwindows, steps, dow, or step, which shall project into any street, under a Ibid. penalty of not less than four nor more than twenty dollars for each offence, and a like penalty for every day that the said portico, porch, door, window or step, shall be continued as aforesaid, after notice to remove the same, from the mayor and aldermen, or some person by them authorized. SECT. 26. It shall not be lawful to construct or to con- Cellar doors and cellar door ways. tinue to maintain, any cellar door or cellar door way in any Ibid. sidewalk, or projecting into any street, for the purpose of being kept open as a common entrance, except as herein provided. No occupant or other person having the care of any building, shall suffer any cellar door, or cellar door way, connected with such building, which projects into any street, to remain open, or the platform thereof to be removed, more than fifteen minutes, during any part of the night time, or for more than two ho.urs in the whole during the day time, unless duly licensed so to do by the mayor aldermen, under a penalty of not less than ten nor more than twenty dollars for every offence; and this section shall apply to any cellar door or cellar door way, which is now or shall hereafter be made. SECT. 27. Every entrance or flight of steps, descending Steps descendimmediately from any street, into any cellar or basement to bfenclosed and lighted. story of any building, where such entrance or flight of steps bdlihted. shall not be safely and securely covered, shall be enclosed with a railing on each side, permanently put up, at least three feet high from the top of the sidewalk or pavement, together 390 STREETS. with either a gate to open inwardly, or two iron chains across the front of the entrance way, one near the top and the other half wav from the ground to the top of the railing; and such gate or chains shall, unless there be a burning light over the steps to prevent accidents, be closed during the night. And any person, who shall be guilty of a violation of any of the provisions of this section, shall be liable to a penalty of not less than ten nor more than twenty dollars, and a like penalty for each and every day during which or any part of which such violation continues; which penalty may be recovered of the owner, occupant or other person having charge of such building. Apertures under SECT. 28. No person shall make, or cause to be made, street, coal holes, &c. any aperture in or under any street, for the purpose of constructing coal holes, or receptacles for any other article, or for light and air, or for an entrance, or for any other purpose, without the license of the mayor and aldermen, under a penalty of not less than ten nor more than twenty dollars for each offence, and a like penalty for every day the same shall remain. And no person shall leave such coal hole or other aperture open or unfastened after sunset, nor in the day time, unless while actually in use with a person or persons by the same, under a penalty of not less than two nor more than twenty dollars for each offence. Gratings in SECT. 29. No person shall affix or place, or cause to streets. Ibid. be affixed or placed, or continue, in any street, any grating, without the license of the mayor and aldermen, under a penalty of not less than ten nor more than twenty dollars for each offence, and a like penalty for every week the same shall remain. Coal holes and SECT. 30. The mayor and aldermen, upon the applicagratings may be authorized, &c. tion of any person, may authorize the construction of coal holes or other apertures, and of gratings, as hereinbefore mentioned, in such manner, and under the direction of such person, as they may deem suitable, at the expense of the applicant; and they may also authorize the continuance of any grating already constructed; provided, that in no case shall any grating be authorized to extend more than eighteen inches into the street. STREETS. 391 SECT. 31. No owner, or person having for the time Feeding anmals in streets forbeing, the charge or use of any horse, oxen, or other grazing bidden. animal, shall bait or feed the same in any street, under a penalty of not less than two dollars nor more than twenty dollars for each offence.1 SECT. 32. No owner, or person having for the time Ridingordriving faster than being the care or use of any horse, or other beast of bur- 6 miles an hour forbidden. den, carriage or draught, shall ride, drive, or permit the Ibid. I Pick. 462. same to go at a faster rate than six miles an hour, in any street, under a penalty of not less than five nor more than twenty dollars for each offence.1 SECT. 33. No owner, or person having the charge of Horses, kine, swine, &c., not any horse, kine, swine, sheep, goat, or other grazing ani- to go at large. Ibid. mal, shall turn or permit the same to go at large or loose into or in any street, under a penalty of not less than five nor more than twenty dollars for each offence. SIDEWALKS. SECT. 34. The surveyors of highways are hereby em- Surveyors of highways to regpowered so to regulate the width and height of the sidewalks ulgte thy width of any streets, as shall in their judgment be most condu- idewalks. of ibid. cive to the convenience and interest of the city, and they IMay accept the may accept such sidewalks, after the same shall be put in ",,,e. good and perfect repair by the abutters on such streets, and after the same shall be relinquished in writing to the said city by such abutters.2 SECT. 35. After such relinquishment and acceptance, After acceptance, &c.. sidesuch sidewalks shall be maintained at the expense of the walcks to' be maintained by city: provided, that when any sidewalk shall require re- the city, propairs, in consequence of any defect in the cellar door, curb, bidd. c step, or steps, cellar window, coal hole, cellar wall, or from any other cause within the control of the owner or occupant of the estate to which such sidewalk adjoins, then and in that case such repairs shall be made at the expense of such owner or occupant. 1 The orders of the mayor and aldermen, ~~ 53, 57, ante, pp. 74, 76, apply to horses, &c, harnessed to carriages. 2 See stat. 1833, c. 128, ~ 10, p. 374, ante. 392 STREETS. City clerk to SECT. 36. The city clerk shall keep a book in which the keep record of naees of streets, names of the streets shall be alphabetically arranged, and and acceptances of sidewalks. in which all the sidewalks which now are or may hereafter Ibid. be accepted as aforesaid, shall be entered, with the date of such acceptance, the length and width of such sidewalk, and the names of the owners of the estate to which it belongs, and of the owner or owners of the adjoining estates. Carriages for- SECT. 37. No person shall drive, wheel or draw any bidden on sidewalks, except, coach, cart, hand-cart, hand-barrow, or other carriage of Ibid. burthen or pleasure, whether of the same description or not, except children's hand-carriages, containing children only, and drawn by hand, or drive or permit any horse under his care to go or stand upon any foot-path or sidewalk in the city, under a penalty of not less than five nor more than twenty dollars. Sawing firewood SECT. 38. No person shall saw any fire-wood, or place on sidewalks. Ibid. the same, upon the foot or sidewalk of any street, and no person shall stand on any such foot or sidewalk, with his woodsaw or horse, so as to obstruct a free passage for foot passengers, under a penalty of not less than one dollar nor more than twenty dollars. Standing in a SECT. 39. Three or more persons shall not stand in a gobstuct" the group, or near to each other, on any sidewalk, in such a passage. Ibid. manner as to obstruct a free passage for foot passengers, for a longer time than twenty minutes, under a penalty of not less than three nor more than twenty dollars; nor more than five minutes after a request to move on, made by the mayor, any police officer, or watchman, under a like penalty. Placing lumber, SECT. 40. NO person shall place, or cause to be placed, bales, &c., on sidewalks. upon any foot path or sidewalk in the city, any lumber, iron, coal, trunk, bale, box, crate, cask, package, or article or thing whatsoever, whether of the same description or not, so as to obstruct a free passage for foot passengers for more than five minutes, under a penalty of not less than three nor more than twenty dollars: and if such person shall suffer such obstruction to foot passengers to remain more than one hour after it is first placed there, or more than ten minutes after notice to remove the same, given by STREETS. 393 the mayor, or some other person by him authorized, the person or persons so offending shall be liable to a penalty of not less than five dollars nor more than ten dollars for every such offence; and for each and every hour thereafter, that the same shall be suffered to remain, the person or persons so offending shall be liable to a penalty of not less than five nor more than ten dollars. Provided, that nothing contained in this section shall be deemed to extend to such goods, wares or merchandize as shall, in conformity with such rules, regulations and orders as shall be made by the mayor and aldermen upon the subject, be placed in any street, lane, court, alley, square or place, for the purpose of being sold at public auction. SECT. 41. The tenant, occupant, and, in case there Snow to beremoved from shall be no tenant, the owner, or any person having the sidewalks by abutters. care of any building or lot of land bordering on any street, Ibid. lane, court, square or public place within the city, where there is any footway, or sidewalk, shall, after the ceasing to fall of any snow, if in the day time, within one hour, and if in the night time, before nine of the clock in the forenoon succeeding, cause the same to be removed therefrom, and in default thereof, shall forfeit and pay a sum not less than two dollars, nor more than ten dollars; and for each and every hour thereafter that the same shall remain on such footway or sidewalk, such tenant, occupant, owner or other person shall forfeit and pay a sum not less than one dollar nor more than ten dollars.' 1 A by-law of a city, requiring the owners or occupants of houses bordering on streets to clear the snow from the sidewalks adjoining their respective houses and lands, is not, strictly speaking, a by-law levying a tax; and inasmuch as the burden created by it is imposed on a numerous class, and upon all persons equally who come within the description of such class, and as they commonly derive a peculiar benefit from the duty required, and are peculiarly able to perform it, with the promptness, which the good of the community demands, the by-law is not partial and unequal, within the sense of the provision of the constitution, that assessments, rates and taxes, imposed and levied on the inhabitants of the commonwealth, shall be proportional and reasonable; but such by-law is reasonable and valid. Goddard, Petitioner, (16 Pick. 504.) Such a by-law is not invalid on account of a part of the city peculiarly situated being expressly exempted from its operation. Ibid. 394 STREETS. To extend to SECT. 42. The provisions of the preceding section shall snow falling from ally build- also apply to the falling of snow from any building. ing. Ibid. SECT. 43. Whenever the sidewalk, or any part thereof, Sidewalks encumbered with adjoining any building or lot of land, on any street, shall ice to be made safe, &c. be encumbered with ice, it shall be the duty of the occuIbid. pant, and in case there is no occupant, of the owner, or any person having the care of such building or lot, to cause such sidewalk to be made safe and convenient, by removing the ice therefrom, or by covering the same with sand or some other suitable substance; and in case such owner, or occupant, or other person shall neglect so to do for the space of six hours during the day time, he shall forfeit and pay a sum not less than two nor more than five dollars, and a like sum for every day that the same shall continue so encumbered. Ice or snow SECT. 44. Every person who shall lay, throw or place, thrown into street, to be or cause to be laid, thrown or placed, any ice or snow into broken up, &c. Ibid. any street, within the city, shall cause the same to be broken into small pieces, and spread evenly on the surface of such street; and, in default thereof, shall be liable to a penalty of not less than two dollars, nor more than five dollars for every offence. Meaning of the SECT. 45. Whenever the word " street " or " streets" word " street". defined. iS mentioned in this ordinance, it shall be understood as inIbid. Iluding alleys, lanes, courts, public squares and public places; and it shall also be understood as including the sidewalks, unless the contrary is expressed, or such construction would be inconsistent with the manifest intent of the city council. Who shall be SECT. 46. Whenever any thing is prohibited in this or liable to penalties. - any other ordinance, as well the person actually doing such Ibid. prohibited thing, as his agent or employer, shall be liable to the penalty prescribed. Acts forbidden SECT. 47. Whenever, in this or any other ordinance, to be done with- poite out license, may anything is prohibited to be done without the permission or be licensed. Ibid. license of any officers or board, such officers or board shall have the power to permit or license such thing to be done. Rights and du- SECT. 48. The foregoing provisions shall not be taken ties of surveyors of highways not or construed as limiting in any manner the legal rights and limited by this ordinance. duties of the surveyors of highways to make any alteraIbid. TAXES. 395 tions and repairs in the streets, which they may deem the safety and convenience of the inhabitants to require. SECT. 49. This ordinance shall take effect and go into When to take effect. operation on and after the first day of October, in the Ibid. year eighteen hundred and fifty. TAXES. STATUTES. 2. Committee to nominate asses1. Powers of the city council in sors. relation to the assessment of 3. Assistant assessors to be choscity and county taxes. Same en. Compensation. rules to be observed, as in rela- 4. Assessors, &c., may be removtion to town taxes. City coun- ed. Vacancies to be filled. cil may provide for assessment 5. Organization of assessors. and collection of taxes. May 6. Organization of assessors and elect assessors, &c., or provide assistant assessors. for same. May require bonds. 7. Secretary to keep records of 2. County and city taxes, how as- both boards. sessed. 8. Committee on the assessors de3. City treasurer shall be collec- partment. tor of taxes. 9. Duties of assistant assessors. 4. Treasurer, &c., may collect 10. Chairman of assessors, or other taxes, outstanding when he was assessor, to remain at assessors' chosen. room. 5. Treasurer may issue his war- 11. Abatements to be recorded, &c. rant for part of the rates, to his 12. Assessors to deliver tax bills deputies. to the treasurer, on or before 6. Power of distraining for taxes, October 1. how to be exercised. 13. How taxes shall be collected. 7. Same subject. 14. Assessors may transfer taxes on real estate to the owner. ORDINANCE. 15. Real estate to be assessed to the 1. Assessors to be chosen. Their owner. Proviso. Further produties and compensation. viso. STATUTES. 1. The city council shall have power, from time to time, Powers of the city council in to lay and assess taxes for all purposes, for which towns relation to the assessment of 396 TAXES. city andcounty are by law required or authorized to assess and gTant taxes. 1821,0,15. money, and also for all purposes, for which county taxes may be levied and assessed, so long as the town of Chelsea Same rules to be shall continue not to be liable to taxation therefor; provided, observed, as in relation to town however, that in the assessment and apportionment of all such taxes. 1821, 110, g 15. taxes upon the polls and estates of all persons liable to contribute thereto, the same rules and regulations shall be observed, as are now established by the laws of this commonwealth, or may be hereafter enacted, relative to the assessment and City council apportionment of town taxes. The said city council shall may provide for assessment and also have power to provide for the assessment and colleccollection of taxes. tion of such taxes, and to make appropriations of all public moneys, and provide for the disbursement thereof, and take suitable measures to ensure a just and prompt account May elect as- thereof; and for these purposes, may either elect such assessors, &c., or provide forsame. sessors, and assistant assessors, as may be needful, or provide for the appointment or election of the same, or any of them, by the mayor and aldermen, or by the citizens, as in their judgment may be most conducive to the public good, May require and may also require of all persons entrusted with the collecbonds. tion, custody or disbursement of public moneys, such bonds, with such conditions and such sureties, as the case may in their judgments require. County and city 2. In the city of Boston, all taxes, assessed for city or taxes, how assessed. county purposes, may be assessed separately, as county taxes, and as city taxes, or under the denomination of city taxes only, as the city council shall from time to time direct. City treasurer 3. By virtue of the act of 1802, chapter 7, section shall be collector of taxes. three, as modified by the first and thirteenth sections of the 1802, 7, ~ 3. 182 1,10, 1,13. city charter, the treasurer of the city of Boston shall be (See ante, pp. 2, e3, a t, px.) the collector of taxes in the said city, and is empowered to substitute and appoint under him such and so many deputies or assistants as the service may be found to require, who shall give bonds for the faithful discharge of their duty, in such sums, and with such sureties, as the mayor and aldermen shall think proper; and the said collector, and his deputy or deputies, shall have the same powers as are in TAXES. 397 vested by law in collectors of taxes chosen by other towns in this commonwealth. 4. By virtue of the act of 1803, chapter 15, as modi- Treasurer, &c., may collect fled by the city charter, the treasurer, his deputy or depu- taxes outstanding when he was ties, is empowered to collect all such taxes as may be out- chosen. 1803, 15, ~ 1. standing and uncollected, at the time of his being chosen to 1821, 110, 1,13. (See ante, pp. 2, the office of treasurer; such treasurer and his deputies first 13, % x, xx.) giving bonds for the faithful discharge of their duty, in such sums and with such sureties as the mayor and aldermen shall think proper. 5. The said treasurer may issue his warrant to his de- Treasurer may isue warputy or deputies, for the collecting and gathering in such rant for part of the rates, to his part of the rates or assessments as, in his discretion, he shall deputies. 1803, 15, ~ 2. think proper to commit to such deputy or deputies; which 821, 110, ~ 1. warrant shall be in the same tenor with the warrant prescribed to be issued by the selectmen or assessors, for the collecting and gathering in of the state rates or assessments, mutatis mnutandis. 6. By virtue of the act of 1807, chapter 134, as modi- Power of distraining for fled by the city charter, the treasurer and collector is au- taxes, how to be exercised. thorized to issue his warrant to the sheriff of the county of 1807, 134, e. Suffolk, his deputy, or to any constable of the city of Bos- 1821, 110, 1. ton, directing them to distrain the persons or property of any person or persons, who may be delinquent in the payment of taxes, after the time has expired, that is or may be fixed for payment, by any vote of said town. I Which warrants shall be of the same tenor with the warrant prescribed to be issued by selectmen or assessors for the collecting or gathering in of the state rates or assessments, mutatis mutandis. And the said officers shall make a return of their warrants, with their doings thereon, to the said treasurer and collector, within thirty days from the date thereof: provided, however, That nothing in the said act shall prevent the said treasurer and collector, whenever there may be a probability of losing a tax, from distraining the person 1 By the act of 1821, c. 110, ~ 15, (City Charter) all the powers by law then vested in the town of Boston, or in the inhabitants thereof, as a municipal corporation, were vested in the mayor and aldermen and common council. See p. 14, ~ xxiv, ante. 398 TAXES. or property of any individual, before the expiration of the time fixed by the votes of said town. 1 Same subject. 7. By the same act it was made the duty of the said 1807,34 2. officers, to execute all warrants they may receive from said treasurer and collector, pursue the same process in distraining the persons or property of delinquents, as collectors of taxes were then authorized by law to do and perform; and for collecting the sum of money due on said warrant, receive the fees that were then allowed by law for levying executions in personal actions: provided, however, before the said officers shall serve any warrant, they shall deliver to the delinquent, or leave at his or her usual place of abode, a summons from said treasurer and collector, stating the amount due; and that unless the same is paid within ten days from the time of leaving said summons into the city treasury, with twenty cents for said summons, his or her property will be distrained according to law. 2 ORDINANCE OF THE CITY.3 Assessors to be SECT. 1. There shall be chosen annually, in the month chosen. Oct. 24, 1850. of March, by concurrent vote of the two branches of the city council, seven assessors of the public taxes; four of whom shall be voted for upon one ballot, and shall devote 1 See note (1) on the preceding page. 2 An act passed Feb. 4,1764, (3 Special Laws, Appendix, p. 19,) and made perpetual March 7, 1797, (1796, c. 69,) seems to be no longer applicable, its provisions being superseded by the Revised Statutes, c. 8, ~~ 14, 15. For general laws respecting taxes, see R. S. c. 7, 8, 9, 15; act of amendment, ~ 1; stat. 1837, c. 86, 176; 1839, c. 111, 139; 1841, c. 127; 1842, c. 34; 1843, c. 21, 85, 87, 98; 1844, c. 36, 90, 145, 147, 165; 1845, c. 190; 1846, c. 195; 1847, c. 226; 1848, c. 166, 235; 1849, c. 149, 213; 1850, c. 57, 79, 98, 218, 267, 276, 308. 8 An ordinance concerning the assessment and collection of taxes, passed October 24, 1850. TAXES. 399 their whole time to the service of the city, and shall receive such compensation as the city council may determine; and the remaining three shall be voted for on one ballot, and shall receive for their services four dollars per day each, while going through the wards, taking a list of the ratable polls, and estimating the value of real and personal estates; and three dollars per day in full for their services while Their duties, and compensaengaged in other duties of their office. All the said asses- tion. sors shall serve during the year, and until others are chosen and qualified in their stead. SECT. 2. In the month of February annually, a com- Committee to nominate asmittee of the common council, consisting of one member sessors. from each ward, shall be appointed, whose duty it shall be Ibid. to nominate assistant assessors, from the several wards, selecting, as nearly as may be, a just representation from the various callings of the persons to be taxed. SECT. 3. In the month of March annually, there shall Assistant assessors to be chosen. be chosen, by concurrent vote of the two branches of the Ibid. city council, twenty-four assistant assessors, two from each ward, who shall serve during the year, and until others are chosen and qualified in their stead; and they shall receive Compensation. such compensation, in full for all their services, as the city council may determine. SECT. 4. Each of the officers mentioned in the preced- Assessors, &c., ing sections shall be removable at any time by the city be removedi council; and in case of any vacancy, by death, resignation, Vacancies to be removal, or otherwise, it shall be filled in the manner before filled. provided. SECT. 5. The assessors shall meet as soon as practica- Organization of ble after their election, and organize themselves into a ia.SssOr board, by the choice of a chairman and secretary, which secretary shall also be the secretary of the board provided for in the next section. SECT. 6. The assessors and assistant assessors shall Organization of assessors and meet, as soon as practicable after their election, and organ- assistant assessors. ize themselves into a board, by the choice of a chairman; Ibid. and a majority of the board shall constitute a quorum for the transaction of business. But nothing in this, or the preceding section, shall be construed to restrain the city 400 TAXES. council from electing one of the assessors to be chairman of both boards, whenever it may see fit so to do. Secretary to SECT. 7. It shall be the duty of the said secretary of keep records of both boards. the two boards, thus organized, to keep the records of the Ibid. doings of both boards in the same book, in the order in which the meetings occur, always designating the board whose doings are recorded. Committee on SECT. 8. A joint committee on the assessors departthe assessors department. ment, consisting of two of the board of mayor and alderIbid. men, and three of the common council, shall be annually appointed, whose duty it shall be to confer with the assessors, and make such provision for their assistance, as the exigency of that department may from time to time require. Duties of assist- SECT. 9. It shall be the duty. of one or more of the ant assessors. Ibid. said assistant assessors to visit, in company with one or more of the assessors, the different estates in their respective wards, and to assist the assessors in taking a list of the polls, in estimating the value of their personal property, and in appraising the value of the real estate. Chairman of SECT. 10. During the season when the assessors are assessors, or other assessor, called upon to perform street duty, it shall be the duty of to remain at assessors' room. the chairman, or such other assessor as he may designate, Ibid. to remain at the assessors' room, during office hours, to attend to such business as may be required to be transacted there. Abatements to SECT. 11. Abatements of taxes, which shall be at any be recorded, &c. Ibid. time allowed, shall be recorded by the assessors, and the record thereof shall contain the names of all persons whose taxes shall be abated in whole or in part, with the amount originally assessed, and the amount of abatements; and the reasons for abatement shall be stated on the said record, against the name of each person whose tax shall be abated; and this record shall be laid before the city council, annually, on or before the fourth day of March. And that this record may be perfect, the city clerk is instructed to inform the assessors of all abatements made by the mayor and aldermen, at the time they are made, in all which last mentioned cases the reasons of abatement may be omitted. TRUANTS. 401 SECT. 12. It shall be the duty of the assessors to make Assessors to deliver tax bills out and deliver, to the treasurer and collector, tax bills for to the treasurer, on or before all taxes assessed on all persons and estates, on or before oct. 1. the first day of October, in each year. SECT. 13. The city treasurer and collector shall imme- How taxes shall be collected. diately issue the tax bills, and if the same are not paid Ibid. within thirty days thereafter, he shall issue a summons to each delinquent person assessed; and if such person shall not pay his taxes within ten days after the receipt of such summons, or after the service thereof upon him in the usual form, the said treasurer shall issue his warrant for the collection of said taxes according to law. SECT. 14. The said assessors may, at their discretion, Assessors may transfer taxes transfer the amount of taxes, assessed on real estate not on real estate to the owner. owned at the time of assessment by the persons charged Ibid. with such taxes, to the persons by whom the said real estates were owned at the time. SECT. 15. The said assessors shall assess, upon the Real estate to be assessed to the owners of real estate, lying within the city, the amount of owner. taxes for which such real estate may be taxable: provided, bid. that, in any case where the assessors may deem it to be Proviso. more for the public interest to assess the tenant or occupant, instead of the owner, they may so assess such tenant or occupant: and provided, also, that nothing herein shall Further proviso. affect the rights which owners and tenants may have, respectively, by reason of any agreement made between themselves concerning such taxes. TRUANTS. STATUTE. more persons to make com1. Cities and towns empowered to plaint to judicial officer, &c. make provisions, &c., concern- 3. Truants may be placed in an ing truants. institution of instruction, or 2. They may appoint three or house of reformation. 51 402 TRUANTS. ORDINANCE. Senior justice of police court 1. Act of 1850, c. 294, respecting to have jurisdiction. truant children, &c., adopted. 3. House of reformation, &c., to 2. Punishment for truancy, &c. be the institution, &c., mentioned in said act. STATUTE. Cities and towns 1. Each of the several cities and towns, in this comempowered to make provisions, monwealth, is authorized and empowered to make all &c., concerning truants. needful provisions and arrangements concerning habitual 294 truants, and children not attending school, without any regular and lawful occupation, growing up in ignorance, between the ages of six and fifteen years; and, also, all such ordinances and by-laws, respecting such children, as shall be deemed most conducive to their welfare, and the good order of such city or town; and there shall be annexed to such ordinances, suitable penalties, not exceeding, for any one breach, a fine of twenty dollars: provided, that said ordinances and by-laws shall be approved by the court of common pleas for the county, and shall not be repugnant to laws of the commonwealth. They may ap- 2. The several cities and towns, availing themselves of point three or more persons to the provisions of this act, shall appoint, at the annual meetmake complaint to judicial offi- ings of said towns, or annually by the mayor and aldermen cer, &c. Ibid, & 2. of said cities, three or more persons, who alone shall be authorized to make the complaints, in every case of violation of said ordinances or by-laws, to the justice of the peace, or other judicial officer, who, by said ordinances, shall have jurisdiction in the matter, which persons, thus appointed, shall alone have authority to carry into execution the judgments of said justices of the peace, or other judicial officer. Truants may be 3. The said justices of the peace, or other judicial placed in an institution of officers, shall, in all cases, at their discretion, in place of instruction, or house ofretbr- the fine aforesaid, be authorized to order children, proved mation. Ibida. 3. before them to be growing up in truancy, and without the benefit of the education provided for them by law, to be placed, for such periods of time as they may judge expedient, in such institution of instruction, or house of reformation, or other suitable situation, as may be assigned or pro TRUANTS. 403 vided for the purpose, under the authority conveyed by the first section, in each city or town availing itself of the powers herein granted. ORDINANCE OF THE CITY.1 SECT. 1. The city of Boston hereby adopts the two Act of 1850, c.294, respecting hundred and ninety-fourth chapter of the laws of the corn- truant children, &c., adopted. monwealth for the year one thousand eight hundred and Oct. 21, 1850. fifty, entitled "an act concerning truant children and absentees from school," and avails itself of the provisions of the same. SECT. 2. Any of the persons described in the first sec- Punishment for truancy, &c. tion of said act, upon conviction of any offence therein Ibid. described, shall be punished by fine not exceeding twenty dollars; and the senior justice by appointment, of the Senior justice of police court to police court, shall have jurisdiction of the offences set forth have jurisdiction. in said act. SECT. 3. The house for the employment and reforma- House of refortion of juvenile offenders is hereby assigned and provided be atioe in, titu-c., to tion, &c., menas the institution of instruction, house of reformation, or tioned in saide act. suitable situation, mentioned in the third section of said act. Ibid. 1 An ordinance concerning truant children and absentees from school, passed October 21, 1850. This ordinance was presented to the court of common pleas for the county of Suffolk, at the October term, 1850, and was approved by the court. 404 WARDS. ORDINANCE OF THE CITY.1 1. New division of the wards. Ward No. 7. Ward N o. SO Boundaries of the wards. WVard No. 9. WVard No. 10. Ward No. 1. WVard No. 2. WVard No. 11. Ward No. 12. Ward No. 3. WVard No. 4. 2. When this ordinance shall take Ward No. 5. Ward No. 6. effect. New division of SECT. 1. The present division of the wards of the city the wards. June 24, 1850. is hereby altered,2 and a new division thereof is hereby made, and the same shall hereafter be known and constituted as follows, viz:thBoundaries of Ward No. 1. Beginning at the water, on the southerly the wards. wo Ward No. 1. side of the Eastern Packet Pier; thence across Commercial street to Richmond street; thence by the centre of Richmond street, across Hanover street, to Salem street; thence by the centre of Salem street to Cooper street; thence by the centre of Cooper street, crossing Charlestown street,to Beverly street; thence by the centre of Beverly street to Causeway street; thence across Causeway street, and in the same direction with Beverly street, to the water; thence by the water to the point begun at. Ward No.2. Ward No. 2. All that part of the city called East Boston, and all the islands in the harbor. Ward No. 3. Ward No. 3. Beginning at the water, on the north side of the Fitchburg Railroad Depot, on a line which would strike the central line of Beverly street if extended to the water; thence by such line and the centre of Beverly street to Charlestown street; thence across Charlestown street, and by the centre of Cooper street, to Salem street; thence by the centre of Salem street to Richmond street; thence by the centre of Richmond street to Hanover street; 1 An ordinance providing for a new division of the city into wards, passed June 24, 1850. 2 See p. 3, ~ III, ante, as to the power of the city council to alter the divisions of wards. WARDS. 405 thence by the centre of Hanover street to Court street; thence by the centre of Court street to Green street; thence by the centre of Green street to Leverett street; thence by the centre of Leverett street to Causeway street; thence by the centre of Causeway street to Lowell street; thence by the centre of Lowell street, and by a line in the same direction with Lowell street, to the water; thence by the water to the point begun at. Ward No. 4. Beginning at the water, on the southerly Ward No. 4. side of the Eastern Packet Pier; thence across Commercial street to Richmond street; thence by the centre of Richmond street to Hanover street; thence by the centre of Hanover street to Court street; thence by the centre of Court street to Green street; thence by the centre of Green street to Staniford street; thence by the centre of Staniford street to Cambridge street; thence by the centre of Cambridge street to Temple street; thence by the centre of Temple street, and Mount Vernon street, to Park street; thence by the centre of Park street to Tremont street; thence by the centre of Tremont street to Winter street; thence by the centre of Winter street to Washington street; thence by the centre of Washington street to Milk street; thence by the centre of Milk street to India street; thence crossing India street by a straight line, to the water on the south side of Central wharf; thence by the water to the point begun at. Ward No. 5. Beginning at the water at the easterly Ward No.5. end of Cambridge Bridge; thence by the centre of Cambridge street to Staniford street; thence by the centre of Staniford street to Green street; thence by the centre of Green street to the junction of Lynde and Leverett streets; thence by the centre of Leverett street to Causeway street; thence by the centre of Causeway street to Lowell street; thence by the centre of Lowell street, and by a line in the same direction with Lowell street, to the water; thence by the water to the point begun at. Ward No. 6. Beginning at the water, at the easterly Ward No. 6. end of Cambridge Bridge; thence by the centre of Cambridge street to Temple street; thence by the centre of 406 WARDS. Temple street, and Mount Vernon street, to Beacon street; thence by the centre of Beacon street, and the Western avenue, to the boundary line between Boston and Roxbury, on the Western avenue; thence northerly by said boundary line, to the water; thence by the water to the point begun at. Ward No. 7. Ward No. 7. Beginning at the water, on the south side of Central wharf; thence across India street, by a straight line, to Milk street; thence by the centre of Milk street to Washington street; thence by the centre of Washington street to Winter street; thence by the centre of Winter street to Tremont street; thence by the centre of Tremont street to West street; thence by the centre of West street, and Bedford street, to Kingston street; thence by the centre of Kingston street to Essex street; thence by the centre of Essex street to South street; thence by the centre of South street to Summer street; thence by the centre of Summer street, and by a straight line in continuation thereof, to the water, on the northerly side of Summer street wharf; thence by the water to the point begun at. Ward No. 8. Ward No. 8. Beginning at the water on the northerly side of Summer street wharf; thence by a straight line in continuation of the centre of Summer street, and by the centre of Summer street to South street; thence by the centre of South street to Essex street; thence by the centre of Essex street to Kingston street; thence by the centre of Kingston street to Bedford street; thence by the centre of Bedford street and West street to Tremont street; thence by the centre of Tremont street to Eliot street; thence by the centre of Eliot street to Washington street; thence across Washington street to Kneeland street; thence by the centre of Kneeland street to Sea street; thence crossing Sea street by a straight line, to the water on the southerly side of Howe's wharf; thence by the water to the point first begun at. Ward No. 9. Ward No. 9. Beginning at the boundary line between Boston and Roxbury, on the Western avenue; thence by the centre of the Western avenue and Beacon street to Park WARDS. 407 street; thence by the centre of Park street to Tremont street; thence by the centre of Tremont street to Warren street; thence by the centre of Warren street to Washington street; thence by the centre of Washington street to West Castle street; thence by the centre of West Castle street to Tremont street; thence by the centre of Tremont street to the Railroad bridge; thence by the centre of the Boston and Worcester railroad to the boundary line between Boston and Roxbury; thence by said boundary line to the point begun at. Ward No. 10. Beginning at the water on the southerly Ward No. 10. side of Howe's wharf; thence by a straight line across Sea street to Kneeland street; thence by the centre of Kneeland street to Washington street; thence across Washington street to Eliot street; thence by the centre of Eliot street to Tremont street; thence by the centre of Tremont street to Warren street; thence by the centre of Warren street to Washington street; thence by the centre of Washington street to Dover street; thence by the centre of Dover street to the water at the northwesterly end of the Boston South Bridge; thence by the water to the point begun at. Ward No. 11. Beginning at the boundary line between Ward No. 11. Boston and Roxbury, on the Boston and Worcester railroad; thence by the centre of the Boston and Worcester Railroad to the Railroad bridge; thence by the centre of Tremont street to West Castle street; thence by the centre of West Castle street to Washington street; thence by the centre of Washington street to Dover street; thence by the centre of Dover street to the water at the northwesterly end of the Boston South Bridge; thence by the water to the boundary line between Boston and Roxbury; thence by said boundary line to the point begun at. Ward No. 12. All that part of the city called South ward No. 12. Boston, and the Boston South Bridge and Boston Free Bridge. SECT. 2. This ordinance shall take effect on and after When this ordithe second Monday of December, in the year one thousand n shall take eight hundred and fifty. Ibid. 408 WATCH. STATUTES. Officer of watch to carry quar1. Mayor and aldermen may ap- ter-pike. Watchmen to carry point watchmen. Constables of staff. divisions to report every morn- 4. Expenses of watch, how raised. ing. 5. Mayor and aldermen may set 2. Powers and duties of watch- the watch at such hour after men. sunset as they shall judge ex3. Powers and duties of watch- pedient. men. To prevent and suppress 6. Watch may disperse any asdisturbances and disorders, &c. sembly of three or more perTo walk the rounds. Consta- sons, such as mentioned in R. ble to carry his badge of office. S. 17, ~ 4, &c. Mayor and al- 1. The act of 1801, chapter 26, authorized the selectdermen may appoint watch- men of the town of Boston, (whose powers, by the thirmen. 1801, 26, m 1. teenth section of the city charter, are transferred to the 1821,110, % 13. (See ante, pp. 2, mayor and aldermen,) from time to time, to appoint such a number of the inhabitants, to be watchmen by night, in the town of Boston, as they should judge expedient; to be paid at the charge of that town; and the said selectmen were also further authorized, and empowered, from time to time, to appoint a head constable to superintend said watch, as Constables of also a constable for each division thereof; and the several divisions to report every constables of divisions were required to report every mornmorning. ing an account of their doings, and of the state of the town during the night, to the said head constable, in order that the same might be communicated to the chairman of the selectmen daily. Powers and du- 2. The head constable, the several constables of divities of watchmen. sions, and the watchmen appointed by virtue of the said 1801, 26, g 2. 1796, 82, 2. act, shall have the same powers, and shall be held and obliged to perform the same duties, as are required of watchmen, by a law of this commonwealth, passed March the 10th, 1797, entitled "' An act for keeping watches and wards in towns, and for preventing disorders in streets and public places." WATCH. 409 3. The act of 1796, chapter 82, referred to in the pre- Powers and duties of watch* ceding section,1 gave the power to direct and order a suit- dlten. able watch or watches to be kept nightly, from and after 796,, 1 Whether the provisions of the act of 1796, c. 82, in relation to the powers and duties of watchmen, are still in force in Boston, by virtue of the act of 1801, c. 26, ~ 2, or whether the provisions of the Revised Statutes, c. 17, are applicable to Boston, superseding the former enactments, qucere. The act of 1796, c. 82, is among the general laws that were repealed by the Revised Statutes. The following are the provisions of the Revised Statutes, c. 17, upon this subject. SECT. 3. When a military watch shall not be appointed to be kept, the selectmen of each town shall have power, from time to time, to order a suitable watch to be kept nightly, within their town, from such hour in the evening as they shall appoint, until sun rising in the morning; and also a guard to be kept in the day time and evening, when they shall think such watch or guard necessary; and they may direct the number of persons, of which the watch or guard shall consist, the places and the hours for keeping the same; and they may give orders in writing, accordingly, directed to any constable of the town, requiring him from time to time to warn such watch or guard, and to see that all persons so warned do attend, and perform their duty in such manner as shall be required; and in the warning thereof, care shall be taken, by the said selectmen, that some able householders, or other sufficient persons, be joined in each watch or guard. SECT. 4. The constable or selectmen shall charge the watch to see that all disturbances and disorders in the night be prevented and suppressed; and, for that purpose, the watch shall have authority to examine all persons, whom they shall see walking abroad in the night after ten o'clock, and whom they shall have reason to suspect of any unlawful design, and to demand of them their business abroad at such time, and whither they are going; to enter any houses of ill fame, for the purpose of suppressing any riot or disturbance therein, and to arrest any persons there found, making or aiding and abetting in such riot or disturbance; and all persons, so walking abroad and suspected of any unlawful design, as aforesaid, who shall not give a satisfactory account of their so being abroad, and of their business, and all persons, so arrested in such houses of ill fame, shall be secured by imprisonment or otherwise, to be safely kept until the next morning, and shall then be taken before one of the nearest justices of the peace, to be examined and proceeded against, according to the nature of their offences. SECT. 5. The watchmen shall walk the rounds, in and about the streets, wharves, lanes and principal inhabited parts, within each town, to prevent any danger by fire, and to see that good order is kept; taking particular observation and inspection of all houses and families of evil fame; and they shall in all things strictly observe the charge given them as aforesaid. SECT. 6. Each constable when attending watch or guard, shall carry with him the usual badge of his office. 52 410 WATCH. nine o'clock in the evening until sunrising in the morning; and also in the day time and evenings, when it should be Toprevent and thought necessary. And the watch were to be charged suppress disturbances and " to see that all disturbances and disorders in the night be disorders, &C* prevented and suppressed; and to examine all persons whom they shall see walking abroad in the night after ten o'clock, and whom they shall have reason to suspect of any unlawful intention or design, of their business abroad at such season, and whither they are going, and in case they give not reasonable satisfaction therein, then to secure, by imprisonment or otherwise, all such disorderly and suspicious persons, to be safely kept until morning; then to carry them before one of the next justices of the peace to be examined, and proceeded against, according to the nature of To walk the their offences, as is by law directed. And such watchmen rounds. shall walk the rounds in and about the streets, wharves, lanes, and principal inhabited parts within such town or district, to prevent any danger by fire, and to see that good order is kept, taking particular observation and inspection of all houses and families of evil fame, and shall strictly Constable to observe the charge to be given them as aforesaid. And carry his badge of office. each constable, when attending watch or ward, shall carry,officarry after w ith him the usual badge of his office." The same act pike.d 4. also prescribed, that whenever a watch should be appointed and agreed upon different from a constable's watch, the person appointed officer of the watch to take the charge and command of such watch, as the badge of his office, should carry a quarter-pike, with a spire on the top thereof; Watchmen to and that every watchman, as well in this as in the constacay staff. ble's watch, should carry a staff with a bill fastened thereon, as was usual. Expenses of 4. The expenses that may be incurred, by reason of the watch, how raised. establishment of the watch aforesaid, shall be raised, levied 1801, 26, ~ 3. 1821, 26o, ~ 3. and collected, as the other expenses of said city are or may be raised, levied or collected; any law to the contrary notwithstanding. Mavor and 5. Whenever the mayor and aldermen of the city of aldermen may set the watch Boston shall establish a watch within said city, in pursuance at such hour after sunset as of the preceding provisions, the said mayor and aldermen WATER. 411 may, and they are hereby authorized to set such watch, at they shall judge expedient. such hour after sunset, as they shall judge expedient; and 1833, 62 from and after such hour, the said watch shall and may exercise all the powers given in and by the several acts aforesaid, any thing in the said acts to the contrary notwithstanding. 6. The watch in any city or town in this commonwealth Watch may disperse any assemshall have authority to disperse any assembly of three or bly of three or more persons, more persons, such as are mentioned in chapter seventeenth, such as mentioned in R. S. 17, section four, of the Revised Statutes,1 at any time after the s 4, &c. setting of such watch for the night and before the discon- 1850,186. tinuance of the same the next morning, and any such person as is in said section mentioned, to examine, arrest and secure during said time, and him to keep and proceed against, as therein mentioned. WATER. STATUTES. 5. Their powers to be exercised 1. City may obtain water from by the city, after their office Long Pond, &c., in Natick, &c. shall cease. May take and hold land. Shall 6. City of Boston shall be liable file, in registry of deeds, a de- to pay all damages, sustained scription of lands, ponds, &c., by taking land, &c. Applicataken. tion to C. C. P. in case of disa2. May construct aqueducts, dams, greement. Court may appoint reservoirs, &c. May distribute three freeholders to assess damwater throughout the city, lay ages. pipes, &c. May dig up high- 7. Parties may claim a trial by ways, &c., when necessary. jury, if dissatisfied with award. 3. Commissioners to be appointed. 8. No application to be made for Their duties. damages for taking water, un4. Compensation. til actually diverted, &c. 1 See note to ~ 3, p. 409, ante. 412 WATER. 9. Where persons sustaining dam- &c., of the Aqueduct Corporaages neglect to institute pro- tion. ceedings therefbr, the city may 21. Water may be conveyed to commence such proceedings. East Boston, through CharlesHow such persons shall be bar- town and Chelsea. Over or red. under tide waters, with ap10. City may tender to petitioner, proval of a commissioner to be for damages, or bring into court, appointed, and with consent of such sum as it shall think prop- city council. er. Effect of such tender or' 22. City may lay the water pipes payment. under the bridges oftheEastern 11. City council may issue water Railroad Co. scrip, to defray expenses. 12. City council may make tempo ORDINANCE. rary loans, to be redeemed with- 1. Cochituate water board, how in five years by water scrip. chosen, &c. 13. Additional scrip may be issued 2. Their organization. by city council. 3. Their general powers. To ap14. They may also issue scrip for point subordinate officers, &c. payment of interest. But not 4. To make annual reports. Reafter expiration of two years ports of city engineer and water from completion of aqueducts, registrar. &c. Form of scrip. Recordto 5. Schedule of water rates. be kept of same. 6. Cochituate water board may 15. City council to regulate the sell or lease property, &c. price of water. Net surplus in- 7. Bills for expenditures, how come to be applied to payment drawn, examined, &c. of principal and interest of scrip. 8. Duties of president of the board. 16. If surplus income is insufficient 9. City engineer, how chosen, &c. to pay the interest, the supreme 10. To have charge of lake, aquejudicial court may, on petition, ducts, lands, reservoirs, &c. &c., appoint commissioners, 11. To have charge of plans of who may raise the price of streets. To make all surveys, water. &c. 17. If such income is more than 12. May appoint an assistant. sufficient, &c., the court may 13. To make an annual report. appoint commissioners, on pe- 14. Water registrar, how chosen, tition, &c., who may reduce the &c. price of water. Reduction shall 15. To assess water rates. To visit not be so great, that such in- premises of takers, make out come will be insufficient, &c. bills, &c. Costs, on such petitions. 16. To make annual report. 18. Occupant of tenement, and 17. Water rent payable in advance, owner, both liable for price of January 1. water. Action for use of water 18. Supply to be cut off in case of without consent of city. Inhab- non payment itants of Natick, &c., may use 19. Abatements may be made. a portion of same. 20. Water registrar to keep books, 19. Penalty for diverting or cor- &c. rupting water. 21. No member of the board, or 20. City may purchase property, officer, to be interested in any WATER. 413 contract, &c., in relation to the water shall be taken. Takers water works. to keep service pipes in good 22. Penalty for opening hydrant, repair. To prevent waste, and &c. use no concealment. No al23. For opening any pipe or reser- teration to be made, except, &c. voir, &c. Water not to be supplied to 24. For turning on or turning off other parties, unless, &c. Use the water, &c. of hand hose restricted. Water 25. For injuring any other reser- registrar may enter premises to voir, &c. examine. 26. Water not to be sold to parties 28. When this ordinance shall take out of the city, unless, &c. effect, 27. Regulations under which the STATUTES. 1 1. The city of Boston is hereby authorized, by and City may obtain water from Long through the agency of three commissioners, to be appointed Pond, &c., in Natick, &c. in the manner hereinafter provided, to take, hold, and con- 1846, 167, 1. vey 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 water rights connected therewith; and may also take and hold, My take and by purchase or otherwise, any lands or real estate necessary for laying and maintaining aqueducts for conducting, discharging, disposing of, and distributing water, and for 1 An act for supplying the city of Boston with pure water, was passed March 25, 1845, (Stat. 1845, c. 220,) containing a provision that the act should be void, unless accepted by a majority of the legal voters of the city, in their respective wards, within sixty days from its passage. The act was rejected, by a vote of 3,670 yeas to 3,999 nays. (Records of returns of votesfrom the several wards, May 19, 1845.) The act of 1846, c. 167, given in the text, was passed March 30, 1846, and contained the following provisions, viz: 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 aforesaid, shall be in the negative, this act shall be null and void. Sect. 18. This act shall take effect from and after its passage. The act was accepted, Aprilil3, 1846, by a vote of 4,637 yeas to 348 nays. (Records of returns of votesfrom the several wards, April 13, 1846) 414 WATER. forming 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 far as maybe necessary for the preservation and purity of the same, for the purpose of furnishing a supply of pure water for the Shall file, in re- said city of Boston. The city of Boston shall, within sixty gistry of deeds, a description of days from the time they shall take any lands or ponds lands, ponds, &c., taken. or streams of water for the purposes of this 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 purpose for which taken, which said description and statement shall be signed by the said mayor. May construct 2. The said city may, by and through the same agency, aqueducts, dams, reser- make and build one or more permanent aqueducts, from voirs, &c. Ibid, ~ 2. 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 disMay distribute continue the same; may distribute the water throughout water through- d out the city, layand for this purpose may lay down pipes to any pipes, &c. 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 May dig up high- establish the prices or rents to be paid therefor. And the ways, &c., when necessary. said city may, for the purposes aforesaid, carry and conduct any aqueducts, or other works, by them to be made and constructed, over or under any water course, or any street, turnpike-road, railroad, highway, or other way, in such manner as not to obstruct or impede travel thereon; WATER. 415 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. 3. Three commissioners shall be appointed by the city Commissioners to be appointed. council, who shall, during their continuance in office, exe- Their duties. cute and perform, and superintend and direct, the execution and performance of, all the works, matters and things mentioned in the preceding sections which are not otherwise specially provided for in this act; they shall be subject to such ordinances, rules and regulations, in the execution 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 vacancy shall be filled by the appointment of another commissioner, 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 major part of said commissioners shall be a quorum for the exercise of the powers and the performance of the duties of the said office: they shall, once in every six months, and whenever 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. 4. Before the appointment of the commissioners afore- Compensation of commissionsaid, the city council shall establish and fix the salaries, or ers. compensation, to be paid to the commissioners for their Ibid, ~ 4. services; and the said salaries of the said commissioners, 416 WATER. so established and fixed as aforesaid, shall not be reduced during their continuance, respectively in said office. Their powers to 5. Whenever the said office of commissioners shall be exercised by thecity, after cease, either by the expiration of the said term of three their office shall cease. years from the original appointment, or by the completion of the aqueducts and works mentioned in the preceding sections 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, officers and servants, as the city council shall, from time to time, ordain, appoint, and direct. City of Boston 6. The said city of Boston shall be liable to pay a11 shall be liable to pay all damages, damages that shall be sustained by any persons, in their sustained by taking land, &c. property, by the taking of any land, water, or water rights, Ibid, ~ 6. or by the constructing of any aqueducts, reservoirs, or Application to other works for the purposes of this act. And if the owner C. C. P. in case of disagreement. 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 years 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 on such day as the said court shall order, to appear and answer 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 Court may ap- same, with the mayor or clerk of the said city; and the point three freeholders to assess said court may, upon default or hearing'of the said city, damages. appoint three judicious and disinterested freeholders of this commonwealth, who shall, after reasonable notice to the parties, assess the damages, if any, which such petitioner WATER. 417 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 rendered 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. 7. If either of the parties mentioned in the preceding Parties may claim a trial by section, shall be dissatisfied with the amount of damages jury, if dissatisfied with award. awarded as therein expressed, such party may, at the term Ibid h awad7. 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 accepted and recorded 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 regard to proceedings relating to the laying out of highways. 8. No application shall be made to the court, for the No application to be made for assessment of damages for the taking of any water rights, damages for taking water, until the water shall be actually withdrawn or diverted by until actually diverted, &c. the said city under the authority of this act; and any per- Ibid, ~ 8. son 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. 9. Whenever any damages shall have been sustained Where persons sustaining damby any persons in their property, by the taking of any land, ages neglect to institute prowater, or water rights, or by the constructing of any aque- ceedings therefor, the city may ducts, reservoirs, or other works, for the purposes of this commence such proceedings. act, and of the act entitled " An act for supplying the 1849, 187, g2. (Accepted by city of Boston with pure water," chapter one hundred and city council, May 98, 1849. sixty-seven, of the Acts and Resolves of the year eighteen City Records. vol. 27, p. 239.) hundred and forty-six, and such persons shall neglect to institute proceedings against the city of Boston, according to the provisions of the said act, for the space of five months, it shall be lawful for the city of Boston to commence such 418 WATER. proceedings, which shall go on, and be determined, in the same manner as if commenced by the persons who shall Howsuchper- have sustained such damage. And, if such persons, on sons shall be barred. receiving due notice, shall not come in and prosecute the proceedings so instituted, judgment shall be entered against them, and they shall be forever barred from recovering any damages under said act. City may tender 10. In every case of a petition to the court of common to petitioner, fordamages, or pleas, by any person, for the assessment of damages, as bring into court, suchsum asit provided in the sixth, seventh and eighth sections above, shall think proper. the city of Boston, by any of its officers, may tender to 1850, 316. the complainant, or his attorney, any sum that it shall think proper, or may bring the same into court, to be paid to the complainant for the damages claimed in his petition; Effect ofsuch and if the complainant shall not accept the same, with his tender or payment. - costs up to that time, but shall proceed in the suit, he shall be entitled to his costs up to the time of the tender, or such payment into court, and not afterwards, and the said city shall be entitled to recover its costs afterwards, unless the complainant shall recover greater damages than were so offered. City council 11. For the purpose of defraying all the costs and exscrip, to defray penses of such lands, estates, waters and water rights, as expenses. 1846s 167, 9. shall be taken, purchased or held for the purposes mentioned 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 interest 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 issuing 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 aforesaid, on WATER. 419 such terms and conditions as the said city council shall judge proper. 12. Nothing in the preceding section shall be construed City council mav make tento prohibit the city council of the city of Boston, from por'ary loans, to be redeemed making temporary loans, for the purposes therein set forth, within five years by water to be redeemed within five years by the " Boston Water scrip. 1848, 33. Scrip:" provided, that the amount of said scrip shall in no case, exceed the amount named in the said section. 13. In addition to the notes, scrip, or certificates of Additionalscrip may be issued debt, authorized to be issued by the eleventh section, the by city council. 1849, 187, O 1. city council of the city of Boston are authorized to issue, (Accepted by city council, from time to time, notes, scrip, or certificates of debt, to be May 28, 1849. City Records, denominated on the face thereof, "' Boston Water Scrip," vol.27, p. 239.) to an amount not exceeding, in the whole, the further sumn of one million five hundred thousand dollars, for the same purposes, and in the same manner, and upon the terms and conditions specified in said section. 14. In addition to the sum of three millions of dollars They may also issue scrip for mentioned in the eleventh section, the said city councilpayment ofinterest. may, whenever and so far as deemed necessary, issue and 1846, 167, 6 10. dispose of notes, scrip, or certificates of debt, in the manner prescribed in the said eleventh section, to meet all payments of interest which may accrue upon any scrip by them issued; provided, however, that no scrip shall be issued for But not after exthe payment of interest as aforesaid, after the expiration years from comof two years from the completion of said aqueducts and pects, c. e other works; but payment of all interest that shall accrue after that time, shall be made from the net income, 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 Form ofscrip. as aforesaid, shall be signed by the treasurer and auditor, and countersigned by the mayor of the said city, and a Record to be record of all such notes, scrip, and certificates shall be kept ofsame. made and kept by the said treasurer and auditor respectively. 15. The city council shall, from time to time, regulate City council to regulate the the price or rents for use of the water, with a view to the price of water. Ibid, O 11. 420 WATER. payment, from the net income, rents, and receipts therefor, not only of the semi-annual interest, but ultimately of the principal also of the " Boston Water Scrip," so far as the Netsurplusin- same may be practicable and reasonable. And the said come to be applied to payment net surplus income, rents and receipts, after deducting all of principal and interest of scrip. expenses and charges of distribution, shall be set apart as a sinking fund, and shall be appropriated 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 (See City Doc. part of them for the time being, who 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. If surplus income 16. At any time after the expiration of two years, is insufficient to pay the interest, from the completion of the works mentioned in the second the supreme judicial court may, section, and before the reimbursement of the principal on petition, &C., appoint commis- of the "Boston Water Scrip" herein before mentioned, sioners, who may raise the if the surplus income and receipts for the use of the price of water. 1846, 167, 12. water distributed under the provisions of this act, at the price established by the city council, after deducting all expenses and charges of distribution, shall, for any two successive years, be insufficient to pay the accruing interest on the said scrip, then the supreme judicial court, on the petition of one hundred or more of the legal voters of the said city, praying that the said price may be raised and increased so far as may be necessary for the purpose of paying, 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 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 commissioners, or the major part of them, being returned to the WATER. 421 said court, at the then next term 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 price so fixed by the commissioners shall, after the expiration of said term, be changed or altered by the city council. 17. If the surplus income and receipts for the use of if such income is more than sufthe water, distributed under the provisions of this act, at ficient, &c., the court niay apthe price established by the city council, after deducting all point commissioners. on petiexpenses and charges of distribution, shall, for any two tion, &'c., who may reduce the successive years, be more than sufficient to pay the accru- price of water. ing interest on the "Boston Water Scrip," herein before Ibid, ~ 13. 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 the 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 interested, may, if they shall judge proper, reduce the price established by the city council; provided, that such reduc- Reduction shall not be so great, tion shall not be so great that the surplus income and thatsuch income will be insuffireceipts aforesaid, will, in the judgment of the said cbm- cient, &c. missioners, be thereafter insufficient for the payment of the said accruing interest. And the award of the said commissioners, 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 the 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 costs on such petitions as are mentioned in this and the petitions. 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 accordingly. 18. The occupant of any tenement shall be liable for Occupantoftenement, and ownthe payment of the price or rent for the use of the water er, both liable for in such tenement;e of water. in such tenement; and the owner thereof shall be also Ibid, ~ 14. 422 WATER. liable, if, on being notified of such use, he does not object Action for use of thereto; and if any person or persons shall use any of the water without consent of city. 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 Inhabitants of the recovery of damages therefor; provided, however, that Natick, &c., may use a portion of this act shall not be so construed as to prevent the inhabitsame. ants of Natick, Framingham, Sherburne, and Wayland, from using so much of the water hereby granted as shall be necessary for extinguishing fires, and for all ordinary household purposes, under such regulations of the said city council as may be essential for the preservation of the purity of the same. Penalty for di- 19. If any person or persons shall wantonly or maliverting or corrupting water. ciously divert the water, or any part thereof, of any of the Ibid, 15. 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, moreover, on indictment and conviction of either of the wanton and malicious acts aforesaid, be punished by fine, not exceeding one thousand dollars, and imprisonment not exceeding one year. City may pur- 20. The said city of Boston is hereby authorized to c hase property, &c., of the Aque- purchase and hold all the property, estates, rights and duct Corporation. privileges of the Aqueduct Corporation, incorporated by an Ibid, 16. 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.' 1 For acts respecting the Aqueduct Corporation, see stat. 1794, c. 55; 1796, c. 1; 1803, c. 35. WATER. 423 21. The city of Boston is authorized to convey the Water maybe conveyed to East water of Long Pond to, into, and through, that part of Boston, through Charlestown Boston called East Boston, by laying their aqueduct, or and Chelsea. 1849, 187, ~ 3. water pipes, through the city of Charlestown and town of (Accepted by city council, Chelsea; and, for that purpose, may have all the rights ay28, 1849. and privileges, and shall be subject to all the liabilities, volY7, p.239. mentioned in the act entitled "An act for supplying the city of Boston with pure water." And the said city of Over or under tide waters, Boston may make any suitable structures for the purose with approval of a commissioner of conveying the said water over or under the tide waters to be appointed, and with conwithin the jurisdiction of this commonwealth, provided that sent of city such structures shall be approved of by a commissioner, to council. be appointed for that purpose by the governor and council, and to be compensated by the city of Boston: provided, further, that the authority granted by this section shall not be exercised without the consent of the city council of said city first had and obtained.1 22. By the act passed in 1849, authorizing the Eastern City may lay the water pipes unRailroad Company to extend their road, it is declared law- der the bridges of the Eastern ful for the city of Boston, under the direction of a commis- lfailroa, to. sioner to be appointed by the governor and council, and 1849, 201, 7. paid by the Eastern Railroad Company, to lay and construct their water pipes under, or by the side of the bridges, to be constructed by said railroad corporation, for the purpose of conveying water into and through East Boston, without compensation to the said railroad corporation; provided, however, that said pipes shall be so laid, maintained and repaired, as not to retard, or in any manner obstruct, the regular and convenient use of said bridges, for all the uses of said railroad company. 1 By an order of the city council, passed June 11, 1849, it was ordered, that the water commissioners be authorized and empowered, by virtue of the 3d section of the act of 1849, c. 187, to convey the waters of Long Pond to East Boston; provided, that the cost of the same shall not exceed the sum of four hundred thousand dollars; and that, in the execution of said authority, they shall have all the powers, so far as the same are proper and necessary, and be subject to all the duties and restrictions contained in the several ordinances of the city regulating the proceedings of the commissioners. (City Records, vol. 27, p. 272.) 424 WATER. ORDINANCE OF THE CITY.1 Cochituatewater SECT. 1. There shall be chosen annually, in the month board, how chosen, &c. of March or April, by concurrent vote of the two branches Oct. 31, 1850. of the city council, one alderman, one member of the common council, and five citizens at large, to constitute the Cochituate water board, who shall hold their offices until they are removed or others are chosen in their places; and they and each of them shall be removable at the pleasure of the city council, and no person shall be chosen as aforesaid for more than five consecutive years. Their organiza- SECT. 2. The persons so chosen shall meet, and organIbid. bize themselves into a board, by the choice of a president from their own number, and of a clerk, and they may make such rules and regulations for their own government, and in relation to all subordinate officers by them appointed, as they may deem expedient. Their general SECT. 3. The Cochituate water board shall have and powers. Ibid. exercise all the powers, vested in the city council by an act of the legislature of Massachusetts, passed on the thirtieth day of March, in the year eighteen hundred and forty-six, entitled an Act for supplying the city of Boston with pure water, and by any acts in addition thereto, so far as the To appoint sub- same can be legally delegated; and they shall, more espeordinate officers, &c. cially, have the power to appoint all necessary subordinate officers, agents and assistants, and may fix their compensation, and of the clerk before mentioned, provided that the same shall not exceed in the whole the sum appropriated therefor by the city council; but all the powers mentioned in this section shall be subject to any limitations and restrictions, contained in the ordinances, regulations and orders of the city council. To make annual SECT. 4. The Cochituate water board, on or before the Ibidts. fifteenth day of January, annually, shall present to the city council a report, containing a statement of the condi1 An ordinance providing for the care and management of the Boston water works, passed October 31, 1850. WATER. 425 tion of all the water works, and of the lands and other property connected therewith, with an account of all receipts and expenditures, together with any information or suggestions which they may deem important; and they shall, at Reports of city engineer and the same time transmit to the city council the report of the water registrar. city engineer, and the water registrar, mentioned in the thirteenth and sixteenth sections. SECT. 5. The Cochituate water board, whenever re- Scheduleof water rates. quested by the city council, shall prepare and send to the Ibid. city council a schedule of water rates. SECT. 6. The Cochituate water board are authorized to Cochituate water board may sell or lease such of the property connected with the water sell or lease property, &c. works as they may deem expedient, subject to the approval Ibid. of the mayor and aldermen; and all necessary deeds and leases shall be executed by the mayor and countersigned by the president of the board. SECT. 7. All bills for expenditures by the Cochituate Billsforexpenditures, how water board shall be drawn for by the president, examined drawn, examined, &c. by the auditor, and approved by the committee of accounts, Ibid. before they are paid by the treasurer. SECT. 8. The president of the Cochituate water board Duties of president of the board. shall exercise a general supervision over all the waterIbid. works, and the materials and property connected therewith, and over all subordinate officers and agents. In case of his absence, or inability, his duties may be performed by a president pro tempore, to be chosen by the said board. SECT. 9. There shall be chosen annually, in the month city engineer, how chosen, &c. of September or October, and whenever a vacancy occurs, [bid. by concurrent vote of the two branches of the city council, a city engineer, who shall be a citizen of Boston, and who shall hold his office until a successor is appointed, or he is removed. IIe shall be removable at the pleasure of the city council, and shall receive such compensation as the said council may from time to time determine. SECT. 10. The city engineer shall take such charge of To have charge of lake, aqueLake Cochituate, the aqueducts, lands, reservoirs, and ducts, lands, reservoirs, &c. other works and property connected with the water Works, Ibid. 54 426 WATER. as the Cochituate water board may from time to time direct; and he shall perform all such services in relation thereto as may be required of him by the Cochituate water board, or the city council. To have charge SECT. 11. The said city engineer, under the direction of plans of treets. and control of the mayor and aldermen, shall have charge To make all of all the plans of streets belonging to the city. He shall, surveys, &c. by himself or his assistant, for whom he shall be responsible, make all such surveys, admeasurements, and levels, and perform such other services, as may be required of him by the mayor and aldermen, or any committee of the city council. May appoint an SECT. 12. The said city engineer may appoint an asassistant. IbiA. sistant, subject to the approval of the mayor and aldermen, who shall receive such compensation as the city council may determine. To make an an- SECT. 13. The city engineer, on or before the fifth day nual report. Ibid. of January, annually, shall present to the Cochituate water board a report of the general condition of the water works, with a detailed statement of all expenditures in his department relating to the same, and such other matters as he or the said board may deem expedient. Water registrar, SECT. 14. There shall be chosen, annually, in the month how chosen, &c. Ibid. of September or October, and whenever a vacancy occurs, by concurrent vote of the two branches of the city council, a water registrar, who shall be a citizen of Boston, and who shall hold his office until a successor is appointed, or he is removed. He shall be removable at the pleasure of the city council, and shall receive such compensation as the said council may from time to time determine. To assess water SECT. 15. The water registrar, under the direction and rates. Ibid. control of the Cochituate water board, shall assess the water rates, according to the tariff established by the city council. Tovisitpremises He shall, once in each year, personally visit the premises of of takers, make out bills, &c. every person who takes the water, and shall make out and distribute all bills for the same, and he shall exercise a constant supervision over the use of the water, and attend to the enforcement of all regulations relative thereto. WATER. 427 SECT. 16. The water registrar, on or before the fifth To makeannual report. day of January, annually, shall present to the Cochituate Ibid. water board a report, containing a statement of the number of water takers, the number of cases where the water has been cut off the number and amount of abatements, the expenditures in his department, and such other matters as he or the said board may deem expedient. SECT. 17. The annual rent for the use of the water Water rent payable in advance, shall be payable to the city treasurer in advance, on the January 1. Ibid. first day of January in each year. All charges for specific supplies, or for fractional parts of the year, shall be payable in advance, and before the water is let on. SECT. 18. In all cases of non-payment of the water Supply to be cut off in case of rent for sixty days after the same is due, the water regis- non-payment. trar shall cut off the supply; and the water shall not again Ibid be let on, either for the present or any subsequent occupant, except upon the payment of the amount due, together with the sum of two dollars; provided, that, in cases of specific supplies, or for fractional parts of the year, where the water has been let on, it may be cut off immediately, after notice given at the place that the rent is not paid, and may be let on again upon the condition before mentioned. And the foregoing provisions shall apply, when two or more parties take the water through the same service pipes, although one or more may have paid the proportion due from him or them. SECT. 19. The water registrar, under the control of the Abatements may be made. Cochituate water board, may make abatements in the water Ibid. rents, in all proper cases. SECT. 20. The water registrar shall keep suitable books, Water registrar in which shall be entered the names of all persons who take &c.eeP books, the water, the kind of building, the name and number of Ibid the street, the nature of the use, the number of taps, and the amount charged, which shall be always open to the inspection of the Cochituate water board and any committee of the city council. He shall perform such other services as may be required of him by the city council, or the Cochituate water board. 428 WATER. No member of SECT. 21. No member of the Cochituate water board, the board, or oficer, to be and no person appointed to any office, or employed, by interested in any contract, virtue of this ordinance, or of the acts of the legislature &c., in relation to the water mentioned in the third section, shall be interested, directly works. Ibid. or indirectly, in any contract, bargain, sale, or agreement, in relation to the water works, or any matter or thing connected therewith, wherein the city is interested, without an express vote of the city council; and any and all contracts, bargains, sales or agreements, made in violation of this section, shall be utterly void as to the city. Penalty for SECT. 22. If any person shall open any hydrant within opening hydrant, &c. the city of Boston, or lift or remove the cover of the same, Ibid. without the license of the Cochituate water board, or of the city engineer or the water registrar, except in case of fire, he shall be liable to a penalty of not less than three nor more than twenty dollars. For opening SECT. 23. If any person shall make any opening or any pipe, or reservoir, &c. connection with any pipe or reservoir, without the license Ibid. mentioned in the preceding section, he shall be liable to a penalty of not less than three nor more than twenty dollars. For turning on SECT. 24. If any person shall turn on or turn off the or turning off the water, &c. water in any of the water pipes or reservoirs, without the Ibid. license mentioned in the twenty-second section, he shall be liable to a penalty of not less than three nor more than twenty dollars. For injuring any SECT. 25. Any person who shall injure any public resother reservoir, &c. ervoir, not connected with the Cochituate water works, or Ibid. who shall break and enter the same, and draw off, or cause to be removed, any of the water therefrom, except in case of fire, or unless duly authorized by the mayor and aldermen, or chief engineer of the fire department, shall forfeit and pay a sum not less than one dollar nor more than twenty dollars. Water not to be SECT. 26. The water shall not be sold or delivered to sold to parties out of the city, any parties out of the limits of the city, unless by special unless, &C. Ibid. vote of the city council, except in cases where contracts have already been entered into and arrangements made for that purpose. WATER. 429 SECT. 27. The following regulations shall be considered Regulations under which the a part of the contract with every person who takes the water shall be taken. water; and every such person, by taking the water, shall Ibid. be considered to express his assent to be bound thereby. They shall be printed upon every bill for water rent, and whenever any one of them is violated, the water shall be cut off from the building or place of such violation, although two or more parties may receive the water through the same pipe, and shall not be let on again, except by the order of the Cochituate water board, and on the payment of two dollars; and in case of any such violation, the said board shall have the right to declare any payment made for the water, by the person committing such violation, to be forfeited, and the same shall thereupon be forfeited. The said regulations are as follows, namely:1. All persons taking the water shall keep the service Takers to keep service pipes in pipes within their premises, including any area beneath the good repair. sidewalk, in good repair, and protected from frost, at their own expense; and they will be held liable for all damage which may result from their failure to do so. 2. They shall prevent all unnecessary waste of water, To prevent waste, and use and there shall be no concealment of the purposes for which no concealment. it is used. 3. No alteration shall be made in any of the pipes or No alteration to be made, exfixtures inserted by the city, except by its agents, who are cept, &ex-. to be allowed to enter the premises supplied, to examine the apparatus, and to ascertain whether there is any unnecessary waste. 4. No water is allowed to be supplied to parties not Water not to be -nless supplied to other entitled to the use of it under the city ordinances, unless parties, unless, &c. by special permission. 5. The use of the hand hose is restricted to one hour Use of hand hose restricted. before eight of the clock in the forenoon, and one hour after sunset. 6. The water registrar may enter the premises of any Water registrar may enter premwater taker, to examine the quantity used, and the manner ises to examine. of use. SECT. 28. This ordinance shall take effect on and after When this ordinance shall take the first day of January in the year eighteen hundred and effect. Ibid. 430 WEIGHTS AND MEASURES. fifty-one: provided, however, that the officers provided therein to be chosen by the city council, may be chosen during the present municipal year. WEIGHTS AND MEASURES. STATUTES. 14. Trying and sealing hay-scales, 1. Appointment of sealers of &c. Fees. Penalty for using weights and measures. hay-scales, &c., not sealed. 2. Same subject. 15. County standards shall be tried 3. How removable. once in ten years, &c. Penalty. 4. Each town sealer to have com- 16. County and town treasurers plete sets of standards. shall keep sets of weights, 5. County and town treasurers to measures and balances. How keep seals. the same shall be made. 6. Sealer of weights and meas- 17. Standards shall be furnished ures shall keep a house or of- by commonwealth. fice, where weights, measures, 18. County, city and town treas&c., shall be sent to be sealed. urers shall provide places for 7. Sealer shall go to houses, keeping the same. stores, and shops, of such as 19. Shall have care of same, keep neglect to bring in weights, them in repair, and replace measures, &c., and shall seal them when lost, &c. the same. Double fees and cex- 20. Penalty for neglect. penses. Penalty for refusing to 21. Town and city standards shall have weights, &c., sealed. Pen- be sealed once in ten years. alty for using same without seal- Penalty. ing. Penalty for altering same. 22. Sealers accountable to towns 8. Standard weights,measures and for preservation of standards. balances. To be in care and 23. Penalty for neglect of sealers. custody of treasurer of com- 24. Vibrating steel-yards allowed monwealth. to be used, if sealed. 9. Description of same. 25. Provisions respecting measures 10. Of seals to be used. for salt and grain. 11. Treasurer to appoint deputy, 26. "Hundred weight" to be conand to make duplicates of strued the net hundred. standards for his use. 27. Public weighers to weigh ac12. Fee for sealing. cording to the preceding sec13. Sealers to give notice annually, tion. and to seal all weights, &c. 28. Who shall be deemed a public Penalty for selling by weights, weigher. His duty in weighing. measures, &c., not sealed. Penalty for breach thereof. ORDINANCE. Two sealers of weights and measures to be appointed. WEIGHTS AND MEASURES. STATUTES. 1. The Revised Statutes, chapter 15, section 38, pro- Appointment of sealers of vide that the selectmen of each town shall, in the month of weights and measures. March or April annually, appoint, unless the inhabitants R. s. 15, ~ 38. themselves, at their annual meeting, shall choose the same, one sealer of weights and measures; and any other number which the inhabitants shall at their annual meeting, vote to have appointed. 2. The Revised Statutes, chapter 30, section 12, pro- Same subject. vide, that one or more suitable persons shall be annually. s. 30, appointed in each town, in the manner provided in the fifteenth chapter, to be sealers of weights and measures for such town. 3. The thirteenth section of the same chapter provides, How removable. that the selectmen may remove from office any sealer of. weights and measures in their town, and may fill all vacancies occasioned by such removal or otherwise.1 4. The fourteenth section of the same chapter provided, Each town sealer to have comthat, when any town shall vote to have more than one plete sets of standards. sealer of weights and measures, the treasurer of the town Ibid,. 14. shall, at the expense thereof, procure and preserve the necessary additional seals, weights and measures specified in said chapter; so that each sealer in such town may have complete sets of the same. 5. The fifth section provided, that the county treasurers County and town treasurers shall keep a seal for sealing town standards, and preserve to keep seals. the same: and the eighth section provided, that every Ibid,' 5,8. town treasurer shall keep a seal, for sealing the weights and measures of the inhabitants of the town. 6. By the statute of 1817, c. 50, it was provided, that Sealer of it shall be the duty of the sealer of weights and measures, weights and 1 Similar provisions to those stated in sections 1-4 in the text, were contained in stat. 1799, c. 60, which although afterwards repealed by the Revised Statutes, was in force at the time of the passage of the statute of 1821, c. 110, (City Charter.) By ~ 13 of the last mentioned statute, all the powers theretofore vested in the selectmen of the town of Boston, were vested in the mayor and aldermen. See ~ xx, p. 13, ante. 432 WEIGHTS AND MEASURES. keep a house or within and for the town 1 of Boston, to be provided with a office, where weights, meas- house, or office, and to which all persons using scale beams, ures, &c., shall be sent to be steelyards, weights or measures within the town 1 of Boston, sealed. 1817, 50, s 1. in trade, for the purpose of buying or selling any article, shall be required, after notice thereof shall have been given in two or more of the newspapers published within the said town1 to send annually their scale beams, steelyards, weights and measures, for the purpose of having the same tried, proved and sealed.2 Sealer shall go 7. It was also provided by the same act, that the said to houses, stores, and shops, of sealer is authorized and required, to go to the houses, stores such as neglect to bring i ea and shops of all such merchants, innholders, traders, retailweights, measureals s&l td ers, and of all other persons living or residing within the said e'0, town of Boston, using beams, steelyards, weights or meas181-, 110, ~ 1. ures, for the purpose of buying and selling, as shall neglect to bring or send the same to the house or office of the sealer aforesaid: and there, at the said houses, stores and shops, on having entered the same with the assent of the occupant thereof, to try, prove and seal the same, or to send the same to his said house or office, to be tried, proved and sealed, and shall be entitled to demand and receive thereDouble fees, and for, double the fees he would be entitled to demand and expenses. receive for the same, if such beams, steelyards, weights and measures, had been sent to his said house or office; with all expenses attending the removal and transportaPenalty for re- tion of the same; and if any such person or persons shall fusal to have weights, ieas- refuse to have his, her or their beams, steelyards, weights ures, &c., sealed. or measures, so tried, proved and sealed, the same not having been tried, proved and sealed, within one year preceding such refusal, he, she or they shall forfeit and pay ten dollars for each offence; the one moiety to the use of the said town of Boston, the other moiety of the same to the sealer. 1 See ~ I, p. 2, ante. 2 This section referred, for the manner of sealing, and fees to be demanded, to stat. 1799, c. 60, which was repealed by the Revised Statutes. Its provisions, with several modifications, were incorporated in R. S. c. 30, and several additional statutes upon the subject have been passed. See the subsequent sections. Whether ~~ 6 and 7 in the text were not in effect repealed by the Revised Statutes, c. 30,-qucere. WEIGHTS AND MEASURES. 433 And if any such person or persons shall use any beam, Penaltyforusing same without steelyard, weight or measure, which shall not conform to sealing. the public standard, the same not having been tried, proved and sealed, within one year preceding such use of the same, he, she or they shall forfeit and pay ten dollars for each offence; the one moiety to the use of said town of Boston, and the other moiety of the same to the informer. And if Penalty for alterany such person or persons shall alter any beam, steelyard, ing same. weight or measure, after the same shall have been tried, proved and sealed, so as that the same shall, by such alteration be made not to conform to the public standard, and shall fraudulently make use of the same, he, she or they shall forfeit and pay fifty dollars for each offence, the one moiety to the use of the said town of Boston, and the other moiety of the same to the informer. 8. The several avoirdupois and troy weights and bal- Standard weights, measances, procured from the government of the United States ures, and balfor this commonwealth, by the commissioners appointed for 1847,242, ~ 1. that purpose in the year one thousand eight hundred and thirty-five, and also all weights, measures, and balances, that have since been received from the said government, for the purpose of being used as standards, shall hereafter be used as the sole authorized public standard of weights and measures of this commonwealth, and shall be in the To be in care care and custody of the treasurer of the commonwealth. tremonwearlth. 9. The said balances, weights, and measures shall be Description of same. preserved by the treasurer and used as public standards, Ibid, ~ 2. and are as follows, namely: one half bushel, one wine gallon, one wine quart, one wine pint, one wine half-pint, one yard measure; also, a set of avoirdupois weights consisting of fifty, twenty-five, twenty, ten, five, four, three, two, one pounds, and from eight ounces down to one dram; also, one set of troy weights, from five thousand pennyweights down to half a grain, and from one pound down to the ten-thousandth part of an ounce; and three sets of balances. 10. The seals, used by the various sealers of weightsof seals to be used. and measures, shall hereafter be as follows, to wit: by the bid, 3. treasurer of the commonwealth and his deputy, the letters C. M.; by the county treasurers, the initial and final let55 434 WEIGHTS AND MEASURES. ters of their respective counties, followed by the letters Co.; by town and city sealers, the name of their respective towns and cities, or such intelligible abbreviation thereof as the selectmen of the towns, or the mayor and aldermen of cities, may prescribe. Treasurer to ap- 11. The treasurer of the commonwealth shall keep the point deputy, and to make authorized public standard weights and measures in the duplicates of standards for state treasury; and he shall cause duplicates thereof to be his use. R. S. 30, P 4. made, which shall be kept by a deputy to be appointed by him; the said deputy shall be under oath, and shall give bonds for the faithful discharge of the duties of his office: and the said duplicates may be used by the said deputy for sealing weights and measures, in like manner, as the standards kept in the state treasury may be used by the treasurer, for the like purpose. Fee for sealing. 12. Each sealer of weights and measures, including the 1847, 242, Q 4. state deputy and county treasurer, shall receive a fee of three cents for every weight, measure, scale, beam or balance, by him sealed, except platform-balances; and a reasonable compensation for all repairs, alterations, and adjustments thereof, which may be necessary for him to make. Sealers, to give 13. Every sealer of weights and measures shall, in the notice, annually, and to seal all month of May, annually, give public notice, by advertising weights, &c. Ibid, S 1. in some newspaper, or posting up notifications in different parts of the town, stating the time and place when and where he will attend such of the inhabitants, as live within the limits described in the respective notifications, for every inhabitant of his town or city who uses weights and measures for the purpose of buying or selling, and for public weighers who have the same, to bring in their measures, weights, balances, scales, and beams, to be examined, adjusted, and sealed; and he shall forthwith adjust and seal all weights and measures brought to him for that purpose. And he shall deface and destroy all such as cannot be Penalty for sell- brought to the just standard. And every person who shall ing by weights, measures, &c., presume to sell by any other weights, measures, scales, not sealed. beams, or balances, than those which have been sealed as before provided, or as provided in the following section, shall forfeit and pay a sum not exceeding twenty dollars WEIGHTS AND MEASURES. 435 for every such offence; one half to enure to the use of the town or city, the other half to the complainant.' 14. The sealers of every town and city shall go, once Trying and sealing hay scales, in every year, to every hay scale and platform-balance, &c. which cannot be readily removed, and try, adjust, and seal 1847, 242, ~ 6. the same, for which he shall be entitled to a fee of one dol- Fees. lar and fifty cents for every such scale or platform-balance, weighing five thousand pounds and upwards; and for every scale or platform-balance, weighing less than five thousand pounds, he shall be entitled to a fee of fifty cents; and all repairs and alterations, which it shall be necessary for him to make, shall be the subject of an additional charge. Any Penalty for using hay scales, &c., person using such scale or platform-balance, in buying or not sealed. selling, that has not been so tried, adjusted, and sealed, at least once in every year, shall be subject to the same forfeiture as provided in the preceding section, to be appropriated in'the manner therein provided. And no sealer of weights and measures, except for the purposes of this section, shall carry his standard of weights, measures, and scales, from one place to another, for the purpose of adjusting others within the town or city. 15. Every county treasurer shall, once at least in every County standten years, at the expense of the county, have the county tried once in ten years, &c. standards tried, adjusted, and sealed, by the treasurer of Lbid, ~ 7. the commonwealth, or his deputy; and every town and city sealer shall, once at least in five years, at the expense of the town or city, have the town or city standards tried, 1 By Rev. Stat. c. 36, ~~ 47, 48, a special provision is made for weights used in banks, as follows:SECT. 47. The directors of the several banks, once in five years, shall have all the weights used in their respective banks compared, proved and sealed by the treasurer of the commonwealth, or by some person specially authorized by him for that purpose; which shall supersede, so far as respects such banks, the sealing of their weights by the town sealer. SECT. 48. No tender of gold, by any bank, weighed with weights other than those compared, proved and sealed, as required in the preceding section, shall be legal; and the payer or receiver may also require that the gold shall be weighed in each scale, and the mean weight resulting therefrom shall be considered as the true weight. How far this provision is affected by stat. 1847, c. 242, ~ 5, as given in the text,-qucere. 436 WEIGHTS AND MEASURES. adjusted, and sealed, by the treasurer of the county in which the sealer resides, or by the treasurer of the comPenalty. monwealth, or his deputy.' And every treasurer or sealer who shall refuse or neglect to have their standards sealed, as herein provided, shall forfeit to the use of the commonwealth a sum not exceeding fifty dollars. County and 16. The treasurer of each county, and the treasurer of town treasurer shallkeep sets each town, shall keep a complete set of the said weights, of weights, measures and measures, and balances, except the troy weight. Said balances. How the same weights and measures shall be made of copper, cast brass, shall be made. Ibid, ~ 8. or cast iron; the weights of four pounds, and all under that 1848, 332, 6. weight, to be made of brass; the larger weights may be made of iron, and all to be turned and finished. The liquid and dry measures shall be made of durable thickness, and, if made of brass or iron, shall be turned inside and on the top edge or rim. The balances shall be made of brass, steel, or iron, and, in all cases, the edges and bearings shall be of hardened steel, or agate. The dry measures to be made, in form and dimensions, to conform to the aforesaid standard; all to be proved, sealed, and marked by said standard as aforesaid. Standards shall 17. There shall be furnished, to the treasurer of each be furnished by commonwealth. county, and the treasurer of each city and town, in this 1848 332, 1. commonwealth, at the expense of the commonwealth, a complete set of the standard weights, measures, and balances, such as the treasurer of each county and the treasurer of each town is required to keep, by the provisions of the preceding section. County,city, and 18. The treasurer of each county, and the treasurer of town treasurers shall provide each city and town, shall provide, at the expense of such ing the same.for kee county, city, and town, respectively, some suitable place, in Ibid, Q 2. their said counties, cities, or towns, for the safe and suitable keeping and preservation of said weights, measures, and balances; and all expenses attending the boxing, putting up, transporting, and depositing, in their destined 1 So much of this section as relates to town and city standards appears to be repealed by stat. 1848, c. 332, ~ 5. See ~ 21, p. 437, post. WEIGHTS AND MEASURES. 437 locations, said weights, measures, and balances, shall be defrayed by the counties, cities, and towns, respectively. 19. The treasurer of each county, and the treasurer of Shall have care of same, keep each city and town, shall have the care and oversight ofthem in repair, and replace said weights, measures, and balances, and shall see that them when lost, the same are kept in good order and repair; and, in case Ibid, ~ 3. they are lost, destroyed, or irreparably damaged, shall replace the same by similar weights, measures, and balances; and all expenses incurred under the provisions of this section, shall be defrayed by the counties, cities, and towns, respectively. 20. If the treasurer of any county, city, or town, shall Penalty for neglect. neglect to provide a suitable place, to keep the said weights, Ibid, ~ 4. measures, and balances, or shall neglect to keep them in good order and repair, or shall suffer them to be lost, damaged, or destroyed, through his neglect, contrary to the true meaning and intent of this act, he shall forfeit the sum of two hundred dollars, to be recovered, by indictment, to the use of the commonwealth. 21. Every town and city treasurer shall, once at least Town and city standards shall in ten years, at the expense of the town or city, have the be sealed once in ten years. town or city standards of weights, measures, and balances, Ibid, ~ 5. tried, adjusted and sealed, by the treasurer of the county in which the city or town is situated, or by the treasurer of the commonwealth, or his deputy; and every town or Penalty. city treasurer, who shall neglect to have the standards under his charge sealed, as herein provided, shall forfeit, to the use of the commonwealth, a sum not exceeding fifty dollars. 22. Every sealer of weights and measures shall receive Sealers accountof the town treasurer the town standards and seal, and eservation of shall give him a receipt therefor, expressing the condition R. s. 30, 15. in which the same may be; and he shall be accountable to the town for the due preservation of the same in the like condition, until he shall redeliver them to the treasurer. 23. If any sealer of weights and measures shall neglect Penalty for neglect of sealers. to perform his duty, as prescribed in the thirtieth chapter R. S. 30, ~ 21. of the Revised Statutes, he shall for each neglect forfeit to the use of the town a sum not exceeding twenty dollars. 438 WEIGHTS AND MEASURES. Vibrating steel- 24. The vibrating steelyards, which have been heretoyards allowed to beused,ifsealed. fore allowed and used in this state, may continue to be used; provided, that each beam, and the poizes thereof, shall be annually tried, proved and sealed, by a sealer of weights and measures, like other beams and weights. Provisions re- 25. Every measure, by which salt or grain shall be specting measures for salt and sold, in addition to being comformable in capacity and digrain. Ibid, 23. ameter to the public standards, shall have a bar of iron across the middle thereof at the top, to be approved by a sealer of weights and measures, and a bar or standard of iron from the centre of the first mentioned bar to the centre of the bottom of the measure, to be approved in like manner; and every such measure shall be filled by shovelling such salt or grain into the same; and the striking thereof shall always be lengthwise of the said first described bar; and if any person shall sell or expose to sale any salt or grain, in any other measure, or shall fill or strike such measure, in any other manner than is provided in this section, he shall forfeit, to the use of the town where the offence is committed, the sum of fifty cents, for every bushel of salt or grain measured, filled or stricken contrary to the provisions of this section; provided, that salt may be measured from vessels in such measures as are used by the government of the United States, and that nothing contained in this section shall prevent the measuring of salt in tubs, or any proportional parts of hogsheads without bars, as may be determined by any town; and that the regulations of this section shall not take effect in any town, except where they shall be adopted by a vote, at a legal meeting of the inhabitants, and such vote shall have been published for the space of one month, in some newspaper printed in such town, or in its vicinity, if none is printed in the town. "Hundred 26. When any commodities shall be sold by the hunweight" to be construed the dred weight, it shall be understood to mean the net weight net hundred. Ibid, ~ 25. of one hundred pounds avoirdupois; and all contracts concerning goods sold by weight shall be understood and construed accordingly. Public weighers 27. Every public weigher of goods or commodities shall to weigh accord WELLS AND PUMPS. 439 weigh the same, according to the provisions of the preced- ing to the preceding section. ing section, and make his certificate accordingly. ceing, 2secion6. 28. Every public weigher, who shall offend against the Who shall be deemed a public provisions of the preceding section. shall for every such of- weigher; his duty in weighfence forfeit to the use of the town a sum not exceeding ten ing, and penalty for breach dollars; and every weigher of goods or commodities, ap- thereof. pointed by any town, and every weigher of goods or com- Ibid, ~ 27. modities, for hire or reward, shall be deemed and taken to be a public weigher, so far as relates to the provisions of this and the preceding section. I ORDINANCE OF THE CITY.2 Two sealers of weights and measures shall be appointed, Two sealers of weights and within the city of Boston. measures to be appointed. July 22, 1822. WELLS AND PUMPS. ORDINANCE OF TIIE CITY. 3 1. Public wells to be provided 3. Owner of estate to be released with pumps. Expense to be in certain cases. Proviso. assessed on persons using the 4. Penalty for injuring, &c., public same. pumps. 2. Owner of estate assessed to pay within ten days. I See 1837, c. 166. See also Wood, Bark and Charcoal. 2 An order providing for the appointment of two sealers of weights and measures, passed July 22, 1822. 3 An ordinance for the repair and keeping in order the public wells and pumps, passed December 30, 1833. 440 WELLS AND PUMPS. Public wells to SECT. 1. It shall be the duty of the mayor and alderbe provided with pumps. men, to keep supplied with suitable pumps, all wells belongDec. 30, 1833. ing to the city, and to keep the same in good order and Expense to be repair; and to cause the expense of providing such pumps, assessed on persons using the as well as keeping them in repair, and also a reasonable same. charge for the use of the same, to be annually assessed upon the owners of real estate in the vicinity of such well, and whose tenants make use of the same; and where such owners are absent or out of this commonwealth, or unknown, then they shall assess his or their proportion of the same, upon the tenants of such real estate, said assessment to be charged on said estate. Owner of estate SECT. 2. The owner or tenant of such real estate, as assessed to pay within ten days. the case may be, being assessed as aforesaid, shall pay the amount thereof into the city treasury within ten days from the time of the delivery of such notice; and in case of neglect thereof for the space of ten days, it shall be the duty of the city treasurer to prosecute for the same. Owner of estate SECT. 3. If the said owner or tenant, being assessed as to be released in certain cases. aforesaid, shall make it appear to the satisfaction of the Ibid. mayor and aldermen, that he has, upon his own estate, a good and sufficient well of water, and that neither he, nor any tenant or occupant of his estate, has made any use of, or has any necessity to resort to such public pump or well, in such case it shall be in the power of the mayor and aldermen to release such owner or tenant from the payment Proviso. of such assessment: provided, always, that in such case if it shall be made satisfactorily afterwards to appear, that any tenant or occupant of such estate, hath made use of said public well or pump, such owner or tenant shall be liable to pay double the amount of that, and of all other assessments, which may have been made upon such estate, if from the circumstances of the case, the mayor and aldermen shall see fit to demand the same. Penalty for in- SECT. 4. Whoever shall break or otherwise injure any juring, &c., public pumps. of the public pumps, or commit any trespass on the same, Ibid. shall forfeit and pay a sum not less than one dollar nor more than twenty dollars, to be recovered by complaint before the justices of the police court. 441 WOOD, BARK AND CHARCOAL. STATUTE. 10. Forfeitures, how recovered. 1. Dimensions of cord wood. 2. Penalty for selling wood, &c., ORDINANCE. not measured. 1. Places to be assigned for meas3. Fees. uring wood and bark, and for 4. Wood, brought in by water, the sale thereof. how measured.-Special pro- 2. Penalty for standing in place visions for Boston. not assigned, &c. 5. Carters to have tickets. 3. Measurers of wood and bark 6. Dimrensions of charcoal baskets. to be appointed. 7. Illegal baskets to be seized. 4. Fees. 8. Dimensions of charcoal boxes. 5. Measurers of wood and bark 9. Penalty for using other meas- brought by water, &c. ures. STATUTE. 1. All cord wood exposed to sale shall be either four Dimensions of cord wood. feet, three feet, or two feet long, including half the carf; R. S. 28, ~ 200. and the wood, being well and close laid together, shall measure in quantity equal to a cord of eight feet in length, four feet in width, and four feet in height. 2. If any fire wood or bark, exposed to sale in any Penalty for selling wood, &c., market, or upon any cart or other vehicle, shall be offered not measured. for sale before the same shall have been measured by a public measurer of wood and bark, and a ticket thereof signed by him delivered to the driver, certifying the quantity of wood which the load contains, the name of the driver, and the town in which he resides, the driver and owner of such wood or bark shall, for each load thereof, severally forfeit the sum of five dollars, to the use of the town where such wood or bark shall be so offered for sale. 3. The measurers of wood and bark1 in any town shall Fees. be entitled to such fees for their services, as the selectmen bid, 202. of such town shall establish; and the said fees shall, in 1 See Rev. Stat. c. 15, ~ 33, requiring measurers of wood and bark to be sworn to the faithful discharge of the duties of their office. 56 442 WOOD, BARK AND CHABCOAL. each case, be paid to the measurer, by the driver, and shall be repaid by the purchaser. Wood, brought 4. All cord wood, brought by water into any town for in by water, how nmeasllred. sale and landed, shall be measured by a measurer, sworn as Iid, 203. aforesaid; and for that purpose, the wood shall be corded and piled by itself in ranges, making up in height what shall be wanting in length, and being so measured, a ticket shall be given to the purchaser. who shall pay the stated Special provis- fees for such service; provided, that in the city of Boston, the city government may establish ordinances and regulations, with suitable penalties, for the inspection, survey, admeasurement and sale of wood, coal and bark for fuel, brought by water into said city for sale, and that the said city may also provide for the appointment of such surveyors, inspectors and other officers, and establish their fees of office. Carters to have 5. Each wharfinger, carter or driver, who shall convey tickets. Ibid,, 204. any firewood or bark from any wharf or landing place in any town, shall be furnished by the owner or seller of such wood or bark, with a ticket certifying the quantity which the load contains, and the name of the driver; and if any firewood or bark shall be conveyed as aforesaid, without such ticket accompanying the same, or if any driver shall refuse to produce and show such ticket on demand, to any measurer duly sworn as aforesaid, or to give his consent to have the same measured, or if such tickets shall certify a greater quantity of wood or bark than the load contains, in the opinion of the measurer aforesaid, after measuring the same, the driver and owner of such wood or bark shall, for each load thereof, forfeit the sum of five dollars, to the use of the town where the offence shall be committed; provided, nevertheless, that nothing contained in this chapter shall be construed to extend to any person who shall transport or cart, or cause to be transported or carted, from any wharf or landing place to his own dwelling house or store, any cord wood or bark which he shall have purchased on such wharf or landing place, or shall have landed thereon upon his own account. WOOD, BARK AND CHARCOAL. 443 6. All baskets, used in measuring charcoal for sale, Dimensions, In&c., of charcoal shall contain two bushels, and shall be of the following baskets. Ibid, ~ 205. dimensions, to wit; nineteen inches in diameter in every part thereof, and seventeen inches and a half deep, measuring from the top of the basket to the highest part of the bottom; and the basket shall be well heaped, and also be sealed by the sealer of the town, where the person so using the same shall usually reside; and every person, who shall measure any charcoal, offered for sale in any basket of less dimensions, or not sealed as aforesaid, shall forfeit for each offence fifty cents, to the use mentioned in the preceding section, and such basket shall also be destroyed. 7. The selectmen of any town may appoint some suit- Illegal baskets able person, to seize and secure all baskets, used for inceas- Ibid, O 206. uring coal, that shall not be of the dimensions prescribed in the preceding section, and sealed as therein required, and may also prosecute all persons, who shall offend against the said provisions. 8. In the sale of charcoal, it shall further be lawful to Dimensions of charcoal boxes. measure the same in boxes of the following capacities, Ibid, 207. namely; of two bushels, five bushels, ten bushels, and twenty bushels, said boxes being first duly sealed; and five thousand one hundred and twenty-eight cubic inches shall be deemed equal to two bushels, or the heaped basket above described. 9. Every person, who shall measure charcoal offered Penalty for using other for sale in any box of other capacity, or not sealed as afore- measures. said, shall forfeit for each offence one dollar. 10. All the forfeitures, mentioned in the four preceding Forfeitures, how recovered. sections, may be recovered by indictment.' Ibid, ~ 209. 1 An act was passed in 1849, c. 143, respecting the sale of anthracite coal; but it was repealed by stat. 1850, c. 25. 444 WOOD, BARK AND CHARCOAL. ORDINANCE OF THE CITY.1 Places to be SECT. 1. The mayor and aldermen may assign as many assigned for measuring wood places for the measuring of wood and bark, brought into and bark, and m for the sale the city by land for sale, as they may deem expedient; and thereof. Oct. 31, 1850. they may assign places for the sale of such wood and bark. Penalty for SECT. 2. Any person bringing wood or bark as aforestanding in place not assign- said, into the city for sale, who shall, before or after the ed, &c. Ibid. same has been duly measured, stand for the sale thereof in any other street or place than those appointed by the mayor and aldermen, shall forfeit and pay the sum of not less than two nor more than twenty dollars for each offence. Measurers of SECT. 3. The mayor and aldermen may annually apwood and bark to be appointed. point as many measurers of such wood and bark as they Ibid. may deem expedient, who shall serve during the year, and until others are chosen and qualified in their stead, and who shall have all the powers, and perform all the duties of measurers of such wood and bark, mentioned in the laws of the commonwealth. I Fees. SECT. 4. Measurers of wood and bark shall be entitled Ibid. to such fees for their services as the mayor and aldermen shall establish, to be paid according to law. Measurers of SECT. 5. The mayor and aldermen may annually apwood and bark brought by point four or more measurers of wood and bark brought water, &c. Ibid. by water into the city for sale and landed, who shall serve during the year, and until others are appointed and qualified in their stead, and who shall be entitled to such fees as the mayor and aldermen shall establish, to be paid by the purchaser; and such measurers shall have all the powers and perform all the duties of measurers of wood and bark brought into the city by water for sale, mentioned in the laws of the commonwealth. 1 An ordinance relating to the measuring of wood and bark, passed October 31, 1850. 445 REVISED ORDINANCES. ORDINANCE OF THE CITY.1 1. The ordinances in this book 3. Saving of rights accrued, suits declared to be the ordinances pending, &c. of the city. 4. How copies of the revised ordi2. Repeal of inconsistent ordi- dinances shall be kept, &c. nances, and of certain specified 5. Copies for city council. ordinances. SECT. 1. All the ordinances printed and contained in Theordinances in this book dethe preceding pages, that is to say, in a certain book, pre- dared to be the ordinances of pared by the city solicitor, and printed under the direction the city. of Henry B. Rogers, Moses Grant, William G. Brooks,ov. 7,0. Albert T. Minot, and Daniel N. Haskell, a committee duly appointed, and authorized for that purpose, by a vote of the city council of the city of Boston, passed on the eighteenth day of February, in the year eighteen hundred and fifty, shall be deemed and are hereby declared to be, ordinances of the said city, and shall have the force thereof. SECT. 2. All orders, ordinances and parts of orders and Repeal of inconsistent ordiordinances, inconsistent with any of the preceding ordi- nances, and of certain specified nances, are hereby repealed, more particularly the orders, ordinances. ordinances and parts of orders and ordinances, hereinafter Ibid. specified in this section, that is to say: An order to continue in force the by-laws and orders of the town of Boston, passed May 2, 1822. An order for the election of certain city officers, passed May 9, 1822. An ordinance authorizing the election and prescribing the duties, of the city marshal, passed June 18, 1823. An ordinance for regulating the office hours of the public officers of the city, passed January 10, 1825. An ordinance relative to the acts of the city council, and the enacting style, passed December 12, 1825. 1 An ordinance in relation to the revised ordinances, passed Novem. ber 7, 1850. 446 REVISED ORDINANCES. An ordinance directing the manner in which fines and penalties shall be recovered, passed December 22, 1825. An ordinance directing the manner in which the ordinances of the city council, and the orders of the mayor and aldermen shall be promulgated, passed December 19, 1825. An ordinance restraining the going at large of dogs within the city of Boston, passed December 26, 1825. An ordinance for the regulation of public porters and handcartmen, passed September 18, 1826. An ordinance to regulate common criers, passed October 9, 1826. An ordinance forbidding the firing of guns, prohibiting fire works in certain cases, and to prevent damage by fire, passed December 18, 1826. An ordinance to regulate theatrical exhibitions, passed December 18, 1826. An ordinance regulating the admeasurement of wood and bark, passed December 27, 1826. An ordinance providing for the appointment, and prescribing the duties, of an attorney and solicitor for the city of Boston, passed June 18, 1827. An ordinance establishing the office of superintendent of the Boston Free Bridge, and prescribing the duties of the same, passed October 21, 1828. An ordinance in addition to an ordinance, authorizing the election and prescribing the duties of the city marshal, passed May 25, 1829. An ordinance concerning the names of the streets in the city, passed January 18, 1833. An ordinance for the preventing and extinguishing fires, and establishing a fire department, passed July 15, 1833. An ordinance for regulating the weighing of hay and other articles, passed July 15, 1833. An ordinance establishing and regulating the quarantine of vessels, passed August 10, 1833. An ordinance establishing the office of superintendent of streets, and prescribing the duties thereof; to prevent unlawful and injurious practices in the streets of the city, and in relation to sidewalks, passed August 22, 1833. REVISED ORDINANCES. 447 An ordinance for the regulation of horses and carriages within the city of Boston, passed September 9, 1833. An ordinance for the regulation of Faneuil Hall Market, passed September 23, 1833. An ordinance to regulate the interment of the dead, passed September 26, 1833. An ordinance regulating the survey, and admeasurement of lumber brought into the city of Boston by water for sale, passed September 26, 1833. An ordinance prescribing rules and regulations relative to nuisances, sources of filth, and causes of sickness, within the city of Boston, passed October 7, 1833. An ordinance concerning the assessment and collection of taxes, passed October 21, 1833. An ordinance in relation to the common, and common lands of the city, and regulating the going at large of cattle, passed November 4, 1833. The sixth section of an ordinance concerning buildings and reservoirs in the city, and for preventing trespasses on the same, passed November 14, 1833. An ordinance relative to sewers and drains, passed February 13, 1834. An ordinance in addition to an ordinance to regulate the interment of the dead, passed April 11, 1834. An ordinance to provide forthe care and management of the public lands, passed April 10, 1834. An ordinance concerning the assessment and collection of taxes, passed May 16, 1836. An ordinance in addition to an ordinance to regulate the interment of the dead, passed April 20, 1837. An ordinance establishing the office of superintendent of the Boston South Bridge, passed May 25, 1837. An ordinance for preventing and extinguishing fires, and establishing a fire department, passed July 29, 1837. An ordinance in addition to an ordinance establishing the office of superintendent of streets, and prescribing the duties thereof; to prevent unlawful and injurious practices in the streets of the city; and in relation to sidewalks, passed Januarny 5, 1839. 448 REVISED ORDINANCES. An ordinance establishing the office of city attorney, passed April 16, 1839. An ordinance concerning the erection, alteration and repair of public buildings, passed April 23, 1840. An ordinance in addition to an ordinance to provide for the care and management of the public lands, passed September 17, 1840. An ordinance in addition to an ordinance concerning the erection, alteration and repair of public buildings, passed October 23, 1840. An ordinance in addition to an ordinance entitled " an ordinance establishing the office of superintendent of streets, and prescribing the duties thereof; to prevent unlawful and injurious practices in the streets of the city, and in relation to sidewalks," passed December 7, 1840. An ordinance in addition to an ordinance entitled " an ordinance prescribing rules and regulations relative to nuisances, sources of filth and causes of sickness within the city of Boston," passed February 11, 1841. The sixth and eleventh sections of an ordinance in relation to common sewers and drains, passed June 14, 1841. An ordinance to establish the office of port physician, passed June 21, 1841. An ordinance in addition to an ordinance to establish the office of port physician, passed December 20, 1841. So much of the second section of an ordinance regulating the survey and admeasurement of lumber brought into the city of Boston by water for sale, passed July 25, 1842, as is inconsistent with an ordinance in addition thereto, passed December 31, 1847. The first section of an ordinance relating to the Boston Lunatic Hospital, passed October 3, 1842, and so much of the fourth section of the same ordinance as is inconsistent with an ordinance in addition thereto, passed June 4, 1846. An ordinance in addition to an ordinance, entitled " an ordinance for preventing and extinguishing fires and establishing a fire department," passed December 12, 1842. REVISED ORDINANCES. 449 An ordinance in relation to sidewalks, passed February 9, 1843. An ordinance for the regulation of Faneuil Hall Market, passed March 2, 1843. An ordinance concerning the removal of buildings through the streets of the city, passed May 18, 1843. An ordinance concerning the sale of the public buildings, passed October 2, 1843. An ordinance relating to obstructions in the streets, passed May 30, 1844. An ordinance providing for the discharge of the duties of mayor in certain cases, passed February 7, 1845. The first section of an ordinance in addition to an ordinance for the care and management of the public lands, passed February 9, 1846. The fourth and seventh sections of an ordinance for the regulation of Faneuil Hall Market, passed October 26, 1846. An ordinance in addition to an ordinance to provide for the care and management of the public lands, passed December 24, 1846. An ordinance concerning the assessment, abatement and collection of taxes, passed March 30, 1848. An order in relation to the election of assessors, passed by the city council, March 5, 1849. An ordinance to prevent unlawful and injurious practices in the streets of the city, and in relation to sidewalks, passed May 11, 1848. An ordinance in addition to an ordinance to provide for the care and management of the public lands, passed January 11, 1849. An ordinance concerning the office and duties of city physician, and to establish health commissioners, passed May 10, 1849. An ordinance concerning the duties of the harbor master, passed May 10, 1849. An ordinance concerning the office and duties of port physician, passed May 17, 1849. 57 450 REVISED ORDINANCES. An ordinance in addition to an ordinance to regulate the interment of the dead, passed May 21, 1849. An ordinance constituting the board of health for the city, passed June 18, 1849. An ordinance providing for the appointment of a city registrar, and prescribing his duties, passed June 25, 1849. An order concerning public lands, passed February 7, 1850. The twentieth section of an ordinance in relation to streets, passed September 30, 1850.1 Saving of rights SECT. 3. The repeal in the preceding section shall not accrued, suits pending, &c. affect any act done or any right accruing or accrued, or established, or any suit or proceeding, had or commenced in any civil case, before the time when such repeal shall take effect, nor any offence committed, nor any penalty or forfeiture incurred, nor any suit or prosecution pending at the time of such repeal, for any offence committed, or for the recovery of any penalty or forfeiture incurred, under any of the provisions so repealed: and in all cases where any provisions of the preceding ordinances are made to go into operation at any time hereafter, the corresponding provisions, if any, of the said repealed ordinances or orders shall continue in force, until the said new provisions shall go into operation, subject, however, to any express regulations relating thereto which may be contained in the preceding ordinances: and all persons who, at the time when the said repeal shall take effect, shall hold any office under any of the ordinances or orders so repealed, shall continue to hold the same according to the tenure thereof, except those offices which may have been abolished, and those as to which a different provision shall have been made by the preceding ordinances: and no ordinance or order or part of an ordinance or order which has been heretofore repealed, shall be revived by the repeal, in the preceding section, of any of the ordinances or orders, or parts of ordinances or orders therein mentioned. 1 The section repealed is omitted in this volume, and the succeeding sections are re-numbered. REVISED ORDINANCES. 451 SECT. 4. All copies of the revised ordinances, not flow copies of the revised otherwise disposed of, shall be deposited with the auditor, ordinances shall subject to the direction and control of the standing com- Ibid. mittee on ordinances, and shall be on sale at such price as shall be determined from time to time by the said committee. SECT. 5. Every member of the city council shall be Copies forcity council. entitled to one copy of the revised ordinances. Ibid. APPENDIX. CITY CHARTER AND AMENDMENTS. (1) AN ACT ESTABLISHING THE CITY OF BOSTON. [Statute of 1821, Chap. 110.] SECT. 1. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the inhabitants of the town of City, andits rights, powers, Boston, for all purposes, for which towns are by law incor- &c. porated, in this commonwealth, shall continue to be one body politic, in fact and in name, under the style and denomination of the city of Boston, and as such, shall have, exercise, and enjoy, all the rights, immunities, powers, and privileges, and shall be subject to all the duties and obligations, now incumbent upon, and appertaining to said town, as a municipal corporation. And the administration of all the fiscal, prudential, and municipal concerns of said city, with the conduct and government thereof, shall be vested in one principal officer, to be styled the mayor; one select council, consisting of eight persons, to be denominated the board of aldermen; and one more numerous council, to consist of forty-eight persons, to be denominated the common council; which boards, in their joint capacity, shall be de- city officers. nominated the city council, together with such other board of officers, as are herein after specified. SECT. 2. Be it further enacted, That it shall be the To bedivided duty of the selectmen of Boston, as soon as may be, after into 12wa the passing of this Act, to cause a new division of the said 4:54I APPENDIX. town to be made into twelve wards, in such manner as to include an equal number of inhabitants in each ward, as nearly as conveniently may be, consistently with well defined limits to each ward; including, in such computation of numbers of inhabitants, persons of all descriptions, and taking the last census, made under the authority of the United States, as a basis for such computation. And it shall be in the power of the city council, herein after mentioned, from time to time, not oftener than once in ten years, to alter such divisions of wards, in such a manner as to preserve, as nearly as may be, an equal number of inhabitants in each ward. Election of city SECT. 3. Be it further enacted, That on the second officers. Monday of April, annually, the citizens of said city, qualified to vote in city affairs, shall meet together, within their respective wards, at such time and place, as the mayor and aldermen may, by their warrant, direct and appoint; and the said citizens shall then choose by ballot one warden and one clerk, who shall be resident in said ward, who shall hold their offices for one year, and until others shall be apDuty of warden pointed in their stead. And it shall be the duty of such warand clerk. den to preside at all meetings of the citizens of such ward, to preserve order therein; and it shall be the duty of such clerk, to make a fair and true record, and keep an exact journal of all the acts and votes of the citizens, at such ward meetings; to deliver over such records and journals, together with all other documents and papers held by him, in his said capacity, to his successor in such office. And if, at the opening of any annual meeting, the warden of such ward should not be present, the clerk of such ward shall call the citizens to order, and preside at such meeting until a warden shall be chosen by ballot. And if, at any other meeting, the warden shall be absent, the clerk, in such case, shall so preside, until a moderator or warden, pro tempore, shall be chosen; which may be done by nomInspectors of ination and hand vote, if the clerk so direct. At such elections. meeting also, five inspectors of elections shall be chosen for such ward, being residents therein, by ballot, to hold their offices for one year. And it shall be the duty of the war CITY CHARTER AND AMENDMENTS. 455 den and inspectors, in each ward, to receive, sort, count and declare all votes, at all elections within such ward. And the warden, clerk, and inspectors, so chosen, shall re- Duti-esof inspecspectively be under oath, faithfully and impartially to discharge their several duties, relative to all elections; which oath may be administered, by the clerk of such ward, to the warden, and by the latter, to the clerk and inspectors, or by any justice of the peace of the county of Suffolk; and a certificate of such oaths having been administered shall be entered in the record or journal, to be kept by the clerk of such ward. SECT. 4. Be it further enacted, That the warden or Powers of warother presiding officer of such ward meeting, shall have full power and authority to preserve order and decorum therein, and to repress all riotous, tumultuous, and disorderly conduct therein, and for that purpose, to call to his aid, any constable, or other peace officer, and also to command the aid and assistance of any citizen or citizens, who may be present; and any peace officer, or other citizen, neglecting or refusing to afford such aid, shall be taken and deemed to be guilty of a misdemeanor. And such warden shall also have power and authority, by warrant, under his hand, to cause any person or persons, who shall be guilty of any riotous, tumultuous, or disorderly conduct at such meeting, to be taken into custody, and restrained: provided however, Provisoes. That such restraint shall not continue after the adjournment or dissolution of such meeting: and providedfurther, that the person, so guilty of such disorderly conduct, shall be liable, notwithstanding such restraint, to be prosecuted and punished, in the same manner, as if such arrest had not been made. SECT. 5. Be it further enacted, That the citizens of said city, qualified to vote in city affairs, at their respective ward meetings, to be held on the second Monday in April, Choice,fmayo~r. annually, shall be called upon to give in their votes for one able and discreet person, being an inhabitant of the city, to be mayor of said city, for the term of one year. And all the votes so given in, in each ward, being sorted, counted, and declared by the warden and inspectors of elections. 456 APPENDIX. shall be recorded at large, by the clerk, in open ward meeting; and in making such declaration and record, the whole Returns ofvotes. number of votes or ballots, given in, shall be distinctly stated, together with the name of every person voted for, and the number of votes given for each person respectively; such numbers to be expressed in words at length; and a transcript of such record, certified and authenticated by the warden, clerk, and a majority of the inspectors of elections for each ward, shall forthwith be transmitted or delivered by such ward clerk, to the clerk of the city. And it shall be the duty of the city clerk, forthwith to enter such returns, or a plain and intelligible abstract of them, as they are successively received, upon the journal of the proceedings of the mayor and aldermen, or some other book to be Examination of kept for that purpose. And it shall be the duty of the mayor and aldermen to meet together, within two days after such election, and to examine and compare all the said returns, and to ascertain whether any person has a majority of all the votes given for mayor: and in case a majority is so given, it shall be their duty to give notice thereof, in writing, to the person thus elected, and also to make the Provision for same known to the inhabitants of said city. But if, on new meeting in case no election such an examination, no person appears to have a majority is made at the first. of all the votes given for mayor, the mayor and aldermen, for the time being, shall issue their warrants for meetings of the respective wards, for the choice of a mayor, at such time and place, as they shall judge most convenient: And the same proceeding shall be had in all respects, as are herein before directed, until a mayor shall be chosen by a Provision incase majority of all the voters, voting at such election. And in of the death, absence, &C., of case of the decease, inability, or absence of the mayor, and the mayor. the same being declared, and a vote passed by the aldermen and common council, respectively, declaring such cause, and the expediency of electing a mayor, for the time being, to supply the vacancy thus occasioned, it shall be lawful for the aldermen and common council to meet in convention, and elect a mayor to hold the said office until such occasion shall be removed, or until a new election. CITY CHARTER AND AMENDMENTS. 457 SECT. 6. Be it further enacted, That the citizens in Board of aldermen to I,e chotheir respective ward meetings, to be held on the second senannually. Monday of April, annually, shall be called upon to give in their votes for eight persons, being inhabitants of said city, to constitute the board of aldermen, for the ensuing year; and all the votes so given, being sorted, counted, and declared by the warden and inspectors, shall be recorded at large, by the clerk, in open ward meeting; and in making such declaration and record, the whole number of votes or ballots given in shall be particularly stated, together with the name of every person voted for, and the number of votes given for each person; and a transcript of such record, certified by the warden and clerk, and a majority of the inspectors of each ward, shall, by the said clerk, within two days, be transmitted to the city clerk; whereupon the same proceeding shall be had, to ascertain and determine the persons chosen as aldermen, as are herein before directed in regard to the choice of mayor, and for a new election, in case of the whole number required not being chosen at the first election. And each alderman, so chosen, shall be duly notified in writing, of his election, by the mayor and aldermen for the time being. SECT. 7. Be it further enacted, That the citizens of each ward, qualified to vote as aforesaid, at their respective ward meetings, to be held on the second Monday of April, annually, shall be called upon to give in their votes Common council to be elected for four able and discreet men, being inhabitants of said annually ward, to be members of the common council: and all the votes given in as aforesaid, in each ward, and being sorted, counted, and declared by the warden and inspectors, if it appear that four persons have a majority of all the votes given at such election, a public declaration thereof, with the names of the persons so chosen, shall be made in open ward meeting, and the same shall be entered at large, by the clerk of such ward, in his journal, stating particularly the whole number of votes given in, the number necessary to make a choice, and the number actually given for each of the persons, so declared to be chosen. But in case four persons are not chosen at the first ballot, a new ballot 58 458 APPENDIX. shall be opened for a number of common councilmen, sufficient to complete the number of four; and the same proceedings shall be had, as before directed, until the number Proviso for ad- of four shall be duly chosen: Provided however, That if the journmnent of meeting. said elections cannot conveniently be completed on such day, the same may be adjourned to another day, for that purpose, not longer distant than three days. And each of the persons so chosen as a member of the common council, in each ward, shall, within two days of his election, be furnished with a certificate thereof, signed by the warden, clerk, and a majority of the inspectors of such ward; which certificate shall be presumptive evidence of the title of such person to a seat in the common council; but such council, however, shall have authority to decide ultimately upon all questions relative to the qualifications, elections and returns of its members. Qualification of SECT. 8. Be it further enacted, That every male citizen electors. of twenty-one years of age and upwards, excepting paupers, and persons under guardianship, who shall have resided within the commonwealth one year, and within the city six months next preceding any meeting of citizens, either in wards, or in general meeting, for municipal purposes, and who shall have paid by himself or his parent, master or guardian, any state or county tax, which, within two years next preceding such meeting, shall have been assessed upon him, in any town or district in this commonwealth, and also every citizen who shall be, by law, exempted from taxation, and who shall be in all other respects qualified as above mentioned, shall have a right to vote at such meeting, and no other person shall be entitled to vote at such meeting. Officers to enter SECT. 9. Be itfurther enacted, That the mayor, alderon their duties on ist of May. men and common councilmen, chosen as aforesaid, shall enter on the duties of their respective offices on the first day of May, in each year, unless the same happen on a Sunday; and in that event, on the day following; and before entering on the duties of their offices, shall respectively be sworn, by taking the oath of allegiance and oath of office, prescribed in the constitution of this commonwealth, and Oath of office. an oath to support the constitution of the United States. And CITY CHARTER AND AMENDMENTS. 459 such oaths may be administered to the mayor elect, by any one of the justices of the supreme judicial court, or any judge of any court of record, commissioned to hold any such court, within the said city, or by any justice of the peace for the county of Suffolk. And such oaths shall and may be administered to the aldermen and members of the common council, by the mayor, being himself first sworn as aforesaid; and a certificate of such oaths having been taken, shall be entered in the journal of the mayor and aldermen, and of the common council, respectively, by their respective clerks. SECT. 10. Be it further enacted, That the mayor and Mayor and alderaldermen, thus chosen and qualified, shall compose one one body. board, and shall sit and act together as one body, at all meetings, of which the mayor, if present, shall preside; but in his absence, the board may elect a chairman, for the time being. The said board, together with the common council, in convention, shall have power to choose a clerk, who shall be sworn to the faithful discharge of the duties of his office, who shall be chosen for the term of one year, and General powers. until another person is duly chosen to succeed him; removable, however, at the pleasure of the mayor and aldermen; who shall be denominated the clerk of the city, and whose duty it shall be to keep a journal of the acts and proceed- May be chosen,urveyors of ings of the said board, composed of the mayor and alder- highways. men; to sign all warrants issued by them, and to do such other acts in his said capacity, as may, lawfully and reason- 1823, ch. 2. ably, be required of him; and to delimv over all journals, books, papers and documents, entrusted to him as such clerk, to his successor in office, immediately upon such successor being chosen and qualified as aforesaid, or whenever he may be thereto required by the said mayor and aldermen. And the city clerk thus chosen and qualified, shall have all the powers, and perform all the duties, now by Duties oflerk. law, belonging to the town clerk of the town of Boston, as if the same were particularly and fully enumerated, except in cases where it is otherwise expressly provided. SECT. 11. Be it further enacted, That the persons, so Common council to act as a separchosen and qualified, as members of the common council of ate body. the said city, shall sit and act together as a separate body, 460 APPENDIX. distinct from that of the mayor and aldermen, except in those cases in which the two bodies are to meet in convenGeneral powers. tion; and the said council shall have power, from time to time, to choose one of their own members to preside over their deliberations, and to preserve order therein, and also Clerk to be to choose a clerk, who shall be under oath faithfully to dischosen charge the duties of his office, who shall hold such office, His duty. during the pleasure of said council, and whose duty it shall be to attend said council, when the same is in session, to keep a journal of its acts, votes and proceedings, and to perform such other services in said capacity, as said council may require. All sittings of the common council shall be public; also all sittings of the mayor and aldermen, when they are not engaged in executive business. Twentyfive members of the common council shall constitute a quorum for the transaction of business. SECT. 12. Be itfurther enacted, That the mayor of the said city, thus chosen and qualified, shall be taken and deemed to be the chief executive officer of said corporation: Compensation of and he shall be compensated for his services by a salary, the mayor. to be fixed by the board of aldermen and common council, in city council convened, payable at stated periods; which salary shall not exceed the sum of five thousand dollars annually, and he shall receive no other compensation or emoluments whatever; and no regulations enlarging or diminishing such compensation shall be made, to take effect until the expiration of the year, for which the mayor then His duty- in office shall have been elected. And it shall be the duty of the mayor to be vigilant and active at all times, in causing the laws for the government of said city to be duly executed and put in force; to inspect the conduct of all subordinate officers in the government thereof, and, as far as in his power, to cause all negligence, carelessness, and positive violation of duty, to be duly prosecuted and pun-may call meet- ished. He shall have power, whenever, in his judgment, officers. the good of said city may require it, to summon meetings of the board of aldermen and common council, or either of them, although the meeting of said boards, or either of them, may stand adjourned to a more distant day. And it CITY CHARTER AND AMENDMENTS. 461 shall be the duty of the mayor, from time to time, to communicate to both branches of the city council all such information, and recommend all such measures as may tend to the improvement of the finances, the police, health, security, cleanliness, comfort, and ornament of the said city. SECT. 13. Be it further enacted, That the administra- Powers of mayor tion of police, together with the executive powers of the said corporation generally, together also with all the powers heretofore vested in the selectmen of the town of Boston, either by the general laws of this commonwealth, by particular laws relative to the powers and duties of said selectmen, or by the usages, votes, or by-laws of said town, shall be, and hereby are vested in the mayor and aldermen, as hereby constituted, as fully and amply as if the same were herein specially enumerated. And further, the said To grant mayor and aldermen shall have full and exclusive power to grant licenses to innholders, victuallers, retailers and confectioners, within the said city, in all cases wherein the court of sessions for the county of Suffolk, on the recommendation of the selectmen of Boston, have heretofore been authorized to grant such licenses; and in granting such licenses, it shall be lawful for the said mayor and aldermen to annex thereto such reasonable conditions in regard to time, places, and other circumstances, under which such license shall be acted upon, as, in their judgment, the peace, quiet and good order of the city may require. Also to take bonds of all persons so licensed, in -andtakebonds reasonable sums, and with sufficient sureties, conditioned licesPed. for a faithful compliance with the terms of their said licenses, and of all laws and regulations respecting such licensed houses: And said mayor and aldermen, after the granting of any such license, shall have power to revoke or suspend the same, if in their judgment the order and welfare of said city shall require it. And any person or persons who shall Forfeiture for acting as a tarpresume to exercise either of the said employments, within e,lrn &c., withsaid city, without having first obtained a license therefor, or in any manner, contrary to the terms of said license, or after the same shall have been revoked or suspended, such person or persons shall be liable to the same penalties and 462 APPENDIX. forfeitures, and to be prosecuted for, in the same manner as now by law provided, in case of exercising either of said employment without license from the court of sessions, for the county of Suffolk; and shall also be taken and deemed to have forfeited their bonds, respectively given aforesaid, upon which suits may be instituted against such licensed persons or their sureties, at the discretion of the said mayor and aldermen, and in such manner as they may direct, for the purpose of enforcing such forfeiture: Provided, however, That all innholders, retailers, confectioners, and victuallers, shall, on being licensed as aforesaid, pay the same sum now required by law; which sum shall be accounted for in the same way and manner as is now by law required. Mayorand alder- SECT. 14. Be it further enacted, That the mayor and men may license theatrical exhi- aldermen shall have power to license all theatrical exhibitions, &c., and regulate them. bitions and all public shows, and all exhibitions of whatever name or nature, to which admission is obtained on payment of money, on such terms and conditions as to them may seem just and reasonable; and to regulate the same, from time to time, in such manner as to them may appear necessary to preserve order and decorum, and to prevent the interruption of peace and quiet. And any person or persons who shall set forth, establish or promote any such exhibition or show, or publish, or advertise the same, or otherwise aid or assist therein, without a license so obtained as aforesaid, or contrary to the terms or conditions of such license, or whilst the same is suspended, or after the same is revoked by said mayor and aldermen, shall be liable to such forfeiture, as the city council may, by any by-law made for that purpose, prescribe. SECT. 15. Be it further enacted, That all other powers now by law vested in the town of Boston, or in the inhabitants thereof, as a municipal corporation, shall be, and hereby are vested in the mayor and aldermen, and common council of the said city, to be exercised by concurrent vote, each board as hereby constituted, having a negative upon the other. More especially, they shall have power to By-laws, make all such needful and salutary by-laws, as towns by the laws of this commonwealth have power to make and CITY CHARTER AND AMENDMENTS. 463 establish, and to annex penalties, not exceeding twenty dollars, for the breach thereof, which by-laws shall take effect and be in force from and after the times therein respectively limited, without the sanction or confirmation of any court, or other authority whatsoever: Provided, That Provisoes. such by-laws shall not be repugnant to the constitution and laws of this commonwealth: And provided also, That the same shall be liable to be annulled by the legislature thereof. The said city council shall also have power, from time to time, to lay and assess taxes for all purposes, for which towns are Assessment of by law required or authorized to assess and grant money, and also for all purposes, for which county taxes may be levied and assessed, whenever the city shall alone compose one county: Provided, however, That in the assessment Proviso. and apportionment of all such taxes upon the polls and estates of all persons liable to contribute thereto, the same rules and regulations shall be observed, as are now established by the laws of this commonwealth, or may be hereafter enacted, relative to the assessment and apportionment of town taxes. The said city council shall also have power to provide for the assessment and collection of such taxes, Collection of taxes. and to make appropriations of all public moneys, and provide for the disbursement thereof, and take suitable measures to ensure a just and prompt account thereof; and for these Assessors to be chosen. purposes, may either elect such assessors, and assistant assessors, as may be needful, or provide for the appointment or election of the same, or any of them, by the mayor and aldermen, or by the citizens, as in their judgment may be most conducive to the public good, and may also require of all persons entrusted with the collection, custody, or disbursement of public moneys, such bonds with such conditions and such sureties, as the case may in their judgments require. SECT. 16. Be it farther enacted, That the said city City council may appoint all council shall have power, and they are hereby authorized necessary city officers. to provide for the appointment or election of all necessary officers, for the good government of said city, not otherwise provided for; to prescribe their duties, and fix their com- ofhouse of pensation, and to choose a register of deeds, whenever the I'strh. 56. 464 APPENDIX. -and superin- city shall compose one county. The city council also shall tend public buildings. have the care and superintendence of the public buildings, and the care, custody, and management of all the property of the city, with power to lease or sell the same, (except the Common, and Faneuil Hall,) with power also to purchase property, real or personal, in the name, and for the use of the city, whenever its interest or convenience may, in their judgment, require it. Powers of board SECT. 17. Be it further enacted, That all the power of health transferred to city and authority now by law, vested in the board of health for council. the town of Boston, relative to the quarantine of vessels, and relative to every other subject whatsoever, shall be, and the same is hereby transferred to, and vested in the said city council, to be carried into execution by the appointment of health commissioners, or in such other manner as the health, cleanliness, comfort and order of the said city may in their judgment require, subject to such alterations as the legislature may from time to time adopt. City treasurer SECT. 18. Be it further enacted, That the mayor and to be chosen. aldermen of said city, and the said common council shall, as soon as conveniently may be, after their annual organization, meet together in convention, and elect some suitable and trustworthy person to be the treasurer of said city. Firewards. SECT. 19. Be it further enacted, That the citizens, at their respective ward meetings, to be held on the second Monday of April, annually, shall elect, by ballot, a number of persons, to be determined by the city council, but not less than three in each ward, to be firewards of said city, who together shall constitute the board of firewards for said city, and shall have all the powers, and be subject to all the duties, now by law appertaining to the firewards of the town of Boston, until the same shall be altered or Overseers of the qualified by the legislature. And the said citizens shall, at poor. the same time, and in like manner, elect one person in each ward, to be an overseer of the poor; and the persons thus chosen shall together constitute the board of overseers for said city, and shall have all the powers, and be subject to all the duties, now by law appertaining to the overseers of the poor for the town of Boston, until the same shall be CITY CHARTER AND AMENDMENTS. 465 altered or qualified by the legislature. And the said citi- School comzens shall, at the same time, and in like manner, elect one person in each ward, to be a member of the school committee, for the said city; and the persons so chosen shall, jointly with the mayor and aldermen, constitute the school committee for the said city, and have the care and superintendence of the public schools. SECT. 20. Be it further enacted, That all boards and Expenditures of public money to officers, acting under the authority of the said corporation, be accounted for and entrusted with the expenditure of public money, shall to city council. be accountable therefor to the city council, in such manner as they may direct. And it shall be the duty of the city council to publish and distribute, annually, for the information of the citizens, a particular statement of the receipts and expenditures of all public moneys, and a particular statement of all city property. SECT. 21. Be it further enacted, That in all cases in Mayor tonomiwhich appointments to office are directed to be made by the nate officers. mayor and aldermen, the mayor shall have the exclusive power of nomination; such nomination, however, being subject to be confirmed or rejected by the board of aldermen: Provided however, that no person shall be eligible Proviso. to any office, the salary of which is payable out of the city treasury, who at the time of his appointment, shall be a member either of the board of aldermen or common council. SECT. 22. Be it further enacted, That it shall be the duty of the two branches of the city council, in the month of May, in each year, after their annual organization, to meet in convention, and determine the number of represen- City council to fix the number tatives, which it may be expedient for the corporation to of'representasend to the general court in such year, within its constitu- court. tional limits, and to publish such determination, which shall be conclusive; and the number thus determined shall be specified in the warrant calling a meeting for the election of representatives; and neither the mayor, nor any alderman, or members of the common council, shall, at the same time, hold any other office under the city government. SECT. 23. Be itfurther enacted, That all elections for governor, lieutenant governor, senators, representatives, 59 466 APPENDIX. representatives to congress, and all other officers, who are to be chosen and voted for by the people, shall be held at meetings of the citizens, qualified to vote in such elections, in their respective wards, at the time fixed by law for those elections respectively. And at such meetings, all the votes given in, being collected, sorted, counted and declared, by Ward meetings, the inspectors of elections, in each ward, it shall be the of national and duty of the clerk of such ward to make a true record of the state officers. same, specifying therein the whole number of ballots given in, the name of each person voted for, and the number of votes for each, expressed in words at length. And a transcript of such record, certified by the warden, clerk, and a majority of the inspectors of elections in such ward, shall forthwith be transmitted or delivered by each ward clerk to the clerk of the city. And it shall be the duty of the city clerk forthwith to enter such returns, or a plain and intelligible abstract of them, as they are successively received, in the journals of the proceedings of the mayor and aldermen, or in some other book kept for that purpose. And it shall be the duty of the mayor and aldermen to meet toExamination gether within two days after every such election, and exand return of votes. amine and compare all the said returns, and thereupon to make out a certificate of the result of such election, to be signed by the mayor and a majority of ths aldermen. and also by the city clerk, which shall be transmitted, delivered, or returned, in the same manner as similar returns are by law directed to be made by the selectmen of towns; and such certificates and returns shall have the same force and effect in all respects, as like returns of similar elections, made by the selectmen of towns. And in all elections for representatives to general court, in, case the whole number proposed to be elected, shall not be chosen by a majority of the votes legally returned, the mayor and aldermen shall forthwith issue their warrant for a new election, and the same proceedings shall be had in all respects as are herein before directed, until the whole number shall be elected: Proviso. Provided however, That it shall be the duty of the selectmen of the said town of Boston, within twelve days from the passing of this Act, to call a meeting of the qualified voters CITY CHARTER AND AMENDMENTS. 467 of the said town to give in their ballots on the following question: Shall the elections for state and United States officers be holden in general meeting? And it shall be the duty of the selectmen to preside at the said meeting, to receive, sort, count and declare the votes given in, and to forward a certificate of the result to the secretary of the commonwealth, and publish the same in two or more of the newspapers printed in Boston; and if a majority of the votes so given in shall be in the negative, then the provisions of the preceding part of this section shall regulate the said elections in wards; but if a majority of the votes given in as aforesaid shall be in the affirmative, then the said elections for state and United States officers shall be holden in the manner prescribed by the constitution and laws of the commonwealth,. with the exception that the mayor and aldermen and city clerk shall perform the duties now required by law to be performed by the selectmen and town clerk. SECT. 24. Be it further enacted, That prior to every Ward lists of election of city officers, or of any officer or officers under voters to be the government of the United States or of this Commonwealth, it shall be the duty of said mayor and aldermen to make out lists of all the citizens of each ward, qualified to vote in such election, in the manner in which selectmen and assessors of towns are required to make out similar lists of voters, and for that purpose they shall have free access to the assessors' books and lists, and be entitled to the aid and assistance of all assessors, assistant assessors, and other officers of said city. And it shall be the duty of said mayor-and delivered to ward clerks and aldermen to deliver such list of the voters in each ward, for wardens' and inspectors' so prepared and corrected, to the clerk of said ward, to be use at elections. used by the warden and inspectors thereof at such election; and no person shall be entitled to vote at such election, whose name is not borne on such list. And to prevent all frauds and mistakes in such elections, it shall be the duty None to vote whose name is of the inspectors, in each ward, to take care that no person not on the list. shall vote at such election, whose name is not so borne on the list of voters, and to cause a mark to be placed against the name of each voter, on such list, at the time of giving in his vote. 468 APPENDIX. General meet- SECT. 25. Be it further enacted, That general meetings. ings of the citizens, qualified to vote in city affairs, may from time to time be held, to consult upon the common good, to give instructions to their representatives, and to take all lawful measures to obtain a redress of any grievances, according to the right secured to the people by the constitution of this commonwealth. And such meetings shall and may be duly warned by the mayor and aldermen, upon the requisition of fifty qualified voters of said city. Warrants for SECT. 26. Be it further enacted, That all warrants for meetings to be the meetings of the citizens, for municipal purposes, to be issued by mayor and aldermen. had either in general meetings or in wards, shall be issued by the mayor and aldermen, and shall be in such form, and shall be served, executed, and returned at such time, and in such manner, as the city council may, by any by-law, direct and appoint. Form of organ- SECT. 27. Be it further enacted, That for the purpose izing the city. Of organizing the system of government hereby established, and putting the same into operation in the first instance, the selectmen of the town of Boston, for the time being, shall seasonably, before the second Monday of April next, issue their warrants for calling meetings of the said citizens, in their respective wards, qualified to vote as aforesaid, at such place and hour as they shall think expedient, for the purpose of choosing a warden, clerk, and five inspectors of elections, and also to give in their votes for a mayor and eight aldermen, for said city, and four common councilmen, three firewards, one overseer of the poor, and one member of the school committee, for each ward; and the transcripts of the records of each ward, specifying the votes given for mayor and aldermen, firewards, overseers, and members of the school committee, certified by the warden, clerk, and a majority of the inspectors of such ward, shall, at said first Return of votes. election, be returned to the said selectmen of the town of Boston, whose duty it shall be to examine and comp.are the same.'And in case said elections shall not be complE.te at the first election, then to issue a new warrant, until such election shall be completed, and to give notice thereof, in the manner herein before directed, to the several persons CITY CHARTER AND AMENDMENTS. 469 elected. And at said first meeting, the clerk of each ward, under the present organization, shall call the citizens to order, and preside until a warden shall be chosen; and at said first meeting, a list of voters in each ward, prepared and corrected by the selectmen of the town of Boston, for the time being, shall be delivered to the clerk of each ward, to be used as herein before directed. SECT. 28. Be it further enacted, That so much of the Repeal of acts. act heretofore passed, relative to the establishment of a board of health for the town of Boston, as provides for the choice of members of the said board, and so much of the several acts relative to the assessment and collection of taxes within the town of Boston, as provides for the election of assistant assessors, also all such acts, and parts of acts, as come within the purview of this act, and which are inconsistent with, or repugnant to the provisions of this act, shall be, and the same are hereby repealed. SECT. 29. And whereas by the laws of this commonwealth, towns are authorized and required to hold their annual meetings, some time in the months of March or April, in each year, for the choice of town officers; and whereas, such meeting, in the month of March, in the present year, for the town of Boston, would be useless and unnecessarily burthensome; Therefore, Be it further enacted, That the annual town meetings, in March meetings suspended. the months of' March or April, be suspended, and all town officers now in office shall hold their places until this act shall go into operation. SECT. 30. Be it further enacted, That nothing in this act contained shall be so construed as to restrain or prevent the legislature from amending or altering the same, when- Legislative ever they shall deem it expedient. SECT. 31. Be it further enacted, That this act shall be void, unless the inhabitants of the town of Eoston, at a legal town meeting, called for that purpose, shall, by a writ- Conditional ten vote, determine to adopt the same within twelve days.' clause. [Approved, PFeb. 23, 1822.] 1 This act was adopted by-the citizens, March 4, 1822. (Boston Records, vol. 10, p. 457.) 470 APPENDIX. (2) AN ACT PROVIDING FOR THE ASSESSMENT OF TAXES IN THE COUNTY OF SUFFOLK. [Statute of 1822, Chap. 85.] Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the city council of the city of Boston shall City council have power, from time to time, to lay and assess taxes in may lay taxes, the county of Suffolk, for all purposes for which county taxes may be levied and assessed, so long as the town of Chelsea shall continue not to be liable to taxation for any county purposes. [Approved, Feb. 10, 1823.] (3) AN ACT CONCERNING SURVEYORS OF HIGHWAYS IN BOSTON. [Statute of 1823, Chap. 2.] Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the city council of the city of Boston shall have the power and authority of electing, if they see fit, the mayor and aldermen of said city, surveyors of highways for said city, any thing in the act establishing the city of Boston to the contrary notwithstanding. [Approved, June 10, 1823.] (4) AN ACT CONCERNING THE REGULATION OF THE HOUSE OF CORRECTION IN THE CITY OF BOSTON, AND CONCERNING THE FORM OF ACTIONS COMMENCED UNDER THE BYLAWS OF SAID CITY, AND PROVIDING FOR FILLING VACANCIES IN THE BOARD OF ALDERMEN. [Part of Statute of 1824, Chap. 28.] Vacancies in the SECT. 6. Be it further enacted, That in case of the board of aldermen, how filled. death or resignation of any member of the board of alder CITY CHARTER AND AMENDMENTS. 471 men, the citizens of Boston shall have power to fill such vacancy at any regular meeting that may thereafter be convened for that purpose. [Approved, June 12, 1824.] (5) AN ACT IN FURTHER ADDITION TO AN ACT, ENTITLED " AN ACT ESTABLISHING THE CITY OF BOSTON." [Statute of 1824, Chap. 49.] SECT. 1. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the election of the mayor, al- Timeofelection dermen and common councilmen, and such other officers of the city of Boston, as are now by law to be chosen on the second Monday in April, annually, shall in future be made on the second Monday in December, annually, and the said officers so chosen shall hold their respective offices for the same term of time, and the same proceedings shall be had in relation to such elections, as is provided in and by the act, entitled " an act establishing the city of Boston," to which this is in addition: provided, nevertheless, that the next Proviso. choice of the said city officers shall be made at such time, and in such manner, as are prescribed in and by the act aforesaid, and the officers so elected shall severally hold their offices until the first Monday of January next, any thing in this act to the contrary notwithstanding. SECT. 2. Be it further enacted, That the officers chosen Entrance upon under and by virtue of this act, shall enter on the duties of office. their respective offices on the first Monday of January in each year, and shall be liable to all the duties and restrictions, and shall exercise all the powers to which the said officers are respectively subject or entitled, under and by virtue of the act to which this is in addition, and of all other acts having relation to this subject matter. SECT. 3. Be it further enacted, That this act shall be This act, how void, unless the inhabitants of the city of Boston, at anyd. general meeting duly warned by public notice, of at least fourteen days, by the mayor and aldermen, shall, within 472 APPENDIX. sixty days from the passing hereof, by written vote, adopt the same. 1 Repeal. SECT. 4. Be itfurther enacted, That all the provisions of the act to which this is in addition, or of any other act inconsistent with the provisions of this act, shall be, and hereby are repealed. [Approved, Jan. 27, 1825.] (6) AN ACT PROVIDING IN CERTAIN CASES FOR THE ELECTION OF MAYOR OF THE CITY OF BOSTON. [Statute of 1830, Chap. 7.] Mayor, how SECT. 1. Be it enacted by the Senate and House of elected in certain cases. Representatives, in General Court assembled, and by the authority of the same, That whenever, on'examination by the mayor and aldermen of the city of Boston, of the returns of votes given for mayor, at the meetings of the wards holden for the purpose of electing that officer, last preceding the first Monday of January, in each year, no person shall appear to have a majority of all the votes given for mayor, the mayor and aldermen, by whom such examination is made, shall make a record of that fact, an attested copy of which it shall be the duty of the city clerk to produce and read, on the first Monday of January, in the presence of the members returned to serve as aldermen and common councilmen; and thereupon the oaths prescribed by law may be administered to the members elect, by any one of the justices of the supreme judicial court, or any judge of any court of record, holden in said city, or by any justice of the peace for the county of Suffolk: and thereupon the members of the board of aldermen shall proceed to elect a chairman, and the common council a president, in their respective chambers, and being respectively organized, shall proceed to business, in the same manner as provided in the 1 This act was adopted by the inhabitants, Feb. 25, 1825. (City Records, vol. 28, p. 160.) CITY CHARTER AND AMENDMENTS. 473 tenth section of the city charter, in case of the absence of the mayor: and the board of aldermen shall forthwith issue their warrants for meetings of the citizens of the respective wards, for the choice of a mayor, at such time and place as they shall judge most convenient; and the same proceedings shall be had, in all respects, as are directed in and by the provisions of the fifth section of the City Charter, and repeated, from time to time, until a mayor shall be chosen, by a majority of all the voters voting at such elections. SECT. 2. Be it further enacted, That, in case any per- Refusal of office son elected mayor of said city shall refuse to accept the office, the same proceedings shall be had in all respects, as are herein before directed, in cases wherein there has been no choice of mayor, until a mayor be chosen by a majority of votes. And in case of the unavoidable absence, by sickness or otherwise, of the mayor elect, on the first Monday in January, the city government shall organize itself in the mode herein before provided, and may proceed to business in the same manner as if the mayor were present. SECT. 3. Be it further enacted, That this act shall be Act to be void void, unless the inhabitants of said city of Boston, at a legal by the city of city meeting, called for that purpose, shall, by a written vote, determine to adopt the same, within twelve days from the time of the passing of this act.' [June 5, 1830.] (7) AN ACT IN FURTHER ADDITION TO AN ACT ENTITLED "AN ACT ESTABLISHING THE CITY OF BOSTON." [Statute of 1831, Chap. 38.] Be it enacted by the Senate and House of Representa- Time for city council to meet, tives, in General Court assembled, and by the authority of in convention. the same, That the time for the city council of the city of Boston to meet in convention, in order to determine the 1 This act was adopted by the citizens, June 16, 1830. (Boston Records, vol. 10, p. 516.) 60 47i]4 APPENDIX. number of representatives which it may be expedient for said city to send to the general court, shall be in the month of October, instead of May, in each year, any thing in the act to which this is in addition to the contrary notwithstanding. [June 17, 1831.] (8) AN ACT IN FURTHER ADDITION TO AN ACT ESTABLISHING THE CITY OF BOSTON. [Statute of 1835, Chap. 128.] SECT. 1. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the Number,, authority of the same, That the school committee of the city school commit- ct tee. of Boston shall consist of the mayor of said city, of the president of the common council of said city, and of twentyfour other persons, two of whom shall be chosen in each ward of said city, and who shall be inhabitants of the wards When to be in which they are chosen; said twenty-four members to be chosen. chosen by the inhabitants, at their annual election of municipal officers. Repeal. SECT. 2. Be it farther enacted, That so much of the act to which this is in addition, as is inconsistent with the Proviso. provisions of this act, is hereby repealed: provided, however, that the present school committee of said city shall continue in office, until a new committee shall be chosen under the provisions of this act. Condition of SECT. 3. Be it further enacted, That this act shall be this act. void, unless it shall be adopted by ballot by the inhabitants of said city of Boston, qualified to vote in city affairs, at a legal meeting of said inhabitants called for that purpose, and held in their respective wards, within thirty days from the passing hereof.1 [April 7, 1835.] 1 This act was adopted by the citizens, in ward meetings, April 29, 1835. (Records of returns of votes from the wards, April 29, 1835.) CITY CHARTER AND AMENDMENTS. 475 (9) EXTRACTS FROM THE REVISED STATUTES. [Chapter 3.] SECTION 1. Every male citizen of twenty-one years of Qualifications agre and upwards, (excepting paupers and persons under town, county, In ZD b ~~~~~~~~~~~~~~~and other elecguardianship,) who shall have resided within the state one tions. year, and within the town, in which he may claim a right to vote, six months next preceding any election of town, county or state officers, or of representative to congress, and who shall have paid, by himself, or his parent, master or guardian, any state or county tax, which shall, within two years next preceding such election, have been assessed upon him, in any town of this state; and also every citizen, i1 Pick. 538. who shall be by law exempted from taxation, and who shall in all other respects be qualified as above mentioned, shall have a right to vote in all such elections; and no other person shall be entitled to vote in such elections. SECT. 2. The collector of state and county taxes, in Collectors of taxes, to keep a each town, shall keep an accurate account of the names of list of persons who have paid all persons, from whom they shall have received payment their taxes, and upon request to of any state or county tax, and of the time of such pay- give receipt. ment; and, upon request, shall deliver, to the person making the payment, a receipt specifying his name and the time of such payment; and such receipt shall be admitted as presumptive evidence thereof. SECT. 3. The said collectors, whether the time, for Collector, to return lists to which they were respectively chosen, shall have expired selectmen twice or not, shall, twice in each year, namely, once in the month4 Pi2k. 6118. of February, not more than twenty days nor less than fifteen days before the first Monday in March, and once in the month of October, not more than twenty days nor less than fifteen days before the second Monday in November, return to the selectmen of their respective towns, an accurate list of all persons, from whom they shall have received payment of any state or county tax, subsequently to the time, appointed for making their last preceding return. SECT. 4. Any collector, who shall neglect to make such Penalty for neglect and for a return, as is required in the preceding section, shall for- a false return. feit the sum of one hundred dollars, for every such neglect; 476 APPENDIX. and any collector, who shall make a false return, in respect to any part of such list, shall forfeit the sum of twenty dollars for every name, in respect to which he shall have made a false return. Selectmen to SECT. 5. The selectmen shall, at least ten days before make out and post up lists of the first Monday of March, and at least ten days before voters. the second Monday of November annually, make out correct alphabetical lists of all the persons, qualified to vote for the several officers, to be elected at those periods, respectively, and shall, at least ten days before the said elections, cause such lists, respectively, to be posted up in two or more public places, in their respective towns. Selectmen to SECT. 6. The selectmen shall be in session, at some be in session, for receiving convenient place, for a reasonable time, within forty-eight evidence of qualifications, hours next preceding all meetings for the elections of any and to give notice thereof. of the officers aforesaid, for the purpose of receiving evidence of the qualifications of persons, claiming a right to vote in such elections, and of correcting the lists of voters; and such session shall be holden for one hour at least, on the day of such election, and before the opening of the meeting; and notice of the time and place of holding the said sessions shall be given by the selectmen, upon the lists posted up as aforesaid. Selectmen's SECT. 7. In any town, where the number of qualified sessions, where voters exceed voters shall exceed one thousand, such session of the selectone thousand. See also 1839, men shall be holden on the day immediately preceding the meeting, and for as much longer time, previous to said day, as the selectmen shall judge necessary, for the purpose aforesaid; and when the day, immediately preceding such meeting, shall be Sunday, then such session shall be holden on the Saturday next preceding. Penalty for giv- SECT. 8. If any person shall give a false name or any ing false answers to select- false answer to the selectmen, when in session as provided men at such sessions. in the two preceding sections, he shall forfeit the sum of thirty dollars for each offence. Selectmen, SECT. 9. The selectmen, in case they shall have duly when not answerable fobr re- entered on said list of voters the names of all persons, who fusing to receive votes, shall have been returned to them by the collectors aforesaid, shall not be held answerable for any -missions in said list, CITY CHARTER AND AMENDMENTS. 477 nor for refusing the vote of any person, whose name is not borne thereon, unless the person, whose name may have been so omitted, shall, before offering his vote, furnish them with sufficient evidence of his having the legal qualifications of a voter at such meeting, and shall have requested them to insert his name on said list. SECT. 10. The moderator of any town meeting shall re- Moderator shall receive votes of ceive the votes of all persons, whose names are borne on all persons on the lists. May the list of voters, as certified by the selectmen; and he refuse allothshall in no manner be held answerable, for refusing the ers vote of any person, whose name is not on the said list. [Chapter 5.] SECT. 1. At the election of governor, lieutenant gover- Separate lists of votes for governor, and senators, it shall be the duty of the selectmen and nor, &c., to be transmitted to clerks of towns, and of the mayor and aldermen of the the secretary or to sheriffs. city of Boston, to make and seal up separate lists of persons voted for as governor, lieutenant governor, and senators of the commonwealth, with the number of votes for each person, written in words at length against his name, and to transmit said lists to the secretary of the commonwealth, or to the sheriffs of their respective counties; and when the said lists shall be received at the office of the secretary, the seals thereof shall not be broken, but the same shall be kept as they are received, until delivered by him to the two branches of the general court, or to the executive authority, according to the constitution and laws. SECT. 11. In the city of Boston, the several elections, Elections in Boston, how provided for in this chapter, shall be conducted according conducted. to the provisions of the act establishing the city of Boston, and of the several acts in addition thereto. [Chapter 6.] SECT. 9. In the congressional district of the city of Specialprovis ions for such Boston, the said election' shall be held, and all the pro- eecstions in ceedings thereon had, and the returns thereof made, in 1 This section relates to the election of representatives in congress. 478 APPENDIX. conformity with the act establishing the city of Boston, and the several acts in addition thereto; and in case of no choice being made at such election, or in case of any vacancy happening in said district, the governor shall cause precepts for new elections, to be directed to the mayor and aldermen of said city, as often as occasion shall require; and such new elections shall be held, and all proceedings thereon had, and returns made, in conformity with the said acts. Special provis- SECT. 18. In the city of Boston, the said elections1 ion for the city of Boston. shall be holden, and the returns thereof made, in conformity with the act establishing the city of Boston, and the several acts in addition thereto; but the same shall be holden and made at and within the times directed in the five preceding sections. [Chapter 14.] In Suffolk, the SECT. 29. In the county of Suffolk, the mayor and almayor and alto derm- en of the city of Boston shall have the like powers men of Boston to dermen of cuity powers, have the powers, of commission- and perform the like duties, within the city, as are exerers, except, &c. cised and performed by the county commissioners of other counties, except such as relate to trials by jury, and the recovery of damages on such trials, in case of the laying out, altering or discontinuing highways or townways in said counties. [Chapter 15.] Special provi- SECT. 86. The city of Boston shall continue to have thsion respectingal and exercise all the powers and privileges, and be subject powers and du- to all the duties and liabilities, mentioned in the act estabties of the city of Boston. lishing the city of Boston, and in the several acts specially relating to said city. [Chapter 24.] Mavor and al- SECT. 54. In the county of Suffolk, the mayor and aldermen of Bostoil, to have dermen of the city of Boston shall, within the said city, powers, &c., of commissioners. 1 This section relates to the election of electors of president and vice president of the United States. CITY CHARTER AND AMENDMIENTS. 479 have the like powers and perform the like duties, as are exercised and performed by the commissioners of other counties, in respect to the laying out, altering and discontinuino of ways, and assessing damages therefor, except as is provided in the following section. SECT. 55. When any party shall be aggrieved by the C. C. Pleas may. >,. 1., order a trial by doings of the said mayor and aldermen, in the cases men-jury to any party aggrieved by dotioned in the preceding section, he may apply for a jury, by ings of the petition to the court of common pleas, within and for the mayo, &c. county of Suffolk, at any term of said court that shall be there held, within one year after the laying out, altering, or discontinuing of any way in said city, and not afterwards; and thereupon the said court shall, after due notice to the said city, order a trial by jury to be had in the case, at the bar of said court, in the same manner, in which other civil causes are there tried by the jurors there returned and empanelled; and if either party request it, the jury, to whom the cause may be committed, shall view the place in question. SECT. 56. In the said county of Suffolk, whenever there Several parties to go to the same shall be several parties, having several estates or interests, jury in certain at the same time, in any land or any buildings thereon, cases within the city of Boston, and the said land or buildings shall be taken or otherwise damaged, in whole or in part, by the laying out, altering, or discontinuing of any highway or town way, and any one of such parties shall make application, by petition to the court of common pleas, for a jury to ascertain his damages, as provided in the like cases in this chapter, the said court shall order the petitioner to give the like notice, as is required in the like cases before the commissioners of other counties, to all the other parties interested, to appear at the next term of the said court, and become parties to the proceedings under the said petition; and at the said next term, or at any succeeding term, as the court may direct, the said parties shall all be heard by the same jury, at the bar of the court, in such manner as the court shall direct; and thereupon the like proceedings shall be had in the estimation of damages, the returning of the verdict, and the adjudication of the court there 480 APPENDIX. on, as are in this chapter required to be had on verdicts in the like cases, returned to the court of common pleas in other counties. (10) AN ACT PRESCRIBING THE TIME FOR MAKING RETURNS OF VOTES FOR ELECTORS OF PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES. [Statute of 1844, Chap. 167.] Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows: Votes for elec- SECT. 1. The mayor and aldermen of the several cities, tors of presi- and selectmen of the several towns in the commonwealth, dent, &c., how and when to be shall within three days next after the day of any election transmitted by townffiand cithey of electors of president and vice president of the United secretary. States, held by virtue of the laws of this commonwealth, or of the United States, deliver, or cause to be delivered the lists of votes therefor, sealed up, to the sheriff of the county in which said election is held, and the sheriff shall within four days after receiving said lists, transmit the same to the office of the secretary of the commonwealth, or the said mayor and aldermen, or the selectmen may, and when the office of sheriff is vacant, he or they shall themselves transmit the said lists to the said office within seven days after the election, and all votes not so transmitted shall be rejected. Notice of this SECT. 2. The secretary of the commonwealth shall, on law to be given or before the first day of October next, transmit to the towns and mayor and aldermen of each city, and to the selectmen of each town in the commonwealth, a copy of this act. [Approved by the Governor, Iarch 16, 1844.] CITY CHARTER AND AMENDMENTS. 481 (11) AN ACT PROVIDING, IN CERTAIN CASES, FOR THE ELECTION OF CITY OFFICERS. [Statute of 1845, Chap. 217.] Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows: SECT. 1. Whenever it shall appear, by the regular re- In case of failure of election turns of the elections of the city officers, in any city in this of mayor, or of commonwealth, which, by a vote of its city councils, shall aldermen, in cities whose adopt this act,1 that a mayor has not been chosen, or that ctY council shall adopt this a full board of aldermen has not been elected, such of the act, the aldermen chosen board of aldermen, whether they constitute a quorum or shall issue their warrant for an not, as may have been chosen, shall issue their warrant, in election, &c. usual form, for the election of a mayor, or such members 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 In case offailure to elect a a mayor nor any aldermen shall be elected at the usual mayor or any aldermen within time for electing the same, and after the powers of the for- the usual time, In b ~~~~~~~~~~~~~&c., the presimer mayor, and mayor and aldermen, shall have ceased, it dent of the common council shall be the duty of the president of the common council, shall issue his warrant, &c. 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 aldermen, shall be elected. SECT. 2. Whenever it shall appear to the mayor and n case of a vacancy in the aldermen, that there is a vacancy in either the board of board of aldermen or in aldermen, or in the common council, or in any of the city tncorcl,then or ward offices, it shall be the duty of the mayor and alder- mayor and aldermen shall men to issue their warrant for elections, in due form, to fill issue iheir war rant, &c. 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. 1 This act was adopted by the city council, Oct. 6, 1845. See City Records, vol. 23, p. 406. 61 482 APPENDIX. Ward officers SECT. 3. It shall be the duty of all ward officers, aushall perform their dtlties, &c., thorized to preside and act at such elections, to attend and and in case of their absence perform their respective duties, at the times and places aptheir offices pmy bealledc 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 elections, or other purposes, such office may be filled, pro tempore, by the legal voters present, which may be done by nomination and hand votes, if the voters present so determine. Incase offal- SECT. 4. In case of the non-election of a mayor, the ure to elect a chairman of the chairman of the board of aldermen shall discharge all the board of alder- duties incumbent on the mayor of the city, prescribed by men shall be mayorpro tesn- the city charter, or any other law, or any ordinance of any city adopting this act, which now or hereafter may be required 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. City officers SECT. 5. All city officers, after their election, shall be to act, notwith- held to discharge the duties to which they have been electstandimg removal from their ed, being residents of the ward at the time of their elecward. tion, notwithstanding their removal afterwards out of their ward into any other ward of the city. [Approved by the Governor, March 25, 1845.] (12) AN ACT TO AMEND AN ACT ESTABLISHING THE CITY OF BOSTON. [Statute of 1850, Chap. 167.] Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follouws: Wards. SECT. 1. The second section of an act entitled " an act to establish the city of Boston," passed February 23, 1822, HEALTH LAW OF 1816. 483 is hereby amended so that the wards therein mentioned shall be altered in such manner as to preserve as nearly as may be, consistently with well-defined limits, an equal num- Equal nUmber of ber of legal voters in each ward, instead of an equal num- ward. ber of inhabitants, as is now provided in said section: provided, that this act shall be void, unless accepted and Proviso, as to acceptance of adopted by the city council of said city, by a vote taken this act. by yeas and nays, within thirty days from from its passage.l SECT. 2. This act shall take effect from and after its passage. [Approved by tihe Governor, April 6, 1850.] HEALTH LAW OF 1816. AN ACT TO EMPOWER THE TOWN OF BOSTON TO CHOOSE A BOARD OF HEALTH, AND TO PRESCRIBE THEIR POWER AND DUTY. [Statute of 1816, Chap. 44.] SECT. 1. Be it enacted by the Senate and House of Representatives in Time of choosGeneral Court assembled, and by the authority of the same, That the. inhabit- ing memsbers. ants of the town of Boston, qualified to vote for town officers, shall, on the first Wednesday of April, annually, meet in their respective wards, at such time and place as may be appointed by the present and succeeding boards of health of said town, and published in two of the newspapers printed in said town, seven days previous to the time of meeting, and choose one able and discreet person, being a freeholder and resident within the ward for which he shall be chosen, to be a member of a board of health, which board shall consist of one person from each ward, chosen by a majority of the voters present, and by ballot: And the members of the Repealed by board of health, for the time being, shall preside each in his respective 28 Ch 110, ward, at such meetings, and on the neglect of either of them, a committee chosen by the ward shall preside until a clerk for such ward is chosen by a majorityof the voters present; whose duty it shall be to preside at future meetings of said ward, for the ensuing year, to call for the votes, receive, count and declare the same in open meeting; and in case it shall appear that no choice has been made, the ballot shall be repeated until a person Powers of clerk. shall be elected, at whose dwelling-house, the clerk shall, on the same day, leave a written notification of his being chosen as aforesaid; and upon his 1 This act was adopted by the city council, April 29, 1850. See City Records, vol. 28, p. 160. 484 APPENDIX. refusal or nonacceptance within four days, after notice as aforesaid, the clerk shall summon a new meeting of the inhabitants of his ward at a time and place to be specified in two of the newspapers as aforesaid, three days at least previous to the intended meeting; provided, however, in case of refusal to serve of any person, at the time of his election in any ward; the said ward shall proceed to a new choice, and in case of the acceptance of any person chosen as aforesaid, the clerk of the ward, where such person is chosen, shall notify the president of the board of health for the time being, or in case of his death or absence from Boston, the oldest member of said board, of such choice, within twenty-four hours after such choice is made; and in all cases the said board of health for the time being shall continue in power and office until a new board is chosen and organized agreeable to the provisions of this act. Powers ofpre- And the president of the board of health, for the time besident. ing, or in case of his death or absence from the town of Boston, or incapacity to attend, the oldest member of said board present, shall within five days after the return made to him, by two thirds of the clerks of the wards aforesaid, where and when two thirds of said members of said board of health are chosen as aforesaid, notify the new members chosen and returned as aforesaid, to meet at the usual place of the meeting of said board, and shall at such meeting preside until a president and secretary shall be elected by the members of said new board, for said board; and he hereby is authorized to administer to such secretary an oath Regulations. faithfully to record all the votes, orders, proceedings and regulations of said board, and faithfully to perform all the duties of his said office, during his continuance therein, which oath shall be entered and subscribed by such secretary on the records of said board, and attested by the person administering the same, after which such secretary shall have the custody of the records, books and papers of said board; and a certified copy of the votes, orders, proceedings and regulations of said board, or a certified copy from the records of said board, by such secretary thereof, shall be received and admitted as evidence in all cases relating to the proceedings or concerns of said board. Powers. SECT. 2. Be it further enacted, That said board of 1821, ch. 110, * 17. health shall have power, and it is hereby made their duty, to examine into all causes of sickness, nuisances, and sources of filth that may be injurious to the health of the inhabitants of the town of Boston, which do, or may exist within HEALTH LAW OF 1816. 485 the limits of the town of Boston, or on any island, or in any vessel within the harbor of Boston, or within the limits thereof, and the same to destroy, remove or prevent, as the case may require; and whenever said board shall think it necessary for the preservation of the lives or health of the inhabitants of Boston to enter forcibly any building, or vessel, having been refused such entry by the owner or occupier thereof, within the limits of the said town of Boston or the harbor thereof, for the purpose of examining into, destroying, removing or preventing any nuisance, source of filth, or cause of sickness aforesaid, which said board have reason to believe is contained in such building or vesselany member of said board, by order of said board, may apply to any justice of the peace, within and for the county of Suffolk, and on oath complain and state, on behalf of said board, the facts as far as said board have reason to believe the same relative to such nuisance, source of filth or cause of sickness aforesaid; and such justice shall thereupon issue his warrant, directed to the sheriff of the county of Suffolk, or either of his deputies, or any constable of the town of Boston, therein requiring them or either of them, taking with them sufficient aid and assistance, and also in company with said board of health, or some two members of the same, between the hours of sunrise and sunset, to repair to the place where such nuisance, source of filth or cause of sickness complained of as existing as aforesaid; and there, if found, the same to destroy, remove or prevent, under the directions and agreeable to the order of said board of health, or such members of the same, as may attend and accompany such officer for such purpose; provided Proviso. however, that no sheriff or deputy sheriff shall execute any civil process, either by arresting the body or attaching the goods and chattels of any person or persons under color of any entry made for the purposes aforesaid, unless such service could by law have been made without such entry; and ail services so made, under color of such entry, shall be utterly void, and the officer making such service shall be considered as a trespasser to all intents ab initio. And in all cases where such nuisance, source of filth, or cause of 486 APPENDIX. sickness shall be removed, destroyed or prevented in manner aforesaid, the cost of so removing, destroying or preventing the same, together with all costs attending the proceedings relative thereto, shall be paid by the person or persons, who caused or permitted the same nuisance, source of filth, or cause of sickness to exist, or in whose possession the same may be found. And in all cases where any contagious and malignant disorder exists, within the limits of the town of Boston, or on board of any vessel, or on any island within the harbor of Boston, and it appearing to said board of health, after the same has been examined into by the physician of said board, or some other respectable physician of the town of Boston, that the public safety requires that any person or persons affected with any contagious, malignant disorder, should be removed to the hospital on Rainsford Island, or to any other place within the limits of said town of Boston, on any island in the harbor of Boston, or should be confined or remain in the place where such person or persons thus affected then are; in every such case the said board of health shall pass an order relative to the same, which order, all persons, dwelling in or occupying such place, building or vessel, notified thereof by said board, or called on by said board, shall be obliged to obey; and any person refusing to obey such order or resisting any officer or person acting under the authority of said board or any member of said board in any of the duties or requirements in this section of this act, shall severally forfeit and pay for such offence, a sum not less than five, and not exceeding five hundred dollars, according to the nature and aggravation of the offence. Rules and or- SECT. 3. Be it further enacted, That the said board of health shall have power to make such rules, orders, and regulations, from time to time, for the preventing, removing or destroying of all nuisances, sources of filth and causes of sickness within the limits of the town of Boston, or on board any vessel, or on any island in the harbor of Boston which they may think necessary; which rules, orders and regulations, from and after the same have been published in two newspapers, printed in the said town of Boston, shall con HEALTH LAW OF 1816. 487 tinue in force and be obeyed by all persons until changed, altered or repealed by the same board who made them, or by some succeeding board of health. And any person or persons who disobey or violate any such rules, orders or regulations, so as aforesaid made by such board, shall severally forfeit and pay for such offence, a sum not less than one and not more than fifty dollars, according to the nature and aggravation of such offence. SECT. 4. Be it further enacted, That the said board of May seize and destroy prohealth shall have power to seize, take and destroy, or to re- visions. move to any safe place without the limits of the town of Boston, or cause the same to be done, any unwholesome and putrid or tainted meat, fish, bread, vegetable or other articles of the provision kind, or liquor, which in their opinion, first consulting the physician of said board, or some other reputable physician of the town of Boston, shall not be fit for food and nourishment, and injurious to the health of those who might use the same: And the cost of such seizing, taking, destroying or removing shall be paid for by the person, or persons in whose possession the same unwholesome, putrid, or tainted article shall or may be found. SECT. 5. Be itfurther enacted, That the said board of health shall have power, from time to time, to make and establish all such rules, orders and regulations relating to clothing or any article capable of containing or conveying any infectious disease, or creating any sickness, which may be brought into, or conveyed from the town of Boston, or into or from any vessel, or on or from any island in the harbor of Boston, as they shall think proper for public safety, or to prevent the spreading of any dangerous or contagious disease. And all such rules, orders and regulations, so as aforesaid by said board made and established, shall be obeyed by all persons from and after the same have been published in two of the newspapers, printed in the town of Boston, and shall continue to be in full force until altered or repealed by the board who made and established the same, or some other succeeding board; and every person who shall disobey or violate any of such rules, orders and regulations, shall forfeit and pay a sum not less than one Fines. 488 APPENDIX. dollar, and not more than one hundred dollars, according to the nature and aggravation of such offence. Quarantine. SECT. 6. Be itfurther enacted, That the said board of health shall have power to establish and regulate the quarantine to be performed by all vessels arriving within the harbor of the town of Boston, and for that purpose shall have power, from time to time, to establish, make and ordain all such orders, rules and regulations relating to said quarantine as said board shall think necessary for the safety of the public and the security of the health of the inhabitants of the said town of Boston; which said rules, orders and regulations, so as aforesaid established, made and ordained, shall be obeyed by all persons, and shall continue to be in force from and after the same shall have been published in two newspapers, printed in the town of Boston, until the same are altered or repealed by the said board establishing, making and ordaining the same, or by some succeeding board of health. And said rules, orders, and regulations may extend as well to all persons arriving in such vessels, and to their property and effects aboard such vessels, and to all such persons as may visit, or go on board such vessels, after their arrival in said harbor of Boston, and to the cargo of all such vessels, as to the vessels themselves-as also to every matter and thing relating to, or connected with such vessel, or the cargo of the same, or to any person or persons going on board or returning from the same; and every person who shall knowingly or wilfully violate or disobey any of such rules, orders and regulations, so as aforesaid made, established or ordained by said board Fines. of health, shall severally forfeit and pay a sum not less than five dollars, and not exceeding five hundred dollars, according to the nature and aggravation of such offence. And the board of health shall have power at all times, to cause any vessel arriving in the harbor of Boston, which is foul and infected, or whose cargo is foul and affected with any malignant and contagious disease, to be removed and placed on quarantine ground, and the same to be thoroughly cleansed and purified at the expense and charge of the owners, consignees or possessors of the same; and also all per HEALTH LAW OF 1816. 489 sons arriving in or going on board such infected vessel, or handling such infected cargo, to be removed to hospital or Rainsford Island, under the care of said board, and to the hospital on the same, there to remain under the orders and regulations of said board. All expenses incurred on account of any person under the quarantine rules, orders and regulations of said board of health, shall be paid by such persons. SECT. 7. Be it further enacted, That said board of Officersappointhealth shall have power, and it shall be their duty to elect IdlHpitan and appoint a principal physician to said board, who shall reside in Boston, and an assistant physician, who shall, during the time of quarantine, reside on Hospital Island, also an island-keeper, to reside on said Hospital Island, boatmen and such other officers and servants as will be necessary to carry into effect the rules, orders and regulations of said board of health, as it respects the quarantine; and shall prescribe to them their duty, and establish their salary and fees, and displace or remove them at pleasure, and elect and appoint others in their places; also said board shall, from time to time, establish and regulate the fees or expenses attending the said quarantine regulations, shall have the care of said Rainsford or Hospital Island, and of the hospital on the same, and of all property on said island and belonging to or connected with the hospital on the same; and shall annually in the month of January in each year, file in the secretary's office of this commonwealth, an exact and true account of the state of the property in and connected with the hospital establishment on said island, and of the property belonging to the commonwealth on said island, and of all money expended thereon. SECT. 8. Be it further enacted, That said board of Scavengersand funeral porters. health shall have power to elect and appoint scavengers, superintendents of burying grounds, funeral porters or undertakers, and such other officers and servants, as shall be necessary to carry into effect all the powers and duties in this act given to, or required of the said board of health, and to fix and establish their fees of office or compensation; and all officers elected or appointed by said board, shall be 62 490 APPENDIX. removable from their said offices, at the pleasure of said board, and others substituted, elected or appointed in their place. And a majority of said board shall be competent to transact any business which the whole board, were they all present, might or could transact. 1797, ch. 16. SECT. 9. Be itfurther enacted, That all the powers and duties which are given to, or required of the selectmen of the town of Boston, by a law of this commonwealth, passed the twenty-second day of June, in the year of our Lord one thousand seven hundred and ninety-seven, entitled " an act to prevent the spreading of contagious sickness," and by the several acts in addition thereto, shall be, and they hereby are transferred to and made the duty of the board of health of the town of Boston, any thing in said laws to the contrary notwithstanding. And for all expenses which may arise in the execution of their duty, the said board of health shall be authorized to draw upon the town treasurer of the Expenses. town of Boston; and the accounts of said board including all receipts and expenditures of money shall be examined by the committee of accounts annually chosen by said town of Boston for that purpose, who shall report a state of them to the said town accordingly, and the same shall be paid by the treasurer of said town of Boston. And on the death or resignation of any member of said board of health, the said board may cause such vacancy to be filled by a new election from the ward from which said member was elected by directing the clerk of such ward to call a meeting of the inhabitants of such ward, qualified to elect a member of the board of health, to meet at such time and place, as shall be vacancies notified to him by said board; at which meeting such vafilled up. cancy shall be filled, and such proceedings be had as are 1821, ch. 110, s28. directed in the first section of this act, as to the choice and return and notification of the person elected as a member of said board as aforesaid. SECT. 10. Be it further enacted, That whenever any prisoner confined in the gaol in Boston, or within the limits of said prison, shall be attacked with any contagious, malignant disorder, which in the opinion of said board of health, first having consulted with the physician of said board, or HEALTH LAW OF 1816. 491 some other respectable physician, of the town of Boston, endangers the safety and health of the other prisoners in said gaol, or the inhabitants of said town, and that the suffering such prisoners, so attacked as aforesaid, longer to Mayremove remain in said gaol, or within the limits of said prison, is sick prisoners. not consistent with the public safety, or the health of the inhabitants of said town, or the prisoners in said gaol; in every such case the said board of health shall make application in writing to any two justices of the peace, quorum unus, therein stating the facts relative to such case; and the said justices to whom such application shall be made, shall examine into such case, and if satisfied that the facts stated are true, shall issue their warrant to said board of health, authorizing and directing them to remove said prisoner so attacked with such contagious and malignant disorder, to the hospital on Rainsford Island, or to some other place of safety, there to remain under the directions of said board, until such prisoner either recovers or dies; and in case of recovery, then to be returned by said board to the place from which he was taken; and such warrant so executed by said board, or any member thereof, shall be by them returneR, with their doings thereon, into the clerk's office of the court, from which the process for committing such prisoner to gaol, shall have issued; and the place to which such prisoner shall be removed by virtue of such order, shall be considered as the gaol of the county of Suffolk; and every prisoner removed as aforesaid, for the causes aforesaid, shall not thereby be considered as having committed any escape, so as to prejudice either himself, his bondsmen, or the persons who had the custody of him in his confinement aforesaid. SECT. 11. Be it further enacted, That the said board of health of the town of Boston are hereby authorized and empowered, from time to time, to make and establish rules, orders and regulations for the interment of the dead in said Burying town, to establish the police of the burying grounds, appoint grounds. and locate the places where the dead may be buried in said town, and cause the places for the deposit of the dead in said town, and the burying grounds, to be repaired and -192 APPENDIX. Funerals. properly enclosed. Also to make regulations for funerals and funeral processions, and appoint all necessary officers and persons to carry the same into effect, and to appoint to them their duties and fees; and shall also have the power to establish such penalties for the violation of any such rules, Proviso for orders and regulations, as they may think proper: Provided, penalties. no one penalty for any one violation, shall exceed the sum of fifty dollars. And all such rules, orders or regulations, so as aforesaid made and established by said board, shall be obeyed by every person, from and after the same have been published in two of the newspapers printed in Boston, and shall continue in full force, until the same are altered or repealed by the said board, who made and established them, or by some succeeding board. SECT. 12. Be it further enacted, That the said board of Permits. health shall have power to grant permits for the removal of any nuisance, infected article, or sick person, within the town of Boston, when they think it safe and proper so to do; and said board, whenever they think justice requires it, may stop, discontinue, discharge or compromise any suit, complaint or information, originating under this act. And all fines, forfeitures, penalties, sums to paid or recovered, arising under any of the provisions of this act, shall be proMay prosecute. secuted for, by and in the name of " the board of health of the town of Boston," by complaint or information by said board, to be made in writing to some justice of the peace within and for the county of Suffolk; which said justice, upon said complaint or information being made to him as aforesaid, shall receive the same, and thereupon issue his warrant, therein reciting the said complaint or information, directed to the sheriff of the county of Suffolk, or either of his deputies, or any constable of the town of Boston, commanding them or either of them, to summon the party informed against or complained of, to appear before him at a time and place to be named in said warrant, to shew cause, if any they have, why they should not pay the sum demanded of them in such complaint or information: which said warrant, shall by the officer who receives the same, be served on the party informed or complained against as aforesaid, HEALTH LAW OF 1816. 493 at least seven days before the day in said warrant stated, as the said day of trial, by giving such party in hand, a Forms c.'procopy of such warrant, reading the same to him, or leaving a copy thereof at the last and usual place of the abode of such party; and if such party shall not appear at the time and place appointed, or appearing shall not show sufficient cause as aforesaid, the said justice shall proceed to render judgment in every such case, that the said board of health shall recover such sum in damages or as fine, as the case may be, as according to the provisions of this act, they ought by law to recover, with costs, and shall proceed to issue his execution therefor, in the same manner as executions issue from justices of the peace in civil cases triable before them; and such executions shall be served and made returnable in the same manner as executions in civil actions are by law served, and made returnable, which issue on judgments rendered in the supreme judicial court of this Commonwealth: Provided however, that in all such prose- Proviso. cutions as aforesaid, if the said board of health shall discontinue such prosecution or become nonsuit, or the same on the merits should be decided by such justice trying such prosecution against them, in every such case, the said party informed against and complained of, shall recover his legal costs against said board, which costs shall be paid by the treasurer of the town of Boston. And in every prosecution under this act, before any justice of the peace as aforesaid, the party complained against in such prosecution, being dissatisfied with the judgment in the same, given by such justice, may appeal therefrom to the Boston court of common Appeals. pleas, next to be holden at Boston, within and for the county of Suffolk, after such judgment is so as aforesaid given, or rendered by said justice; provided such appeal be entered within twenty-four hours after such judgment is given as aforesaid; and the same proceedings in all respects relating to such appeal, shall be had as are by law required on appeals from judgments rendered in civil causes by justices of the peace in this commonwealth; and on the entry of such appeal in said court, the said court shall have cognizance and jurisdiction of the same, and shall proceed to hear and de 494 APPENDIX. termine the same in the same manner, and award execution in the same way and manner as they have cognizance and jurisdiction, proceed to hear and determine and award execution in civil causes, on appeals to them from judgments given by justices of the peace in this commonwealth. And in all cases of such appeals on prosecutions under this act, the party prevailing in the said court shall recover his costs, Costs. to be paid in the manner prescribed in this section of this act: Provided however, that no appeal shall be allowed or granted to said court in any prosecution under the provisions of this act, where the amount of the judgment rendered and had before, and by any justice of the peace, shall not amount to more than five dollars exclusive of costs. And all fines and forfeitures recovered by said board of health, under the provisions of this act, shall inure to the use of the inhabitants of the town of Boston, and be accounted for by said board of health, to and with the town Proviso. treasurer of said town of Boston. And provided also, that in consequence of said appropriation of said fines and forfeitures, or the appropriation of any other moneys by virtue of this act, no inhabitant of the said town of Boston shall be disqualified as a justice of the peace, a witness or juror in any prosecution under this act, nor shall the said board of health, or any member of the same, or any officer of the same, be rendered thereby incompetent witnesses in any prosecution under this act; and the members of said board Exemptions. of health, while they continue in such office, shall be exempted from all militia duty and every other duty and service, which by law the selectmen of towns in this commonwealth are exempted from: and all laws heretofore made relating to a board of health in the town of Boston, so far as they are inconsistent with or contrary to the provisions of this Acts repealed. act, shall be, and the same are hereby repealed. Provided however, that the election of the present board of health for the said town of Boston, and all their doings under the said laws are hereby confirmed, and they shall have and exercise all the powers and duties required or permitted by this present act; and provided also, that all prosecutions now pending, shall be proceeded in, in the same way and manner, as RULES, &C., OF THE HOUSE OF CORRECTION. 495 though this act had never been passed. And in all prosecutions under this act, the persons prosecuted, may plead the May plead the general issue, and give any special matter in evidence under g the same; and the complaint, information, pleadings or proceedings in any prosecutions under this act, may, by leave of court, before whom the same is, or -may be pending, be amended in any state of such prosecution, without the payment of costs by either party. [Approved, June 20, 1816.] RULES AND REGULATIONS OF THE HOUSE OF CORRECTION. DUTIES OF THE MASTER. The master, under the direction of the overseers, shall have the control and management of all who are employed in the house of correction, as watchmen, superintendents, or in any the like capacity, and such officers shall be required to follow his directions, at all times, unless otherwise directed by the overseers. He shall also have the entire management and control of the convicts, subject to the rules and regulations legally established, and such directions as he may from time to time receive from the overseers. It shall be the duty of the master to report to the overseers, at the stated weekly meetings, at least one week before the same shall be needed, all such articles as may be wanted for the uses of the institution. He shall also, in case any prisoner shall be about to leave, who may require a supply of clothing on going out, make a report thereof, at least one week beforehand, to the overseers, so that they may be suitably provided with the same, and also in cases where some pecuniary aid may be thought proper, which shall not exceed in amount five dollars in any case. The master shall regularly make a weekly report to the board of the number of committals and discharges of the past week, of the mode of employment of the inmates, stating the numbers of both sexes so 496 APPENDIX. employed, of goods received during the week for manufacture or use, of those who may be sick, with such remarks as may be suitable, and of the punishments that may have been inflicted during that time, or other occurrences of moment to the institution. And he shall, at all times, make such further communications or returns, as the overseers may desire. The master shall cause to be kept regular books, showing the quantity and amount of articles received at the institution for the supply of the wants of the same; all materials to be wrought by the inmates, and the amount, kind, and value of the work done by them, and also any moneys received for sales of produce or otherwise, and he shall keep such an account with each inmate as shall show, as near as may be, the actual amount of his or her earnings; these books to be at all times open to the examination of the overseers. He shall have charge of all materials of labor, and shall give out the same in suitable quantities for supplying the convicts with work, and he shall appoint the kind and quantity of work required of each, subject to the direction of the overseers. He shall countersign every bill for articles delivered at the house, for the purpose of showing that the same have been received. The watchmen, under the direction of the master, shall keep watch during the night time, in such manner and for such periods as he shall determine; and shall, during the day time, perform such other duties as he shall require. The master shall have a system of rules for conducting the prison, to be approved by the overseers, and to be read in the chapel, at least once a month, to all the inmates. DUTIES OF CHAPLAIN. It shall be the duty of the chaplain to perform divine service on each Lord's day, and to visit the sick, and instruct the convicts in their moral and religious duties, and to report to the board any special cases which may fall under his cognizance for consideration, and he shall do such other things, in his said capacity, as the overseers may require of him. RULES, &C., OF THE HOUSE OF CORRECTION. 497 DUTIES OF THE CLERK OF THE OVERSEERS. He shall be present at all business hours at the office of the overseers, to attend to the business of the office, and at all meetings of the board, and keep exact and fair records of all their doings. He shall keep regular books of account, with an entry of all purchases and moneys paid out, and of all moneys received and paid over to the city treasurer. Shall make record of such returns as he may be directed by the overseers, and keep regular files of such papers as may be placed in his custody. He shall examine all bills and collect all moneys due to the institution, and pay over the same, when collected, immediately to the city treasurer, as provided for in the ordinance of the city made for that purpose, and he shall, under the direction of the overseers, make such purchases for the institution, and do all such other acts as the overseers may from time to time require of him. DUTIES OF THE PHYSICIAN. It shall be the duty of the physician to visit the house every day, and as much oftener as may be necessary, and to examine carefully into every case of sickness and inability to labor, and to prescribe such medicines and such course of diet as he may deem proper. It shall be his duty to furnish the overseers from time to time a list of such medicines as may be wanted for the house, and to report to the overseers any neglect or improper conduct on the part of the nurses, or those in attendance, that may come to his knowledge. No critical surgical operation or amputation of a limb shall be performed, excepting in case of urgent necessity requiring immediate action, without the sanction of the overseers. He shall keep a journal of patients in the hospital, designating the time of entry of each, with the nature of the complaint and treatment, and the time of discharge or death. This journal shall at all times be open to the inspection of the overseers. The sustenance and diet of those in the hospital shall be regulated by the physician, whose requisi63 498 APPENDIX. tions shall be in writing, and shall in no case be given for a longer term than one week. He shall make a return once in every quarter to the overseers of all cases which have come under his care. GENERAL REGULATIONS. All bills, before payment, shall be approved by the chairman, at a regular meeting of the board, excepting in cases where purchases are made of persons residing out of the city, and immediate payment is necessary, when the bills may be approved by the chairman and one other member of the board. The overseers shall, as a board, visit and examine the institution in all its parts, at least once in a month and a record shall be made of the doings of such visit and the result of the examination. The overseers shall appoint such subordinate officers, assistants and clerks as they may find necessary, and shall fix their compensation, unless otherwise provided for by the ordinances of the city. No persons, excepting the city council and the board of accounts, shall have a right to enter the premises of the institution without a permit from a member of the board of overseers. The convicts, during the whole time when they are not taken out for work, or other purposes by order of the master, shall be kept locked in their respective cells, in no case more than one being allowed to each cell, and while so shut up, shall preserve perfect silence, speaking to no one, except in cases of illness, in which case they shall be allowed to speak to the officer then in charge of the cells. They shall be taken out for work, on all days but Sundays or other holidays specially excepted, at sunrise, and shall labor at the work assigned them until sunset, allowing a half hour's respite for each meal, when they shall be reconducted to their cells, receiving their food at some convenient place as they go. When they are taken out or returned to their cells, the males and females shall move at different times, allowing a sufficient interval for those of one RULES, &C., OF THE HOUSE OF CORRECTION. 499 sex to be entirely removed from observation, before those of the other are allowed to move; and they shall enter and go out at doors on different parts of the building, so as effectually to prevent their meeting. On Sundays, at the times of public worship, the females shall be conducted into the chapel, and seated beyond the screen, and afterwards the males shall be conducted in. During the times when they are moving to and from the chapel, or at and from their workshops, entire silence and the most perfect order and decorum shall be maintained, and the master shall introduce such regulations as to the precise manner in which they shall proceed, on these occasions, as he shall find to be suited to preserve order and regularity. Their food, which must always be eaten in their cells, shall be as follows-The daily sustenance of the convicts, not in the hospital, shall consist of the following rations: 16 ounces No. 1 beef, or 12 ounces No. 1 pork, 10 ounces fine flour, 5 ounces Indian meal, 1 gill molasses, for each prisoner; and for every 100 rations 21 bushels potatoes, 2 quarts vinegar, 4 quarts salt, 2 ounces black pepper. All the convicts shall have on clean shirts and stockings, and such other clothes as the master shall determine, every Sunday morning, and as much oftener as he shall direct; and the males shall also be required to be fresh shaved at the same time. No spirituous liquors shall be allowed to be drank, nor shall any prisoner be allowed to have tobacco in any shape. No officer shall receive any perquisite, in any shape, in addition to the compensation fixed by the overseers, and no trafficking shall be allowed between the officers and the convicts. There shall be allowed no trafficking among the convicts, and they shall not be allowed to receive any thing from without the house, or hold any intercourse with persons outside the house, without express permission from the master or overseers. When there shall be visitors present, no convict shall be allowed to address them without permission, except in answer to such questions as may be asked by the judges of the board of accounts, or members of the city government, authorized to examine into the 500 APPENDIX. state of the establishment, and any one intruding upon visitors shall be liable to punishment. For every failure, or refusal to comply with the foregoing requirements, for any insolent or insubordinate behavior while at work, or at other times, for any neglect or refusal to obey the orders of the master, or those having charge of the convicts by his direction, for gross or profane language towards the officers or each other, for defacing the cells or any of their furniture, or any part of the premises, and for any want of decent and proper deportment in the chapel, or in the presence of the chaplain, the convicts shall be punished by being kept upon bread and water, in solitary confinement for a time not exceeding ten days. And no convict shall be confined for a longer time than twenty-four hours, without authority from the overseers in writing; and no corporeal punishment, of any kind or degree, shall be allowed in any case, except that in flagrant and obstinate cases of insubordination, the use of the shower bath may be permitted, under the direction and limitation of the overseers, and in presence of one of their number. And it shall be the duty of the master to have any convict in solitary confinement visited by the physician once a day during that confinement. In Common Council, October 19, 1843. Passed. EDWARD BLAKE, President. In the Board of Aldermen, October 23, 1843. Passed. M. BRIMMER, Mayor. 501 ORIGIN OF THE HOUSE OF INDUSTRY. At a meeting of the freeholders and other inhabitants Origin of the of the town of Boston, holden at Faneuil Hall, on Monday, thry of induMarch 12, 1821, and adjourned to March 13, certain petitions on the subject of erecting a workhouse were read. Whereupon it was voted, that the subject be referred to a Boston Records vol. 10, pp. 290, committee of thirteen, to be nominated from the chair; the 296. said committee to consider the subject at large and report, and that the report be printed and distributed among the inhabitants; and the selectmen were requested to call a meeting to act on said report. The following gentlemen were nominated and appointed on the committee, viz: Hon. Josiah Quincy, Joseph Lovering, James Savage, Henry J. Oliver, Francis Welsh, Joseph May, Thomas Howe, William Thurston, Abraham Babcock, Samuel A. Wells, James T. Austin, Benjamin Rich and Joseph Woodward, Esqrs. At a subsequent meeting, on Monday, May 7, 1821, the Ibid, pp.305,307 committee appointed on the 12th day of March, " on the subject of pauperism at large, and on the expediency of erecting a work house," within the said town, made a long report, in which they express themselves as unanimously of opinion, that the accommodations, provided for the poor at the almshouse in Boston, are not such as comport with the honor and interests of the town; and that, in aid of the present establishment, a workhouse, to be denominated a House of Industry, should be erected, with a sufficient quantity of land attached to it, &c.; and submitted the following votes, which were passed. Voted, That it is expedient to establish, forthwith, within Ibid, p. 326. this town, a House of Industry. Voted, That a committee be appointed consisting of persons, with full authority to select a suitable place for the erection of a House of Industry, with an extent of land, attached to it, not less than fifty acres; and that the said committee be authorized to take any of the unappropriated lands, belonging to the town, for that purpose; or, in case 502 APPENDIX. they deem any other spot, or like extent of land, within the town, a better location for such an establishment than any the town now possesses, that they be authorized to purchase the same; and that the said committee be instructed to proceed forthwith to erect suitable buildings, and to form a system for the conduct of such institution; and to report their proceedings, in the premises, from time to time, to the town, as they may deem expedient. Voted, That the committee appointed by the preceding vote, be authorized to draw on the town treasurer for such sum, or sums of money, as may from time to time be found necessary, for the carrying into effect the purposes therein expressed; provided always that the amount of said drafts shall never exceed twenty thousand dollars. Voted, That the report this day made to the town on the subject of pauperism and a house of industry, be referred to the committee appointed by the preceding votes, and that they be instructed to take into consideration the various subjects suggested in it, and particularly to inquire into the general state of the poor, within the town, and concerning the operations, effects, modes, and principles of extending relief to the poor, adopted by the various charitable institutions existing in it; and from time to time to report such measures in relation to the whole, or any, of the subjects aforesaid, as they may deem it expedient for the town to adopt. Ibid, p. 334. Hon. Josiah Quincy, Joseph Lovering, James Savage, Henry J. Oliver, Francis Welsh, Ebenezer Francis, Thomas Howe, William Thurston, Abram Babcock, Samuel A. Wells, James T. Austin, Benjamin Rich, and Joseph Woodward, Esquires, were nominated from the chair and appointed a committee, in conformity to the second vote. bid, pp. 388, At a meeting of the freeholders, &c., held by adjourn410. ment from September 25, 1821, on October 22, 1821, the chairman of the committee made a long report, stating that the committee had procured a tract of land at South Boston, containing fifty-three acres, owned by Samuel Brown, Esq., and were proceeding with the work of erection; and that the establishment was then advancing to the third ORIGIN OF THE HOUSE OF INDUSTRY. 503 story. The thanks of the town were voted to the chairman Ibid, p. 430. and members of the committee, and the sum of $6,000 in addition to that previously voted, was placed at their disposal. The committee made a further report March 28, 1822; I7idpp. 462, and it was voted that the sum of $15,000 be put at their disposition. They were also instructed to prepare a system for the general conduct and management and discipline of said house, and of the land connected with it, and lay the same before the city authorities as soon as practicable after their organization. May 3, 1822, the committee represented, that they ap- City Records, vol. 1, p. 7. prehend, that the power of devising rules for the management and discipline of the institution is vested in the board of overseers of the poor, under the act of 8 and 9 George II., (1735); and the committee therefore postponed any action in relation to this duty, until the action of the city council; and they suggest either an application to the legislature, or a reference of the subject matter to the board of overseers. This report was read and committed to a joint committee. May 7, 1822, the joint committee on the subject recom- Ibid, p. 12. mended a reference of the matter to the board of overseers of the poor and the committee for building the house of industry conjointly; which report was read and accepted. May 24, 1822, the board and committee made a report Ibid, p. 30. recommending an application to the legislature for an act, authorizing the establishment of a new board; which report was read and committed. June 4, 1822, the committee reported a bill to be pre- Ibid, p. 36. sented to the general court. Sept. 16, 1822, the committee for building the house of Ibid, p. 79. industry reported the house as substantially completed; and stated that a balance of expense of $5,406.71 remained, for which provision was yet to be made. The report was read and committed. May 21, 1823, $8,000 was appropriated for completing Ibid, p. 221. the house of industry, outbuildings, fences, and for the purpose of stock, furniture, &c., and for carrying the said 504 APPENDIX. house of industry into effective operation, and the directors of the said house of industry were authorized to draw their warrants on the city treasurer therefor from time to time as occasion might require. After the erection of the house of industry, there appears to have been considerable difficulty between the directors of the institution, the city council and the overseers of the poor, respecting the rights and duties of the latter in relation to the poor. The following report and resolutions, drawn up by Mr. Quincy, the mayor, were accepted and adopted by the city council May 12, 1825. Mr Quincy's re- The committee of both branches of the city council, to port. (Accepted by the citycoun- whom was referred the application of the overseers of the cil May 12,1825.) poor, for the providing of a suitable house for the accommodation of the poor and distressed, and expressing their readiness to take the oversight, care and government of such house, respectfully report: "' That such a house is already provided in this city, established by law, and placed under the oversight and care of the directors of the house of industry, who are invested in this respect by the statutes of this commonwealth, with all the powers and authorities " had and exercised by overseers of the poor," that the state of this house under the wise and active management of those directors is, in every respect satisfactory; the poor of every class content; and the moral and physical condition of the inmates placed upon a new system, calculated to ameliorate both in as high a degree as, in the nature of things is possible under the wise arrangements of these directors, annually chosen by and responsible to the city council. " While your committee are happy in being thus able to state the results and prospects of this institution, they are not less gratified, that the city council are able, consistent with the legally invested rights of the directors of that house, to avail themselves in relation to it of the general aid of the overseers of the poor, and at the same time to grant them all the practical and useful facilities, relative to providing for the poor, which from the tenor of their application they desire; and thus the general arrangements of ORIGIN OF THE HOUSE OF INDUSTRY. 505 the poor of the city enjoy the advantage of the intelligence and experience of the members of both the overseers of the poor and of the directors of the house of industry. " Their general views will be developed in the subjoined resolutions, which they respectfully report to the city council for its consideration and adoption. "Resolved, (1) That the overseers of the poor be and they are hereby authorized and requested to grant permits for the admission of any person, in their judgment entitled to receive the support of the city in the tenement of the city denominated the House of Industry at South Boston, in like manner as the directors of said house are authorized by law; and that the superintendent of said house be and he hereby is authorized and directed to receive and take charge of persons to whom such permits have been granted; and to provide for their relief, support', and employment in said house, according to the regulations, and under the superintendence of the directors of the House of Industry. "Resolved, (2) That the overseers of the poor be and they hereby are authorized and requested, at their discretion, with, or without notice, to visit the establishment called the House of Industry at South Boston, to inquire into the condition, treatment and employment of the poor who may be inmates therein, and to make such representations and suggestions, from time to time, to the city council, in relation to their said condition, treatment and employment, as their wisdom and experience may suggest. "Resolved, (3) That the mayor and aldermen be and they hereby are authorized to provide a suitable vehicle for the conveyance to the House of Industry, of sick, decrepid persons, or those otherwise incapacitated from going of themselves to such house, and that the same be, at all times, subject to the order of the overseers of the poor, and of the directors of the House of Industry, for the purpose above specified." Subsequently to the adoption of these resolutions, a committee of the city council, to whom was referred a communication from the overseers of the poor, reported that they 64 506 APPENDIX. had laid the whole subject before counsel learned in the law, Hon. William Prescott, Charles Jackson and Daniel Webster, Esquires; and the committee reported the following resolves which were passed. " Resolved, That the overseers of the poor be and they hereby are directed to cause all persons who, from the nature of the illness under which they labor, or of the accident which has befallen them, are incapable, without endangering life, to be removed from the place where they are, to be relieved and' supported in such place, until they are capable so to be removed, and as soon as they are capable of being removed, the said overseers are directed to cause them forthwith to be removed for further relief and support to the House of Industry. " Resolved, That the overseers of the poor be, and they hereby are directed, as it respects those householders and others, who in their opinion require partial relief, and who may be rendered more comfortable by a small supply at their own houses, than by being wholly supported in a poor house, to grant such partial relief and small supply of necessaries at their own houses. "Resolved, That the overseers of the poor be, and they hereby are directed to see that all poor and indigent persons, having lawful settlement in the city of Boston, and standing in need of relief, other than those belonging to the classes specified in the two preceding resolves, to be suitably relieved, supported and employed in the House of Industry, according to the regulations and under the superintendence of the directors of said house." INDEX. ABSENTEES from school, provisions respecting, 402, 403. See Truants. ACCOUNTABILITY of officers and boards to city council, 18. See Finance. ACCOUNTS, auditor of, 119-124. See Auditor. committee of, 119. to meet once a month, 119. to approve payments, 120. direction of, necessary for payment of sums exceeding $300, 120. to direct manner of keeping auditor's books, &c., 120, 121. to pass bills and accounts against the city, 120. to approve bills for expenditures by water board, 425. of auditor, how kept and audited, 120, 121, 124. of treasurer, to be made up to April 30, 121. to be audited by joint committee, 124. See Board of Accounts. ACTIONS, by and against city, where brought, and how removed, 23. by the city, to be prosecuted by city solicitor, 360. against the city, to be defended by him, 360. See Ordinances and By-.Laws. ADULTERATED food or liquors not to be sold, 200. medicines not to be sold, 200. ALDERMEN, board of, to consist of eight persons, 3. to compose, with common council, the city council, 3. with common council, to elect mayor, in case of decease, &c., of that officer, 6. to organize, when no mayor is elected, 6. to elect a chairman in such case, 7. to issue warrants for choice of mayor, 7. duty in case of refusal of mayor elect to accept, 7. in case a mayor, or a full board of aldermen is not chosen, 7. chairman and board of aldermen, to discharge duties of mayor and aldermen, in case of non-election of mayor, 8. election of aldermen, 8. to be inhabitants of the city, 8. death or resignation of any member, 9. vacancy in, 9; when and how to be sworn, 6, iO. 5O8 INDEX. ALDERMEN, (Continled.) to elect chairman pro tempore, in absence of mayor, 11. acts of, during 1845 and 1846, confirmed, 11, note. their general powers and duties, 13. aldermen, not eligible to salaried office, 18. any alderman may apply to have idle children sent to house of reformation, 244, 248. duties of, as to suppressing riots, 330-335. See Mayor and Aldermen. ALE, &c., sale of may be licensed, 258. ALIEN PASSENGERS, superintendent of, to be appointed by governor, to give bond and take oath, 25. to notify pilots of place of examination, 25. his salary, 25. to have care of matters arising under act of legislature, 26. to institute prosecutions, 26. to examine condition of passengers, arriving, 26. duties as to allowing passengers to land, 26. to render accounts, 27. may make examinations and demands for bonds, 30. to make complaint in order to have paupers sent home, 30. to make annual returns, 30. master of vessel to make report, &c., 26. passengers not to land, until, &c., 26. abstract of reports and bonds to be published, 27. copy of abstract to be sent to cities and towns, 28. overseers of poor to perform duties of superintendent in certain cases, 28. penalty for landing passengers with intent to avoid the law, 28. act not to extend to seamen sent home by consuls, &c., 29. nor to cases of wreck where life is in danger, 29. nor to ambassadors, public ministers, &c., 29. master, owner, &c., of vessel to give bonds, 26, 29. penalty for default, 29. two dollars for each passenger may be paid instead, 29. paupers having no settlement in state may be sent home, 30. expense of support of bonded alien to be paid by commonwealth, 30. decisions respecting same, 27. See Paupers. ALLEYS. See Streets. ALMSHOUSE, not to be erected, &c., in any town, without its consent, 235. towns may erect, &c., 286. general provisions respecting, 238, note. See House of Industry. AMUSEMENTS, licenses and regulations for, 13, 31. ANIMALS, certain, not to be fed in street, 391. not to be driven faster than 6 miles an hour, 391. not to go at large in streets, 391. INDEX. 509 APERTURES under streets, regulated, 390. APPEAL, to municipal court, from police court and justices of the peace, 87, 92. not allowed to supreme judicial court, 89. from justices court to C. C. Pleas, 94. allowed in proceedings on seizure of loaded fire arms, 146. gunpowder, 151. from sentences to house of reformation, 244, 248. in cases of railroad damages, 315. in cases of common sewers, 354. APPRENTICES, poor children may be bound by overseers of the poor, 238. in Boston, by directors of house of industry, &c., 242. until what age and upon what terms, 238. consideration to be for use of such apprentices, 239. who shall inquire into treatment of, 239. complaint may be filed in C. C. Pleas, 239. court may discharge apprentice, 239, 240. may award costs for master, 239. master liable to action on indenture, 239. by whom action may be brought, 240. proceedings therein, 240. limitation of action, 240. absconding apprentice may be arrested and returned or imprisoned, 240, 241. costs, 241. master may file complaint, 241. may be discharged from contract, 241, 242. death of master, 242. minor may be bound to mistress, 242. common law rights of father not affected, 242. directors of house of reformation may bind out children, 245, 249. provisions respecting such apprenticeship, 245, note. overseers of poor may bind out minor pauper children, 290. APPROPRIATIONS, when expenditures exceed, auditor to apprise city council, 120. auditor to make estimate of, 123. AQUEDUCT, when repaired in streets, a fence and lights to be put up, 384, 385. from Long Pond to Boston, 413-430. See Water. AQUEDUCT CORPORATION, property of, may be purchased by the city, 422. acts respecting, 422, note. ARDENT SPIRITS, 200, 217, 218, 227, 228, 229, 257-259. See Liquors and Licensed Houses. ARSENAL, may be released to Boston, 154. ASSEMBLY, punishment for disturbing, 349. ASSESSMENT of taxes. See Taxes. ASSESSMENTS for common sewers, 354-359. See Sewers. ASSESSORS, may be chosen by city council, or election provided for, 16, 396. 510 INDEX. ASSESSORS, (Continued. ) to assist in preparation of voting lists, 21. mayor and aldermen to have access to books of, 21. office hours of, 275; how chosen, &c., 398. their duties and compensation, 399. committee to nominate, 399. may be removed, 399; vacancies, how filled, 399. organization of, 399; secretary to keep records, 400. committee on assessors department, 400. chairman, or other assessor, to remain at assessors' room, 400. abatements to be recorded, 400. to make out tax bills, 401. to deliver the same to the treasurer, 401. may transfer taxes on real estate to the owner, 401. to assess real estate to the owner, 401; proviso, 401. ASSISTANT ASSESSORS, how chosen, &c., 399. compensation of, 399. organization of, 399; duties of, 400. See Taxes. AUCTION, goods placed on sidewalk to be sold at, 393. AUCTIONEERS, 32. AUDITOR, appointment of, 119. tenure of office, 119; compensation, 119. to be sworn, 119; to give bond, 119. vacancy in office, 119. to examine claims on which payments are made, 119, 120. to countersign drafts for money, 120. but not without direction of committee, for sums exceeding $300, 120. manner of keeping books, 120. to certify bills and accounts against the city, 120. to make communications to city council, 120. to receive, examine, cast, file and enter, bills and accounts, 121. to exhibit to committee in case of doubt, 121. to render other services, 121. to conform to orders of committee on city debt, 121, 122. to pass certain moneys to credit of said committee, 122. to place debts in hands of solicitor for suit, 122. to pay over moneys to city treasurer, 123. to lay before city council, annually, statement of moneys received, 123. schedules of leases, 123. estimates of money to be raised, 123. statement of receipts and expenditures, 123. account with the treasurer, 124. accounts of, to be audited by joint committee, 124. office hours of, 274; to sign water scrip, 419. mayor, treasurer and auditor to be trustees of water fund, 420. to examine bills for expenditures by water board, 425. AWNINGS and shades, regulated, 387, 388. INDEX. 511 BALANCES. See Weights and Measures. BALCONY, not to project into streets, more than, &c., 375, 376. BALES, &c., not to be placed on sidewalks, 392. BANKS, authorized to contract with city for payment of interest, 118. provisions respecting weights used in, 435, note. BARK, sale and measurement of, 441-444. See Wood. BAROUCHE, 64. See Carriages. BATHING, so as to be exposed to view, forbidden, 387. BEACHES, penalty for taking earth or gravel from, 155. BEACON, 153. BEER, &c., sale of, may be licensed, 258. BELLS, to be attached to horses, harnessed to sleigh or sled, 62, 73, 74. penalty, 62, 74. ringing for false alarm of fire, penalty for, 129. to be rung, in case of fire, 139. tolling of, at funerals, 213. not to be rung in streets, to give notice of business, unless, &c., 388. BIBLES to be furnished to prisoners, 230. BIRD ISLAND, no earth or stones to be taken from, without license, 155. BIRTHS, Registry of, 321-328. See Registrar. BOARD OF ACCOUNTS, who shall constitute, 96. their duties, 96; quorum, 96; compensation, 97. statement of expenses of jails, &c., to be presented to, 232. BOARD OF EDUCATION, to prescribe form of' school returns, 343, 344. to transmit the same to secretary of commonwealth, 344. secretary of, to transmit forms, abstracts, &c., to clerks, 345, 346. to make up abstracts of school returns, 346. to prescribe form of school registers, 347. BOARD OF HEALTH, 17, 185-215. See Health. BOARDS, 260-265. See Lumber. BOATS AND LIGHTERS, provisions respecting weighing and marking, 33, 35. BOILERS, coppers, and tar-kettles, regulated, 130. BOND, may be required by city council, of persons having collection, custody, &c. of public money, 16, 396. of superintendent of alien passengers, 25. of constables, to be given to treasurer, 83. suits on constables' bonds, 84. copy of same to be given to persons applying therefor, 84. of clerk of justices' court, to be taken, 95. penalty of, 97. how long it shall be in force, 97. of auditor, 119; of harbor master, 172. of surveyor general of lumber, 261. of city marshal, 272; of pilots, 297, 299. of superintendent of public buildings, 308. of superintendent of public lands, 311. for sale of public lands, to be deposited with treasurer, 313. of deputy or assistant collectors, 396. 512 INDEX. BONFIRE, penalty for making, 129, 142. BOSTON, see City of Boston. BOSTON AND ROXBURY MILL CORPORATION, 53, note. BOSTON FARM SCHOOL, Thompson's Island exempted from taxation, 42. enactments respecting, 42, note, 284 and note. BOSTON FREE BRIDGE, 48-52. See Bridge. BOSTON SOUTH BRIDGE, 48-52. See Bridge. BOUNDARY LINES. between Boston and Roxbury, 36-39, 43, 44. Dorchester, 40 —42, 44, 45. Brookline, 42, 43, 45. general provisions respecting same, 43, note. BOW AND ARROW, not to be used in the streets, or on the common, 386. BOW WINDOWS, not to project into streets more than one foot, 376. See Windows. BOXES, not to be placed on sidewalk, 392. BOYLSTON, John, trustees under will of, 282, 284. See Trustees of John Boylston's Charitable Donations. BOYLSTON ASYLUM, united with house of reformation, 248, 249. BOYLSTON SCHOOL AND HOUSE OF REFORMATION, 249. BOYS. See Minors. BRICK KILNS, to be licensed, 142. BRIDGE, Boston South, incorporated, 46. original provisions of act of incorporation, 46. regulation of draw, 46. width and manner of maintaining, 46, 47. proprietors authorized to transfer franchise and materials to city, 47. to be toll free, 47. provision for surrender to commonwealth, in case, &c., 47. discontinuance, in case, &c., 47. transfer to the city, 48. superintendent to be appointed, 54. his duties, 54; penalty for injury to bridge, 55. included in ward No. 12, 407. Boston Free, incorporated, 48. authority of corporation to build, 48. compensation for land, 49; no toll to be exacted, 49. liability to repair, 49; regulation of draw, 49; lights, 49. obligations, when to devolve on city government, 49. provision for recovery of damages, 49. compensation, 50. city to be at liberty to build, 50. surrender to city, 50, 51. city authorized to maintain wharves or piers, 51. penalty for injury to, 51. when right to wharves, &c., shall cease, 52. wharves not to be within 40 feet of other wharves, 52. superintendent to be appointed, 54; his duties, 54. INDEX. 513 BRIDGES, (Continued.) penalty for injury to, 55. included in ward No. 12, 407. Chelsea Point, city may purchase, 52. highway may be laid out over, 52. Chelsea Free, highway may be laid out over, 53. laid out over, 53, note. Charles River and Warren, 53, note. West Boston, Canal and Hancock Free, 53, note. Boston and Roxbury Mill Corporation, (Mill Dam,) 53, note. over South Bay, 310. superintendents of, 54. carriages on, regulated, 62. penalty for destroying lamps, posts, railing, &c., on, 251. BROAD STREET, authorized to be extended, 381, 382. BUILDINGS, laws respecting same not to extend to land annexed from Brookline, 42, 43. livery stables not to be erected within 170 feet of any church, 55. penalty therefor, 56. wooden buildings more than 16 feet high, forbidden, except, &c., 56. brick or stone wall required between, in certain cases, 56. proviso, as to neck lands, 56, 57; penalty, 57. duty of board of engineers to prosecute, 57. building contrary to statute shall be deemed nuisance, 57. city council mayregulate buildings in South and East Boston, 57. make rules respecting balustrades, 58. notice to be given of intention to build, 58, 387. mayor and aldermen to cause numbers to be affixed, 59. penalty for numbering, contrary to directions, 59. cellar doors and platforms regulated, 59. to be lighted when open at night, 60. penalty for defacing, 60. wooden buildings at South and East Boston regulated, 60. owners of buildings pulled down at fire, to have indemnity, 128. notice to be given of intention to build, 385. not to be placed in street, 387. not to be moved through streets without license, 387. See Public Buildings, Streets and Wharves. BURIALS, 190, 200, 201, 211-215. See Health. BURYING GROUNDS, land at South Boston to be set aside for, 40. to be regulated by board of health, 190. dead bodies not to be dug up, &c., without, &c., 200, 201, 213. to be under charge of city registrar, 212. regulations respecting graves, tombs, and burials, 212-214. BUTTER, how it shall be sold, 113, 114. BY-LAWS, city council may make, and annex penalties, 14. when shall take effect, 14. shall not be repugnant to constitution and laws, 14, 276. 65 514 INDEX. BY-LAWS, (Continued.) may be annulled by legislature, 14. to be made respecting warrants for elections, 21, 22. need not be set forth, in prosecutions, 24. respecting weighing vessels, may be made, 35. respecting carriages may be made, notwithstanding, &c., 63. municipal court to have jurisdiction of offences against, 87. police court " " "a 91, may be made respecting dogs, 100. decisions respecting such by-laws, 100, note. decisions respecting market regulations, 110, note. decisions generally, respecting, 275, note. may be annulled by the general court, 276. city council have power to make, 276; when to take effect, 276. not to be repugnant to constitution and laws, 276. city councils may make, to preserve peace, good order, &c., 276, 277. may annex penalties, 277. need not be recited, in complaints, &c., 277. police court to have cognizance of offences against, 277. municipal court to have cognizance of same, 277. how fines shall be appropriated, 277, 278. person committed for non-payment of fine, 278. to be denominated "ordinances," 278. enacting style, 278, 279. to be examined, enrolled, and recorded, 279. to be published in newspapers, 279. this provision directory merely, 279. fines to enure to use of city, except, &c., 279. when ordinances respecting, shall take effect, 279. may be made respecting expense of common sewers, 355. CABS, regulated, 61-76. See Carriages. CAMPHENE, may be regulated by city council, 131. CANAL BRIDGE, 53, note. CANDLE, lighted, forbidden in ropewalk, barn or stable, unless, &c., 13l. CANNON, 145. See Fire Arms. CANOPY, not to project into streets, more than, &c., 375, 376. CARPETS, where not to be shaken, 82, 83. CARRIAGES, drivers of, shall turn to the right, 62. bells to be attached to horses, with sleigh or sled, 62. penalty for violation, 62. action for damages, 62. driver shall not leave his horses, without, &c., 62, 63. mayor and aldermen may make rules respecting, 63. not to impair right of cities to make by-laws, 63. mayor and aldermen may annex penalties, 63. rules to be published before taking effect, 63. one dollar may be demanded for license, 63, 64. INDEX. 515 CARRIAGES, (Continued.) hackney carriage defined, 64. no person to set up, &c., without license, 64. licenses to be granted for, 64. may be revoked, 64. record of licenses to be kept by city marshal, 64. one dollar to be paid for license, 64. marshal to make report of, and pay over sum for licenses, 64. when to expire, and how transferred, 65. who shall be liable to forfeitures, &c., 65. penalty for not taking out and paying for license, 65. manner of marking and numbering, 65. no other number to be used, 66. carriage and horses not to be left, unless, &c., 66. shall not stand, except in place assigned, 66. shall not stop abreast of another carriage, 66. shall not stop to obstruct streets, &c., 66, 67. driver shall wear badge, 67. mayor may give directions for standing and route, 67. rates of fare, 67. amount of baggage to be carried, 67, 68. carriage not to be driven by minor, unless, &c., 68. omnibus, license for shall specify time for starting, 68. not to start until five minutes after preceding one, 68. stopping of, regulated, 68. receiving and leaving passengers, 68. shall not leave designated route, 68. routes established for different lines, 68, 69. trucks, wagons, drays, carts, handcarts, sleighs, sleds and handsleds, to be licensed, 70. to be marked and numbered, 71. not to be used without license, 71. mayor and aldermen to grant licenses for, 71. may revoke same, 71. fee for license, 71. marshal to make report of, and pay over sum for same, 71. when licenses shall expire, 71. how licenses shall be transferred, 71. who shall be liable to forfeitures, 71. penalty for not taking out and paying for license, 71, 72. not to be driven by minor, unless, &c., 72. number of horses to one truck, &c., 72. special permission may be granted for a larger number, 72. pace at which horses shall go, 72. length of trucks, 73. weight of load, 73. Carriages in general, time during which they may stand in street, 73. penalty, 73. 516 IND)EX. CARRIAGES, (Continued.) physicians' carriages excepted, 73. bells required when snow is on the ground, 74. shall not stop so as to cross the flag stone, &c., 74. manner of holding reins, 74. pace at which horses shall go, 74. driver shall remain near horses, 74. shall not obstruct streets, 74, 75. shall not snap or flourish his whip, 75. how trucks, &c., shall be placed, 75. loading and unloading regulated, 75. cart, &c., to be placed near sidewalk, 75. not more than one range to be placed on each side, in streets, 75, 76. in squares, &c., to be placed as directed by mayor and aldermen, 76. horses harnessed not to be fed in streets, 76. at Faneuil Hall market, regulated, 110-117. See Faneuil Hall Market. not to be washed in streets, 209. not allowed on sidewalks, 392. children's hand carriages excepted, 392. CARTS, regulated, 61-76, 110-117. of city, superintendent of streets to have care of, 384. See Carriages and Faneuil Hall Market. CASTLE ISLAND, 153. CATTLE not allowed to go at large, 83. may be impounded, 83. CASK, not to be placed on sidewalk, 392. CELLAR DOORS, regulated, 59, 60, 375, 376, 389, 390, 391. See Buildings and Streets. CEMETERY, may be established by city of Boston, &c., 201. CHARCOAL, dimensions of charcoal baskets, 443. illegal baskets to be seized, 443. dimensions of charcoal boxes, 443. penalty for using other measures, 443. forfeitures, how recovered, 443. CHARIOT, 64. See Carriages. CHARLES RIVER BRIDGE, 53, note. CHARLESTOWN, water may be carried to East Boston, through, 423. CHARTER. See City Charter. CHELSEA, conditions of connection with Boston, 76-78. to assign county property to Boston, 76, 77. shall not hinder applications to legislature, by city of Boston, &c., 77. may apply to be set off to any other county, 77. connection to continue until, &c., 77. county property to remain vested in Boston, 77, 78. act to be accepted by inhabitants, 78. acceptance of same, 78. county property to belong to Boston, 78. INDEX. 517 CHELSEA, (Continued.) Chelsea not to be taxed for county purposes, 78. city of Boston to assess county taxes, 14, 15, 396. divided, and North Chelsea incorporated, 78, note. justices of peace in, shall have no jurisdiction of offences committed in Boston, 92. beaches, 155, note. water may be carried to East Boston, through, 423. CHELSEA FREE BRIDGE, 53. See Bridge. CHELSEA POINT BRIDGE, 52. See Bridge. CHIEF ENGINEER of fire department, 132, 134. See Engineers. CHILDREN. See Apprentices, House of Reformation, Minors and Truants. CHIMNEYS, to be examined and repaired, 79. penalty for not repairing, &c., 79. defective chimneys may be abated, 79. penalty for sweeping without license, 80. foul chimneys to be examined, 80. fires not to be kept in them, 80. penalty for burning chimneys, &c, 81; proviso, 81. CHIMNEY SWEEPERS, to be licensed by mayor and aldermen, 79. rates of compensation to be fixed by mayor and aldermen, 79, 80. penalty for sweeping without license, 80. penalty for employing unlicensed sweepers, 80. CITY CHARTER, passage of the act granting, 2. right of legislature to amend, or alter, 2. to be adopted by inhabitants, 2. adopted by citizens, 2. and amendments, in appendix, 453-483. CITY BUILDINGS, 16, 17, 274, 305-308. See Public Buildings. CITY CLERK. See Clerk of City. CITY COUNCIL. to consist of mayor, aldermen and common council, 3. to have conduct and government of concerns of city, 3. to have power to alter division of wards once in ten years, 3. may impose penalty for unlicensed public exhibitions or shows, 13. See Amusements. may elect mayor and aldermen surveyors of highways, 14, 378. to have powers formerly vested in town of Boston, 14. may make by-laws and annex penalties, 14. may lay and assess city taxes, 14. county taxes, while Chelsea is not taxable therefor, 14, 15. may provide for assessment and collection of taxes, 15. may choose assessors or provide for their election, 16. may require bonds of persons having collection, custody, and disbursement of public moneys, 16. powers of city council and of towns, 14, note (2.) to provide for appointment, &c. of officers, 16. 518 INDEX. CITY COUNCIL, (Continued.) to prescribe their duties and fix their compensation, 16. to choose a register of deeds, when city shall compose one county, 16. to have care of public buildings and public property, 16, 17. to lease or sell the same, except, &c., anti to purchase, 17. to have authority of board of health, 17. to choose city treasurer in convention, 17. all boards and officers entrusted with public money, to be accountable to, 18. shall publish and distribute annual statement of receipts, expenditures, and city property, 18. to meet in convention to fix number of representatives, 18. to direct how warrants for elections shall be served, &c., 21, 22. may make ordinances respecting weighing vessels, 35. may authorize wooden buildings in South and East Boston, 57. may make rules respecting balustrades, 58. to determine amount of salaries of justices of justices' and police courts, 96. may make by-laws respecting dogs, 100. powers and doings in relation to extending Faneuil Hall Market, 108, 109, note. to appoint committee of accounts, I 19. to be apprised by auditor, when expenditures exceed appropriations, 120. city officers to lay quarterly statement of moneys received, before, 123. annual statement to be made to, by auditor, 123. powers in relation to fires, and fire department, 126, 127. may exercise such powers by agency of any persons or boards, 126, 127. may appropriate money for members of fire department injured, 127. may regulate the keeping of gun cotton, camphene, &c., 131. may remove fire engineers, 132. to appoint harbor master, 172. to appoint committee on the harbor, 174. may remove weighers of hay, 181. may make rules respecting hay scales, 181. to have powers of boards of health, 187, 188. such powers may be exercised by agency of others, 188. may constitute either branch or a committee the board of health, 188. powers and duties of, as board of health, vested in mayor and aldermen, 202. to appoint five consulting physicians, 202. to choose city physician, 209. port physician, 211. to appoint master of house of correction, 217. overseers of same, 219. may remove overseers, 219. to determine compensation of overseers, 219. of master, 220. to appoint directors of house of industry, 236. rules of house of industry to be submitted to, 237. reports respecting same to be made to, 237. INDEX. 519 CITY COUNCIL, (Continued. ) to erect house of reformation, or use buildings therefor, 243. to appoint directors, 243. to make rules respecting public library, 256. may make ordinances respecting survey of lumber, 260. to choose surveyor general of lumber, 260. to erect a hospital for insane, 266. shall appoint a superintendent for same, 266. may pass ordinances for same, 266. to choose a board of visitors for same, 270. rules respecting same to be submitted to, 270. to choose superintendent for same, 271. annual report respecting same, to be submitted to, 271. city marshal to report to, 273; city clerk to keep records of, 275. powers of making by-laws, 276, 277. to designate papers in which ordinances shall be printed, 279. to appoint joint committee on printing, 304. on public buildings, 306. to make regulations respecting same, 306. no expenditures exceeding $200 to be made on same without vote of, 307. to choose superintendent of public buildings, 307. no building to be sold without vote of, 308. superintendent of public buildings, to report to, 308. to appoint committee on public lands, 311. to make rules respecting same, 311. to choose superintendent of public lands, 311. no expenditure on public lands to be made without sanction of, 313. to appropriate sum for salaries of instructors, 350. may suspend provisions respecting junk shops, &c., 351. to choose superintendent of common sewers, 358. to choose city solicitor, 360. may empower surveyors of highways to regulate width and height of sidewalks, 374. to accept sidewalks, 374. may order sidewalks to be maintained by city, 374. to choose superintendent of streets, 383. superintendent of streets to make reports to, 383. powers of, as to assessment of taxes, 395, 396. as to election of assessors, &c., 396. may assess city and county taxes separately, or together, 396. may fix time for payment of taxes, 397. to choose assessors, 398. to determine their compensation, 399. to choose assistant assessors, 399. to determine their compensation, 399. may remove assessors, 399. may elect chairman of assessors, 399, 400. to appoint committee on assessors department, 400. 520 INDEX. CITY COUNCIL, (Continued.) record of abatements of taxes to be laid before, 400. to appoint water commissioners, 415. to fix their compensation, 415, 416. to make ordinances, &c., in relation to water, 415, 416. may issue water scrip, 418. may make temporary loans, 419. may issue additional scrip, 419. to regulate the price of water, 419, 420. to choose Cochituate water board, 424. appropriations of, not to be exceeded by said board, 424. said board to report to, 424. to send schedule of water rates to, 425. to choose city engineer, 425. to choose a water registrar, 426. water not to be sold and delivered out of the city, unless by vote of, 428. CITY DEBT, 121-123. See Debt. CITY ENGINEER, 425-426, 428. See Water. CITY LANDS, 17, 309-313. See Public Lands. CITY MARSHAL, 64, 65, 71, 102, 103, 123, 202, 204, 272, 273. See Marshal. CITY MONEYS, 16, 18, 119-123, 313. See Public Mloneys. CITY OF BOSTON, incorporated, 2. to have rights and duties of town of Boston, 2. to be divided into wards, 3. powers of the town of Boston vested in city council, 14. to have powers, duties, &c., mentioned in charter and special laws, 22. actions, &c., by and against, where brought, 23. inhabitants of, shall not be disqualified as magistrates, jurors, appraisers, &c,, in suits where city is interested, 24. to be bound by recognisance, authorized by mayor and aldermen, 24. authorized to purchase Boston south bridge, 47. transfer of same to, 48. to assume care of Boston free bridge, 49. surrender of same to, 50. authorized to construct wharves, &c., at free bridge, 51. may recover damages for injury thereto, 51. authorized to purchase Chelsea point bridge, 52. county property to be transferred to, 76-78. to have management of county buildings, 77. may apply to legislature for alterations of laws respecting courts, without opposition by Chelsea, 77. to pay salaries of justices of police and justices' courts, 96. authorized to contract with banks for payment of interest, 118. Rainsford Island and state arsenal may be released to, 154. may establish cemetery, and make rules, &c., 201. to recover for support of poor persons in house of industry, 238. authorized to establish a public library, 256. remedies of, for support of lunatics, 269. INDEX. 621 CITY OF BOSTON, (Continued.) authorized to construct a branch railroad across South Bay, 309. to pay one quarter of expense of common sewers, 355. powers granted to, in relation to water from Long Pond, 413-415. to be liable for damages therefor, 416. may commence proceedings for damages, in case other party neglects, 417. may make tender, &c., for damages, 418. may purchase property, &c., of Aqueduct corporation, 422. may carry water to East Boston, 423. CITY PIIYSICIAN, 209-211. See Health. CITY PROPERTY, 17, 18. See Public Property. CITY REGISTRAR, 123, 211-213, 274, 321-328. See Registrar. CITY SEAL, 22. CITY SOLICITOR, 122, 123, 360, 361. See Solicitor. CITY TREASURER. See Treasurer. CITY WHARF, not to be sold, leased, &c., 312. CLERK, of city, to enter returns of votes for mayor on journal, 5. returns of votes for aldermen, 8. to record certificate of oaths of office, 11. to be chosen by board of aldermen and common council, in convention, 11. to be sworn, 11; term and tenure of office, 11; his duties, 11. to enter returns of votes for state and national officers on journal, 19. to sign certificate of result of same, 19. to grant licenses for dogs, keep record, account, &c., 102. to pay over moneys to city treasurer, 123. to lay quarterly statement before city council, 123. fees for licenses to innholders to be paid to, 257, 258. office hours of, 274. to have care of records, documents, &c., 275. to keep records of mayor and aldermen, and city council, 275. to record all ordinances in a book, 279. duties in relation to births, marriages, and deaths, 321-327. such duties transferred to city registrar, 321, note, 324, 325, 327. to transmit blank forms of school returns to school committees, 344. report of school committee to be deposited with, 344. duty of, in distributing school returns, blanks, registers, &c., 346. to keep a record of streets, and acceptances of sidewalks, 392. to inform assessors of abatements of taxes made by mayor and aldermen 400. See Registrar. of common council, to record certificate of oaths of office, 11. how chosen, 12; to be sworn, 12; his duties, i2. of Faneuil Hall Market, 109-118. See Faneuil Hall Market. of justices' court, 93-97. See Courts. of market, 109-118. See Faneuil Hall Market. of municipal court, 86-90. See Courts. of police court, 90-93, 97. See Courts. 66 622 INDEX. CLERK, (Continued.) of ward, how chosen, 3. shall be resident of ward, 3; shall keep record, 3. shall preside in absence of warden, 4. shall be under oath, 4; may administer oath to warden, 4. to certify record of votes, 5, 8, 19, 21. to deliver same to clerk of city, 5, 8, 19. to sign certificate of election of common councilmen, 10. voting lists to be delivered to, 21. COACHES, regulated, 61-76. See Carriages. COAL, not to remain in street, longer than, &c., 386. not to be placed on sidewalks, 392. COAL HOLES, regulated, 390, 391. COASTING on sleds in streets forbidden, 386. COCHITUATE WATER BOARD, 424-430. See Water. COCOA, penalty for roasting, except in licensed building, 129, 130. COHORN, 145. See Fire Arms. COMMERCIAL STREET, authorized to be extended, 382. COMMON, not to be sold or leased by city council, 17. to be under care and custody of mayor and aldermen, 81. expenditures on, not to exceed appropriations, 82. police officers may remove offenders from, 82. horses not to be rode upon, except at military exercise, &c., 82. sward, gravel, &c., not to be taken from, 82. trees not to be injured, 82. filth, &c., not to be placed on, 82. carpets not to be shaken within 10 rods of malls or paths, 82, 83. cattle, &c., not to go at large upon, 83. penalties for violation of ordinance respecting, 83. not to be sold, leased, &c., 171, 312. throwing stones on, forbidden, 386. shooting with bow and arrow on, forbidden, 386. exposing gaming tables on, forbidden, 386. COMMON LANDS, sward, gravel, &c., not to be taken from, 82. COMMON COUNCIL, to consist of forty-eight persons, 3. with board of aldermen to compose city council, 3. with aldermen, to elect mayor in case of decease, &c., of mayor, 6. president of, to issue warrant for election, in case no mayor or aldermen is elected, 8. election of four members in each ward, 9. to be inhabitants of the ward, 9. to be furnished with certificate of election, 10. council to decide upon qualifications, elections and returns of members, 10. when and how to be sworn, 6, 10. to sit as a separate body, except when in convention, 12. to choose a president, and clerk, 12. sittings to be public, 12. INDEX. 523 COMMON COUNCIL, (Continued.) twenty-five members to constitute a quorum, 12. with mayor and aldermen in convention to elect city treasurer, 17. president of, to be one of the school committee, 18. members of, not eligible to salaried office, 18. to meet in convention to fix number of representatives, 18. members of, shall hold no other office under city government, 19. reports of superintendent of public lands, to be sent to, 312. to appoint committee to nominate assistant assessors, 399. COMMON CRIERS, regulations respecting, 97, 98. COMMON PLEAS. See Courts. COMPLAINTS under by-laws, &c., 24, 277. it shall not be necessary to set forth such by-law, &c., 24, 277. CONSTABLES, to be appointed by mayor and aldermen, 83. to give bonds, 83; condition of bond, 83. powers of constables, 83. to give additional bond for execution of warrants committed to them by the treasurer, 83. suits upon bonds in name of treasurer, 84. copy of bond to be given to persons applying for same, 84. general laws respecting, 84, note. to serve warrants for ward meetings, 105. meetings of citizens in Faneuil Hall, 106. duty of, in case of fire, 138. firemen exempt from serving as, 127. treasurer and collector may issue his warrant to, 397. duties of, as to collection of taxes, 397, 398. head constables of the watch and constables of divisions, 408. they shall report every morning, 408. their powers and duties, 408-411. CONTAGIOUS DISEASES. See Health and Infectious Diseases. CORD WOOD. See Wood. CORRECTION, House of, 195, 215-235, 247, 248, 305, 307, 495-500. See House of Correction. COSTS, in municipal court, how taxed, accounted for and paid, 89, 90. how examined and allowed, 96. COUNTY, duty of as to state pauper accounts, 295. See Chelsea, City of Boston, Public Buildings and Taxes. COUNTY BUILDINGS, to belong to and be under care of city of Boston, 77. to be provided by the city of Boston, 305. mayor and aldermen to provide for erecting, 305. not to be under charge of joint committee, 307. superintendent of public buildings to have charge of, 308. COUNTY COMMISSIONERS, mayor and aldermen to perform duties of, 14. powers and duties of in relation to houses of correction, 216-235. as to licensed houses, 257-259. as to railroad crossings, damages, &c.. 314-320. See House of Correction, Licensed Houses, and Railroads. .524 INDEX. COUNTY PROPERTY, to be assigned to and vested in city of Boston, 76, 77, 78. COUNTY TAXES, to be assessed by city of Boston, 14, 15, 396. Chelsea not to be taxed for, 78. COURSING or coasting on sleds in streets forbidden, 386, 387. COURTS, to which actions, &c., by city are removed, to have jurisdiction, 23. Court house, to be provided by city of Boston, 305. mayor and aldermen to have authority to provide, 305. not to be under charge ofjoint committee on public buildings, 307. Justices' Court, to be held for civil actions, 93. to have same jurisdiction as justices of the peace in civil cases, 93, 377. teste and form of writs, 93. trustee writs may run into any county, 93. proceedings to be like those before justices of the peace, 93. powers of justices, 94; times and place of holding, 94. appeal allowed to court of common pleas, 94. justices to establish rules of practice, 94. may discharge from prison in certain cases, 94. senior justice to be first justice, 94. to have a separate seal, 94. appointment of clerk, 94, 95. clerk to be sworn and to give bond, 95. to attend and keep record, 95. to make out processes, tax costs, receive fines, &c., 95. to account for and pay over moneys, 95. to appoint assistant clerks, 95. to be responsible for them, 95. may remove them, 95. justice or clerk not to be of counsel, 95, 96. salary of justices, 96; salary of clerk, 96. compensation of assistant clerks, 96. justices of, to be, with judge of probate, board of accounts, 96. penalty of clerk's bond, 97. time for which it shall be in force, 97. Municipal Court, duties of judge to be performed by justices of C. C. Pleas, 86. no justice to hold more than three monthly terms in succession, 86. name, style and caption to remain.the same, 86. time and place of holding, 86. to be adjourned, in absence of judge, 86. concurrent jurisdiction with S. J. C. of crimes not capital, 87. with police court of offences against by-laws of city, 87, 277. of aggravated assaults, 91. appellate jurisdiction, 87, 277. concurrent jurisdiction with C. C. P. of suits on recognizances, 87. may sentence minors to house of reformation, 87. to issue writs, &c., like C. C. P., 87. writs, &c., to run into any county, &c., 87. seal and teste of precepts, 87. INDEX. 525 COURTS, (Continued.) Municipal Court (continued;) seal of the court, 88. summoning and empanelling of grand jury, 88. proceedings on indictment for capital crimes, 88, 89. drawing and returning of traverse jurors, 89. may grant new trials and allow exceptions, 89. no appeal allowed to S. J. C., 89. appointment of clerk and keeping of records, 89. fines, &c., to be paid and accounted for, 89. taxing, certifying and paying costs, 89, 90. clerk to keep and render an account of fees, 90; salary of clerk, 90. to commit vagabonds, &c., to house of correction, 217. may discharge prisoners supposed to be reformed, 219. may commit children to house of reformation, 243, 244, 248. may discharge therefrom, 246. appeals from police court to, 244, 248. in cases of commitment to lunatic hospital, 267. Court of Common Pleas, jury trials in, in case of laying out and widening streets, 14. justices of, to sit in municipal court, 86. to have concurrent jurisdiction of proceedings on recognizances, 87. appeal from police courts, 92. justices court, 94. may issue injunction against nuisance, 191. may revoke assignment of places for offensive trades, 199, 200. may commit vagabonds, &c., to house of correction, 217. may discharge p isoners supposed to be reformed, 219. jurisdiction of complaints against masters or apprentices, 239, 241. may discharge apprentice, or master, from indenture, 239, 241. may assess support of paupers upon kindred, 287. may order with whom pauper shall live, 287. may make new order from time to time, 288. appeals to, in cases of railroad damages, 315. in cases of common sewers, 354. application to, in cases of furnaces and steam engines, 363, 364. in cases of laying out, widening, &c., streets, 370-373. ordinance respecting truants to be approved by, 402. approved by, 403. application to, in case of damages for land, &c., taken for the water works, 416-418. Police Court, how much of special law, ordinance, &c., should be set out, in prosecutions, 24. appeals from, to municipal court, 87, 92. to have concurrent jurisdiction to send to house of reformation, 87. appointment of justices, 90. shall always be three justices, 90; times and place of holding, 90. to have same jurisdiction in criminal matters, as justices of the peace, &c., in other counties, 90, 91. 526 INDEX. COURTS, (Continued,) Police Court (continued;) jurisdiction of offences against by-laws of city, 91, 277. of aggravated assaults, 91. of larcenies, 91; of fornication, 91. appeals allowed to municipal court or court of common pleas, 92. process for witnesses to run into any county, 92. warrants shall be returnable before, 92. fees on warrant issued by justice not allowed, unless, &c., 92. persons arrested for riots, affrays, &c., to be brought before, 92. attendance of parties and witnesses, in case of adjournment, 93. general provisions respecting police courts, 93, rote. senior justice of justices' court to be first justice of, 94. to have a separate seal, 94. to try complaints respecting dogs, 101, 103. libels, when less than 10 qr. casks of gunpowder are seized; 151. offences against harbor laws, 173. may commit vagabonds, &c., to house of correction, 217. may discharge prisoners, &c., supposed to be reformed, 219. justices of, to be inspectors of prisons, 225. may commit children to house of reformation, 243, 244, 248. may discharge therefrom, 246. appeals allowed to municipal court, 244, 248. may commit to lunatic hospital, 267. appeal allowed in such cases, 267; notice may be ordered, 268. senior justice of, to have jurisdiction respecting truants, 403. Supreme Judicial Court, to have concurrent jurisdiction with municipal court, of crimes not capital, 86, 87, 277. indictment for capital crime to be certified to, 88. to have equity jurisdiction as to railroads, 320. to appoint commissioners, on petition, &c., for raising or lowering the price of water, 420, 421. COURTS, OR PLACES. See Streets. CRACKERS, fireworks not to be sold or set fire to without license, 141. CRATE, not to be placed on sidewalk, 392. CRIERS, to be licensed by mayor and aldermen, 97, 98. term of license, 98; penalty for crying without license, 98. to keep a list of matters cried, 98; not to cry libellous matter, 98. penalty for violation, 98. CRIMES AND OFFENCES. See By-Laws, Courts, and Ordinances. CULLERS OF HOOPS AND STAVES, when and how chosen, 274. CURB, defect in, to be repaired at owner's expense, 391. CUTLERY, not to be ground in streets without license, 389. DAMAGED provisions, 200; fish, 201; grain, &c., 209. DANGEROUS DISEASES, 192-199, 202, 210, 211, 231, 294. See Infectious Diseases. DEAD BODIES, not to be dug up, &c., without, &c., 200, 201, 212, 213. DEATHS, Registry of, 321-328. See Registrar. INDEX. 527 DEBT, of city, committee on reduction of, 121. duties of committee, 121, 122. what moneys shall be applied to reduction of, 122. what moneys to be passed to credit of committee, 122. what moneys may be lent to treasurer, by committee, 122. debts due the city, to be put in suit, 122, 123. DEEDS, to be executed by mayor, 98, 99, 306, 312, 425. DEER ISLAND, to be place of quarantine, 211. port physician to reside at, 211. DIRECTORS of house of industry, appointment of, 236. general powers and duties, 236-238. powers and duties as to binding apprentices, 238-242. to be directors of house of reformation, 243, 245, 248, 249. to make returns respecting paupers, &c., 291-293. See House of Industry. DIRECTORS of house of reformation, 243-249. See House of Reformation. DIRT not to be taken from streets without license, 387. DISCHARGE of children from house of reformation, 246. DISEASES. See Health, Infectious Diseases, and Nuisance. DISTRAINING for taxes, 397, 398. See Taxes. DISORDERLY CONDUCT, punishment of, 217, 218. in prison, punishment of, 232, 233. DOGS, by-laws may be made respecting, 100. penalties for breach of same, 100, 102, 103. not to extend to dogs not owned or kept in city, 100. to whom money for licenses shall be paid, 100. dogs to wear collars, 100, 102. double damages to be recovered for injuries by dogs, 100. when dog may be killed, 101. dangerous dogs to be confined by owner, or killed, 101. penalty for neglect, 101; owner liable in treble damages, 101. no dog to go at large without license, 102. city clerk to grant licenses, 102; fee for same, 102. clerk to keep record of same, 102. make quarterly report and pay over moneys, 102. licenses to be numbered, 102. city marshal to cause dogs at large, without collars, to be killed, 102, 103. proceedings when dog disturbs quiet of any person, 103. decisions respecting, 100, note, 102, note. DRAINS, 202-205, 311, 354-359. See Health, and Sewers. DRAYS, regulated, 61-76. See Carriages. DRIVERS of carriages, 61-76. See Carriages. DRUGS, adulterated, not to be sold, 200. DRUNKARD, common, may be sent to house of correction, 217, 218. EAST BOSTON, wooden buildings in, regulated, 57, 60. rates of fare for carriage to, and in, 67. digging of graves at, 213; included in ward No. 2, 404. water may be carried to, 423. vote of city council, to carry water to, 423, note. 628 INDEX. EAST BOSTON COMPANY, incorporated, 103. authorized to hold Noddle's Island, 103. estate not to exceed $500,000, 104. to have power to sell, lease, improve, &c., 104. to lay out streets, 104; to set apart land for public purposes, 104. land set apart by, accordingly, 104, note. EASTERN RAILROAD CO., city of Boston mdy lay water pipes under, &c., the bridges of, 423. ELECTIONS, of warden and clerk, 3. of ward officers, in case of absence of incumbents, 4. of mayor, 5. power of warden to preserve order at, 4, 5. manner of declaring votes, 5; of aldermen, 8. of common council, 9; qualification of voters, 10. of city officers to be provided for by city council, 16. of city treasurer, 17; of overseers of poor, 17. of school committee, 18; of representatives to general court, 18, 19. of governor, lieutenant governor, senators, and representatives to congress, 19, 20. of state and national officers, not to be in general meeting, 20, ncte. voting lists to be made out prior to elections, 20. no person entitled to vote, unless on voting list, 21. ward officers to attend at all elections, 21. warrants for, how issued, served, &c., 21, 22. certain inhabitants may vote in Roxbury, 39. form of warrants for ward meetings, 105. meetings of inhabitants at Faneuil Hall, 106. general laws respecting, 105, note. time for opening and closing the poll, how fixed, 106. of certain city officers, when and how held, 274. EMBEZZLING property at fires, punishable as larceny, 128. ENGINE, penalty for injuring, 129. See Engineers and Engine-men. ENGINEER, city, how chosen, and his duties, 425, 426, 428. See Water. ENGINEERS, OF THE FIRE DEPARTMENT. to prosecute for violation of statute respecting wooden buildings, 57. to report names of persons burning chimneys, 81. number, powers and duties to be prescribed by city council, 126. to have powers and duties of firewards, 127. to examine and remove shavings, &c., 127. to be exempt from military duty, and serving as jurors, or constables, 127. money may be appropriated for relief of, 127. shall repair immediately to fires, 127. shall carry staff or badge of office, 127. may order buildings to be pulled down, 127, 128, 139. may command assistance, 128; may suppress tumults, 128. may direct engine-men, and all other persons, 128. may require and compel assistance, 129. penalty for disobeying, 129. INDEX. 529 ENGINEERS, (Continued.) to license buildings for roasting cocoa, 129. fires not to be kindled or carried in streets, &c., without permission of, 130. duty to prosecute for offences, 131. number of, 132; choice of, and of chief engineer, 132. tenure of office, and holding over, 132. may be removed by city council, 132. certificate of appointment, 132; organization of board, 132, 133. appointment of secretary, 133; rules and regulations, 133. to have superintendence of engines, houses, &c., 133. absences to be reported, 133; duty of, at fires, 133. duty of, in case of fires in adjoining towns, 134. chief engineer to have command, 134. to examine engines, &c., 134. to report, and publish report, &c., 134. to cause repairs to be made, 134. in absence of, senior engineer to act, 135. who shall issue order for election of officers of companies, and preside in certain cases, 135, 136. elections of officers to be returned to chief engineer, 136. chief engineer to report to mayor and aldermen, 136. board to appoint suction hose-men and leading hose-men, 135. steward to each company, 138. to wear caps, badges, &c., 138. to report cases of disobedience to mayor and aldermen, 138. to pull down buildings, when necessary, 139. to examine places where shavings, &c., are deposited, 139. to remove same, 139. to prosecute for neglect to remove same, 139. to make rules respecting gunpowder, 140. compensation, 141; when to provide substitute, 141. to sue for penalty for having loaded fire arms, 145. to seize such loaded fire arms, 145. to approve vaults for keeping gunpowder, 146. may seize and libel gunpowder, kept contrary to law, 146-151. proceedings thereon, 148, 149; to license keeping of gunpowder for sale, 147. form of license, 147; fees for license, 147. tinie, renewal, and rescinding of license, 147. may establish rules and regulations respecting gunpowder, 147, 148. penalty for hindering, or rescue friom, 149; duty of citizens to assist, 149. may enter and examine stores licensed to keep gunpowder, 149. may cause gunpowder to be removed or destroyed in case of fire, 149. way obtain search warrant and search for gunpowder, 149. to publish rules respecting gunpowder, 150; mode of recovering fines, 150. penalty for keeping gunpowder, contrary to rules of, 150, 151. fines to cnure to sole use of, 151. in case engineer is witness, fines to enure to use of poor, 151. chief or any engineer may sue, 152. 67 ,5:30 INDEX. ENGINEMIEN, established, 126. number, duties, qualifications, &c., 126. exempted from military duty and serving as jurors or constables, 127. money may be appropriated for relief of, 127. to be directed by engineers, at fires, 128. number and companies of, 132. to be under control of engineers, 132. commands of chief engineer, 134. number of companies, 135. members to be of full age, citizens and voters, 135. term of service, 135; condition of being entitled to pay, 135. foreman, assistant foreman, and clerk, 135. meeting for choice of officers, 135; officers to be notified of election, 136. certificate of appointment, 136; approval of mayor and aldermen, 136. new election, 136; refusal to elect, 136. officers to serve until discharged, 136, 137; duties of foreman, 137. duty of officers and members of companies, in case of fire, 137. steward, 138; caps, badges and insignia, 138. neglect or refusal of duty, 138; penalty, 138. engineers to report neglect or refusal, 138. certificate and badge, after seven years service, 140, 141. compensation, 141; to provide substitute, 141. not to assemble in engine houses, except, &c., 141. EXCEPTIONS, to be allowed by municipal court, 89. EXHIBITIONS, public, regulated, 13, 31. EXPENDITURES, annual statement of, 123. FALSE ALARM of fire, penalty for, 129. FANEUIL HALL, not to be sold or leased by city council, 17. general meetings of citizens, to be held in, 106. superintendent of, appointed, 107. duties and tenure of office of superintendent, 107. vacancy how filled, 107; salary, 107. hall to be kept in good order, 107; to be examined once a month, 107. FANEUIL HALL MIARKET, extension of, authorized by legislature, 108. extended by mayor and aldermen, 109, note. limits of, 110; no person to occupy stand not assigned to him, 111. horses to be taken from carts, 112. not to be left on Lord's day or evening, 112. agents and servants employed to sell, regulated, 113. how butter shall be sold, 113, 114. persons guilty of fraud, &c., not permitted to occupy stall or stand, for one year, unless, &c., 114. stalls to be leased, 114; lessees to remove offal, &c., 114. offal not to be thrown into passage ways or streets, 115. tainted meat not to be offered for sale, 115. to be removed, 115. stalls to revert to city in certain cases, 115. smoking and sleeping in market forbidden, 1.16. INDEX. 581 FANEUIL HALL MARKET, (Continued.) idle and disorderly persons, &c., not allowed, 116. horses and carriages not allowed on Lord's day, evenings, &c., 116. passage ways not to be incumbered, 116. standing in streets, to sell meat, &c., forbidden, unless, &c., 117. penalties, 117 i; stands to be assigned in streets, within, 117. fees to be charged therefor, 117. penalty for refusal to pay for same. 117. power of removing, in case of neglect or refusal, 117. moneys received by clerk to be paid to treasurer, 118. clerk of, appointed, 109. may employ deputies, 109, 110. tenure of office and compensation of deputies, 109, 110. and deputies to have care of market, 110. to preserve order, and execute regulations, &c., 110. to have control of carts, &c., and assign stands, 1.10, 111. may order same removed, 111. penaly for neglect or refusal to remove, 111. may conduct horse, &c., to stable, in certain cases, 112, may weigh lump butter, &e., 112, 113. to prevent idle persons, &c., from frequenting, &c., 116. may order horses, &c., standing at improper times, to be removed, 116. may assign stands for carts within limits of market, and demand fee therefor, 117. may remove forcibly, on neglect or refusal, 117. Fshall pay over moneys to city treasurer, 118. FARE, for carriages, 67. FARMi SCHOOL, 42, and note, 284 and note. FENCE VIEWERS, when and how chosen, 274.:FIDDLERS, common, to be committed to house of correction, 217, 218. FIELD DRIVER, may impound horses and cattle going at large, 83. when and how chosen, 274. FILTH, not to be placed on common, common lands, or squares, 82, not to remain in market, 114. not to be thrown into passage ways or streets in market, 115. not to be thrown out, left, or removed, without, &c., 206. how removed, 206, 207. See Health and Nuisance. FINANCIAL YEAR, to be from May 1, to April 30, 121. FINANCE, 118-124; joint committee of, 121. their duties, 121. moneys for sale of public lands, to be paid to treasurer, 313. See Accounts, Auditor, Public Moneys, and Treasurer. FINES, under laws respecting gunpowder, how recovered, and to whose. use, 151, 152. under health laws, how to be recovered, 189. to whom they shall enure, 189; under lumber ordinance, 265. 532 INDEX. FINES, (Continued.) may be imposed, under by-laws 276, 277. under by-laws, how recovered mnd appropriated, 277, 278. persons committed fo-r non-payment of, 278. to enure to use of city, except, &c., 279. FIRE, regulations respecting chimneys, flues, stove-pipes, &c., 79-81. fire department, engineers and enginemen, 124-141. fire arms, rockets, bonfires and kilns, 141, 142. fuel, 142, 143; furnaces for glass, 143, 144. gunpowder, 144-152. steam engines and furnaces, 362-365. not to be carried through, or kindled in, streets, &c., without permission of engineers, 130. removal of prisoners, in case of, 231. provisions respecting, not applicable to Boston, 131, note. See Buildings, Engineers, Enginemen, Fuel, 1Furnaces, Gunpowder and Steam Erngines. FIRE ARMS, not to be discharged, except, &c., 141. loaded, not to be taken into houses, stores, &c., 145. may be seized and forfeited, 145. FIRE DEPARTMENT, 124-141. members of, exempt from military duty, and serving as jurors, or constables, 127. money may be appropriated for relief of, 127. charitable association of, 131, note. members of, to be of full age, citizens and voters, 135. terms of service of, 135. entitled to certificate and wear badge, after seven years service, 140. compensation of, 141. to provide substitute, 141. See Engineers and Enginemen. FIRE PLACES, regulated, 79-81. under tar-kettles, boilers and coppers, regulated, 130. FIREWARDS, duties of, vested in engineers, 127. See Engineers. FIREWOOD, not to remain in street longer than, &c., 386. not to be sawed on sidewalk, &c., 392. regulations respecting sale of, 441-444. See Wood. FIREWORKS, not to be sold or set fire to, without license, 141. FISH, tainted, not to be sold for food, 201. burden on defendant to show that it was sold for other purposes, 201. how prepared for sale, 207, 208. how refuse parts of, shall be disposed of, 207, 208. not to be sold in certain streets, without, &c., 208. FLATS, in Mill Dam empty basil, may be covered with water, &c., 201. FLUE, penalty for setting on fire, 81. FOOD, punishment for selling adulterated, 200, 201. FOOTBALL, forbidden in streets, 386. INDEX. 533 FOUNTAINS, to be under care of mayor and aldermen, 81. FOWLING PIECE, not to be discharged, in city, 141. FRAMINGHAM, inhabitants of, may use water for certain purposes, 422. FREE BRIDGE, 48-52. See Bridye. FRUIT, sale of, by minors, may be restrained, 176. FRONT STREET authorized to be cxtended, 382. FUEL, contracts for to be made by committee, 142. committee to advertise, 142; sealed proposals to be sent in, 142. contract shall provide for delivery, 143; to be weighed or measured, 143. superintendent to attend to delivery and reception, 143. chairman of committee to certify bills for, 143. provision for, in jails and houses of correction, 232. FUNERAL CARS, to be provided by city registrar, 212. care of, 212; use of, 213; fees for, 213, 214. FUNERALS, regulations respecting, 211-214. FURNACES, for glass, to be licensed, 143. if unlicensed may be abated as a nuisance, 144. adoption of act respecting, 144, and note. for melting iron, 362-365. See Steam Engines and Furnaces. FUSIBLE SAFETY PLUG, to be used with steam boilers, 364, 365. See Steam Engines and Furnaces. GAMING TABLES, not to be exposed in streets, or on the common, 386. GAS COMPANY authorized to open streets to lay gas pipes, 381. GENERAL MEETINGS, of citizens, when to be held and how to be called, 21. GEORGE'S ISLAND, 153. GLASS FURNACES, regulated, 143, 144. GOATS, not to be kept without license, 208. not to go at large in streets, 391. GOODS not to be hung so as to project into street more than one foot, 376. not to be raised or lowered on outside of any building, except, &c., 377. not to project into street, 387. GOVERNO IR election of, 19, 20. lieutenant. election of, 19, 20. GOVERNOR'S ISLAND, 153. GRAIN, measures for, 438. GRATINGS in streets regulated, 390. GRAVES, regulations respecting, 212, 213. GREAT BREWSTER, 154. GRINDING CUTLERY in streets forbidden unless licensed, 389. GUN, not to be discharged in city, 141. See Fire Arms. GUN COTTON, keeping of, may be restricted, 131. GUNPOWDER, rules respecting, may be made by engineers, 140. fire arms loaded with, not to be taken into house, store, &c., 145. may be seized and forfeited, 145. not more than 400 pounds to be kept by U. S. or state officers, 146. how to be kept, 146; otherwise, may be seized and sold, 146. not more than one pound to be kept, except as prescribed, 146, 147. 534 INDEX. GUNPOWDER, (Continued.) forfeiture, 147; not to be sold without license, 147. form, and duration of license, 147. engineers may rescind same, 147; fees for license, 147. engineers may establish rules and regulations, 147. seizure and libelling of, 148; course of proceedure thereon, 148. penalty for hindering or rescue, 149; duty of citizens to assist engineers, 149. engineers may enter licensed stores, and examine, &c., 149. search warrant to search for, 149. action for damages for persons injured by, 149. rules to be published, 150; recovery of fines, &c., 150. indictment need not set forth more of act than is necessary, &c., 150. penalty, 150, 151; how fines shall be appropriated, 151. proviso, when engineer is a witness, 151. libel in police court, when less than 10 qr. casks are seized, 151. chief or any engineer may sue for and recover fines, &c., 152. general laws respecting, 152, note. HACKNEY CARRIAGES, 61-76. See Carriages. HALF.WAY ROCK, 153. HANCOCK FREE BRIDGE, 53, note. HANDCARTS, regulated, 70-76. See Carriages. HANDSLEDS, regulated, 70-76. See Carriages. HARB0 R. Islands. Thompson's Island, annexed to Boston, 41. concurrent jurisdiction ceded to U. S., over certain islands, 153, 154. Rainsford Island, provisions respecting, 154. no earth or stones to be taken from Bird Island, 155. any island, 155. this shall not prevent taking of shell fish, 155. fire not to built on Spectacle Island, without, &c., 156. a.rbor Lines. from Free Bridge to Warren Bridge, 156, 157. between South Boston Free Bridge and old South Boston Bridge, 158, 159. between Warren Bridge, (Boston side,) and Mill Dam, 159, 160. on Charlestown side of harbor, 160, 161. on East Boston side of harbor, 161-163. between West Boston Bridge and Mill Dam, 163, 164, 170. from Boston and Maine R. R. Co.'s island to Canal Bridge, 164. from Canal Bridge to Mill Dam, 164. parallel to Mill Dam to northern shore of Charles River, 164. in Miller's River, 164, 165. along Charlestown Branch R. R. Co.'s sea wall, 165. from Charles River to Miller's River, 165. to point on Prison Point Bridge, 165. to point opposite end of Fitchburg R. R. Bridge, 165. INDEX. 535 HARBOR LINES, (Continued.) to Boston and Lowell R. R. Bridge, 165. in South Bay, 165. from Miller & Nason's Wharf, across South Bridge, 165. to Roxbury Creek, 165; in Chelsea Creek, 166. on East Boston side of same, 167, 168; on Chelsea side, 168-170. no wharf or pier to be extended beyond, 156, 157, 163, 166, 170, 171. no wharf, &c., to be extended towards, further than, &c., 157, 163, 166. no wharf, &c., to be erected, &c., in any other part of harbor, 158. penalty, 158, 163, 166, 170. erection may be abated as a nuisance, 158, 163, 166, 170. reported by commissioners, 156-170. proprietors between West Boston Bridge and Mill Dam authorized to extend wharves to, 171. on condition sea wall is built, 171. Harbor regulations; where vessels shall anchor, 171. trim of vessels at wharves, 172, 174. no stones, gravel, &c., to be thrown into harbor, 172. regulation of warps and lines, 172. ashes, cinders, &c., not be thrown into harbor, 174. master and owners of vessels liable, 174. vessels to keep anchor watch, and light, 174; penalties, 171-174. Harbor Master, to notify of provisions of law, 171. to decide as to warps and lines, 172. to be appointed by city council, 172; to give bond, 172, 173. may appoint deputy, 173; compensation, 173. to enforce laws and prosecute offences, 173. to regulate anchorage, 173. penalty for obstructing or disobeying, 173. to report vessels having hides, &c., to city physician, 210. master of such vessel to report to, 210, 211. Committee on, how appointed, 174. powers and duties of, 174, 175. expense incurred by committee on, not to exceed appropriation, 175. HAWKERS AND PEDLERS. penalty for selling, &c., without license, 175, 176. fruits, provisions, &c., &c., may be sold, 176. sale of jewelry, liquors, cards, &c., prohibited, 176. mayor and aldermen, &c., may restrain sale of permitted articles by minors, 176. secretary of state to grant licenses, 176. certificate of mayor, &c., as to residence and character, 176, 177. extent of license, 177; sums to be paid therefor, 177. sums to be tendered to treasurer, 177. dates and terms of licenses, 178; records thereof to be kept, 178. special state and county licenses, 178, 179; fees therefor, 179. sale of tin, britannia, glass and wooden ware, 179. appropriation of fees for licenses, 179. 536 INDEX. HAWKERS AND PEDLERS, (Continued.) name, residence and nnmber, to be borne on vehicle, &c., 179. license to be exhibited, when, &c., 179; penalties, 179, 180. HAY, weighers of, to be appointed, 180, 181, 183. they shall conform to rules of city council, 181. may be removed by city council, 181; duties of, 183. time when they shall attend, 183. accounts and certificates, form of, 184; fees for weighing, 184. no fees for weighing on account of the city, 184. compensation of, 184. penalty for other person's setting up hay scales, 181. how pressed hay shall be branded, 181. forfeiture of hay offered for sale without such brand, 181. how forfeitures shall be recovered, 181. inspectors of bale or bundle hay, how appointed, 181, 182. may be removed, 182. to weigh all bale or bundle hay, 182. to furnish themselves with scales and weights, 182. fees of, 182. how inspected hay shall be branded, 182. penalty for selling bale or bundle hay without inspection, 182, 183. stands for sale of hay and straw, to be appointed, 183. penalty for standing in other place for sale, &c., 183. public scales to be established, 183. decimal weights, 183. R. S. 28, ~~ 95-98, adopted, 184. trying and sealing hay scales, 435; fees for same, 435. penalty for-using hay scales, &c., not sealed, 435. HEALTH. Board of Health, powers of, vested in city council, 17, 187, 188. how to be exercised 17, 187, 188. may be exercised by agency of others, 188. either branch of city council, &c., may be constituted, 188. shall order nuisances, &c., removed, 188, 189. penalty for permitting nuisances to remain, 188, 189. order of removal, how served, 189. procecedlings when order is not coniplied with, 189. how expenses of removal shall be recovered, 189. fines, how recovered, 189. shall enure to use of city, 189. may appoint a physician, 190. may establish his salary, fees, &c., 190. to make regulations as to nuisances, in town and on board of vessels, 190. as to infected articles, 190. as to interments, 190. to publish regulations, 190. to examine, remove and destroy nuisances, 191. INDEX. 537 HEALTH, Board of (Continued.) court may order nuisance removed, at expense of persons convicted, 191. injunction may be issued against nuisance, 191. board may make compulsory examination of premises, &c., 191. may grant permit for removal of nuisance, infected articles, or sick person, 192. to make provision for persons having dangerous disease, 192. to station persons on borders of state, to examine travelers, &c., to prevent infections, 192, 193. warrants to be issued to remove sick persons, 193. to secure infected articles, 193. to impress houses, nurses, &c., 193. houses, &c., may be broken open, and aid commanded, &c., 194. expenses, how paid, 194; town to make compensation, 194. may remove occupants of cellar, &c., whenever, &c., 194. prisoners attacked with disease in jails, 195. order of removal to be attested by presiding member, 195. removal shall not be an escape, 195. may establish quarantine, 195, 196. regulations to extend to all persons, 196. to be binding after notice, 196. may order vessels to quarantine, 196. to put questions to masters of vessels, on oath, 196. penalty for refusal to answer, 196; expenses, how paid, 196. to make provision, in case of dangerous diseases, 197. to provide hospitals, 197. to provide for persons who cannot be removed, 197. towns may establish hospitals, 197. hospitals to be subject to regulations of, 198. hospital not to be within 100 rods of dwelling house in adjoining town, without, &c., 198. physician, nurses, &c., in hospital, to be subject to, 198. to prevent spreading of infection, 198. to give notice by red flags, &c., 198; penalties, 198. householders to give notice of infectious disease, to, 198, 199. physicians to give notice to, 199. inoculation may be provided for, under direction of, 199. bodies not to be dug up, without authority from, &c., 200, 201. may cause Mill Dam flats to be covered with water, &c., 201. mayor and aldermen shall constitute, 202. powers and duties of mayor and aldermen respecting health, 202-215. City Physician to be chosen, 209. tenure of office and compensation, 209. to examine nuisances, &c., on board vessels, &c., 209. to cause the same to be removed, &c., 209. apartment to be provided for, 209; to vaccinate those who apply, 210. to furnish certificate, provided, &c., 210. to keep and supply vaccine virus, 210. 68 538 INDEX. HEALTH, (Continued.) City Physician, (continued,) to attend cases of disease in jail, 210. to examine cases of disease, &c., 210. to keep record of cases of small pox, &c., 210. of doings of his office, 210. harbor master to report vessels having hides, &c., to, 210. master of vessel to give notice to, or to harbor master, 210, 211; Port Physician, to be chosen, 211. tenure of office and compensation, 211. to reside at Deer Island, 211. to superintend quarantine, 211; to perform services, 211. to keep record of cases of small pox, &c., 211. of other doings, 211. to make returns, 211. Interment of the Dead. to be under charge of city registrar, 211. registrar to have care of burying grounds, 212. may give licenses for burials, 212. dead bodies not to buried without license of, 212. to provide funeral cars, 212. to keep them clean, &c., 212. time of burials, except otherwise ordered by, 213. graves not to be dug without permission of, or of mayor and aldermen. 213. bodies not to be removed, without license of, 213. not to be disturbed, without license of, 213. graves, or tombs, not to be opened, &c., without permission of, or of mayor and aldermen, 213. depth of graves, 212; tolling of bells, 213. funeral cars, 212, 213; undertakers, 212; porters, 212. no other person to undertake funerals, 212; burial fees, 213, 214. mayor and aldermen may make regulations concerning, 214, 215. penalties, 215. General provisions; places to be assigned for offensive trades, 199. assignment may be revoked by court of common pleas, 199, 200. person injured by offensive trade, may have an action therefor, 200. selling unwholesome provisions forbidden, 200. adulterated food or liquors, 200. adulterated drugs or medicines, 200. tainted or damaged fish, 201. digging up, &c., dead bodies, forbidden, unless, &c., 200, 201. city may establish cemetery, 201. laws on subject of, to be executed by city marshal, 202. consulting physicians, 202. houses, &c., to be furnished with privies, vaults and drains, 202. how privies, &c., shall be constructed, 203. may be connected with common sewers, 203. notice to be given, where privies, &c., are not constructed, 203. INDEX. 539 HEALTH, (Continued.) privies, &c., to be constructed, at owner's expense, 203. vaults, &c, to be cleansed, 204. regulations as to emptying same, 204. applications for cleansing vaults, 204. prices to be paid therefor, 204. further regulations as to cleansing vaults, &c., 205. waste water to be conveyed to common sewer, 205. persons too numerous in dwelling houses, &c., may be removed, 2(5. where house is unprovided with vaults, occupants may be removed, 205. how house offal, &c., shall be kept, and removed, 206. filth, &c., not to be thrown out, or left, 206. dead animals, &c., not to be thrown in dock, &c., 206. how filth, &c., may be removed, 207. sale and keeping of fish, regulated, 207, 208. fish, &c., not to be sold in certain streets, without, &c., 208. how vegetables shall be prepared for sale, 208. swine and goats not to be kept without license, 208. horses and carriages not to be washed in streets, &c,, 209. damaged grain not to be landed without permit, 209. health and cleanliness of jails, &c., 229. personal cleanliness of prisoners, 230. bathing and ventilation of same, 230. removal of prisoners, in cases of dangerous disease, 231. Health Law of 1816, in Appendix, 483-495. HIGHWAYS. See Streets. HOGS, not to be kept without license, 208. HOOK AND LADDER MEN, 132-141. See Enginemen, and Fire Department. HOOPS AND STAVES, cullers of, when and how chosen. HORNS, not be blown in streets, to give notice of business, unless,:&c., 388. HORSES, harnessed to carriages, not to go faster than seven miles an hour, 74. not to be rode or driven on common, or squares, except, &c., 82. not allowed to go at large, 83; may be impounded, 83. not be washed in streets, 209; not to be fed in streets, 76, 391. not to be ridden or driven faster than 6 miles an hour, 391. not to go at large in streets, 391. See Carriages and Faneuil Hall Mlarket. HOSEMEN, 133-141; leading and suction hosemen, 138. See Enginemen, and Fire Department. HOSPITAL, may be established for infectious diseases, 197. regulations of same, 197, 198. at Deer Island to be under superintendence of port physician, 211. See Health, and Lunatic Hospital. HOUSE OF CORRECTION. prisoners in, sick with infectious disease, may be removed, 195. in Boston, to be house of correction for county, 26., by whom to be erected or provided, 217. 540 INDEX. HOUSE OF CORRECTION, (Continued.) yards, workshops, accommodations, &c., 217. when jails shall be used for purpose of, 217. appointment of master of, 217. vagabonds, rogues, idlers, &ec., to be committed to, 217: 218. manner of commitment to, 218. discharge of prisoners supposed to be reformed, 219, 220. materials, and implements for work, 220. expenses of support of convicts, 220, 224. recovery of the same from towns, prisoner's kindred, &c., 221, 224, 225. sentences to, 221, 222; minors to be sentenced to, 222. certain minor convicts may be sent to house of reformation, 222. sentence of convicts, not before sentenced, 222. solitary confinement, how executed, 222, 223. how convicts shall be kept at work and confined, 223. punishment of prisoners for refusing to work, 223. advancement of money for tools and materials, 223. such money and proceeds of labor to be accounted for, 223. how articles manufactured shall be disposed of, 223, 224. allowance by commonwealth for support of prisoners, 225. notice to be given to selectmen of towns, 225. what expenses not recoverable of towns, 225. extent of recovery of expenses, 225. spirituous and mixed liquors prohibited, 228, 229. classification and separation of prisoners, 228. penalties for neglect of duty, 228, 229. health and cleanliness, 229, 230; food, 230. weekly bath, 230; ventilation, 230. instruction in reading and writing, 230. prisoners to have bibles, 230; may be visited by ministers, 230. county commissioners to provide moral and religious instruction, 231. removal of prisoners, in case of dangerous disease, 231. in case of fire, 231. to different jails in the same county, 232. supply of fuel and allowance therefor, 232. specific rations, ordered by commissioners, or mayor and aldermen, 232. restraint and punishment of refractory prisoners, 232, 233. recovery for damage done by them, 233. sheriff, master, &c., to have authority to preserve order, 233. punishment of prisoners for escaping, 233. for attempting to escape, 233, 234. secretary to prepare, &c., blank form of return, 234. sheriffs and overseers to make true yearly returns, 234. returns to give information respecting insane and idiots, 234. secretary to embody returns, 235. not to be erected, &c., in another city or town without its consent, 235. general provisions respecting houses of correction, 235, note. children may be transferred to house of reformation from, 247, 248. INDEX. 541 HOUSE OF CORRECTION, (Continued.) to be provided at expense of city of Boston, 305. by mayor and aldermen, 305. not to be under charge of joint committee, 307. rules and regulations of, in Appendix, 495-500. Inspectors of prisoners, who shall be, 225, 226. their duties, 226; to make reports, 226. powers, on examination, 227; shall give notice of violations of law, 227. to transmit information to governor, 227. to return statement of expense of moral and religious instruction, 231. Master, how appointed, 217; compensation, 220. claim for keeping prisoners, how allowed and paid, 220, 221, 224, 225. how to recover amounts due, 221, 224, 225. duties as to solitary imprisonment, 222. how to keep convicts at work, 223. duty as to manufacture and sale of articles, 223. to notify selectmen of towns in certain cases, 225; to make returns, 226. to admit inspectors, and exhibit books, accounts, &c., 227. not to give or sell spirituous liquors, &c., to prisoners, 227, 228. penalties for neglect of duty, 228, 229. to keep house clean and healthful, 229. to see that prisoners are cleanly in person, 229. to provide bibles, 230; to furnish fuel, bedding and clothing, 232. to furnish specific rations, when, &c., 232; authority to preserve order, 233. Overseers, to be appointed, 219; to see that rules are observed, 219. to examine master's accounts, 219, 220, 221. to make contracts for work, 219; compensation, 219. removal, 219; vacancies, how filled, 219. powers as to discharge of prisoners, 219, 220. to provide materials for work, 220. certificate as to expense of prisoners, 221. to notify selectmen of towns in certain cases, 225. duty as to punishment of refractory prisoners, 232. to make yearly returns, 234. HOUSE OF INDUSTRY. dead bodies not to be dug up, without authority from directors of, &c., 200, 201. manner of commitment to, 218. no almshouse to be erected, &c., in any town, without its consent, 235. remedies for recovering expenses of support of paupers, 238. origin of, (in Appendix,) 501-506. Directors of, how appointed, 236. vacancies, how filled, 236; to appoint superintendent, 236. to have powers of overseers of poor in governing house, 236. in sending persons to it, 237. relative to paupers, 237. relative to binding out children, &c., 237, 242. 542 INDEX. HOUSE OF INDUSTRY, Directors of, (Continued.) acts, of, to have same effect as if done by overseers of poor, 237. to make annual reports, 237; to render annual accounts, 237. rules to be submitted to city council, 237. five directors may establish rules, 237, 238. may bind poor children as apprentices, 238. until what age, and upon what terms, 238. by indenture of two parts, one to be kept for the minor, 239. consideration to be for use of apprentice, 239. to inquire into treatment of children, 239. may file complaint for misconduct of master, in C. C. P., 239. court may thereupon discharge the apprentice, 239. if complaint is not maintained, master may have costs, 239. master liable to action on indenture, 239, 240. by whom such action may be brought, 240; proceedings therein, 240. limitation of such action by the apprentice, 240. when court may discharge the apprentice, 240. absconding apprentice may be arrested, &c., 240, 241. proceedings in such case, 241; costs, 241. master may file a complaint, 241. may be discharged from contract, 241. apprenticeship discharged by death of master,.242. minor may be bound to mistress, 242. common law right of.father not affected, 242. to be directors of house of reformation, 243, 245, 248, 249. to make returns respecting paupers, 291-293. HOUSE OF REFORMATION. municipal and police courts to have jurisdiction to send minors to, 87. certain convicts may be sentenced to, 222. may be erected, or buildings used for, 243. directors of house of industry to be directors of, 243, 245, 248, 249. children convicted of criminal offences may be received into, 243. assent of directors necessary to sentence, 243, 244. appeal allowed from sentence of police court, 2.44, 248. idle, &c., children may be sentenced to, 244, 248. -how long such children may be kept, 244. how children shall be employed and instructed, 245. how children may be bound out, 245, 249. provisions respecting the binding of children, &c., 245, note. directors to have powers of overseers of poor as to same, 245. court may discharge minors, on recommendation of directors, 246. children may be transferred from house of correction or jail to, 247. separate branch for females may be established, 248. may be united with Boylston Asylum, 248, 249. rights and powers of directors, 249. changes in organization of directors, 248, note. truant children may be sent to, 402, 403. HOUSE OFFAL, 206. INDEX. 543 HOUSES. See Buildings. HOWITZER, 145. See Fire Arms. HYDRANT-MEN, 132-141. See Enginemen, and Fire Department. HYDRANTS, penalty for injuring, 422; for opening, 428. HYGIENE, to be taught in schools, 349. ICE, on sidewalks, to be made safe, 394. when thrown into streets, to be broken up, &c., 394. IDIOTS, 265-271. See Lunatics. IDLE PERSONS, to be committed to house of correction, 217, 218. children, may be sent to house of reformation, 244, 248. IMPOUNDING, of cattle and horses going at large, 83. INCUMBRANCES. See Harbor, Streets, and Wharves. INDICTMENT for capital crime, 88. INDUSTRY, HOUSE OF, 200, 201, 218, 235-242. See House of Industry. INFECTIOUS DISEASES, board of health to provide for persons infected, 192. persons may be stationed on borders of state, to prevent, &c., 192, 193. warrants may be granted to remove persons infected, 193. to secure infected baggage, &c., 193. houses, &c., may be impressed for safe keeping of same, 193. houses, &c., may be broken open, 194. expenses, how paid, 194; town to make compensation, 194. removal of prisoners, attacked in jail, &c., 195, 231. sick persons may be removed to separate house, 197. hospitals may be provided, 197. sick who cannot be removed, to be provided for, 197. care to be taken to prevent spread of, 198. householders to give notice of, 198, 199. physicians to give notice of, 199. duties of consulting physicians, in case of, 202. record to be kept of, and report made, 210, 211. accounts for support of state paupers, sick with, 294. INJUNCTION, may be issued against nuisances, 191. steam engines and furnaces, 364. INNS AND INNHOLDERS, 257-259. See Licensed Houses. INOCULATION, 199. INSANE PERSONS, 265-271. See Lunatics. INSPECTORS OF ELECTIONS, five to be chosen, 4. to be residents of the ward, 4. with warden, to receive, sort, count, and declare votes, 4, 5, 8, 19. to certify record of votes, 5, 8, 19, 21. to sign certificate of election of common councilmen, 10. to use voting lists, 21. INSPECTORS OF HAY, 180-184. See Hay. INSPECTORS OF LIME, when and how chosen, 274. INSPECTORS OF PRISONS, who shall be, 225. returns to be made to, 226; duties of, 226; to make reports, 226. powers to examine, 227 i to give notice of violations of law, 227. 544 INDEX. INSPECTORS OF PRISONS, (Continued.) to transmit copies of such information to the governor, 217. to return a statement of expense of moral and religious instruction, 231. to be inspectors of Boston Lunatic Hospital, 265. INSPECTORS OF SOLE LEATHER, their appointment and duties, 252-254. See Leather. INSTRUCTION, to be furnished to prisoners, 230, 231. INSTRUCT()RS, 339, 340, 342, 347, 349, 350. See School Instructors. INTELLIGENCE OFFICES, not to be kept without license, 249, 250. licenses for, how granted and revoked, 250. INTEREST, authorized upon accounts of city with banks, 118. See Water. INTERMENT OF THE DEAD, to be regulated by board of health, 190. dead bodies not to be dug up, &c., without, &c., 200, 201. city may establish cemetery, 201. regulations respecting, by ordinance of city, 211-215. See Health. IRON not to be placed on sidewalk, 392. ISLANDS, concurrent jurisdiction ceded to U. S. over certain, 153, 154. provisions respecting Rainsford Island, 154. Bird Island, 155. no earth, gravel, stone, &c., to be taken from, 155. taking of shell fish not forbidden thereby, 155. fire not to be built on Spectacle Island, without, &c., 156. in the harbor, included in ward No. 2, 404. JAIL, prisoners attacked with disease in, how removed, 195. such removal shall not be an escape, 195. diseases in to be attended by city physician, 210. when to be used as a house of correction, 217. provisions respecting jails and houses of correction, and prisoners confined in the same, 222-235. general provisions, 235, note. children may be transferred to house of reformation from, 247, 248. to be provided at expense of city, 305. by mayor and aldermen, 305. not to be under charge of joint committee on public buildings, 307. See House of Correction. JUDGE OF PROBATE, to be member of board of accounts, 96. to be one of the inspectors of prisons, 225. JUGGLERS, to be committed to house of correction, 217, 218. JUNK, regulations respecting dealers in, 351-353. See Second hIand Articles. JURISDICTION, 86-94. See Courts. concurrent, of United States, in certain places, 153, 154. JURORS, not disqualified, because inhabitants of Boston, in suits in which city is interested, 24. grand jurors, how drawn and empanelled, 88. proceedings in case of an indictment for a capital crime, 88. traverse jurors for municipal court, 89. general provisions respecting jurors, 88, note. members of fire department exempted from serving, 127. INDEX. 545 JUSTICE OF THE PEACE, in Chelsea, to have no jurisdiction of offences not arising in that town, 92. fees on warrants not allowed to, unless, &c., 92. in Boston to be conservators of the peace, 92. powers and duties in cases of infectious disease, 193, 194. duties of, as to suppressing riots, 330-335. JUSTICES. See Courts. JUSTICES COURT, 93-97. See Courts. KETTLES AND BOILERS, regulated, 130. KILNS, to be licensed, 142. KINE, not to go at large in streets, 391. LAMPS, forbidden in ropewalk, barn or stable, unless, &c., 130. may be set up in streets, &c., by mayor and aldermen, 250. penalties for injuring or destroying, 250, 251. LAND AND FLATS west of Charles street, not to be sold, leased, &c., 312. See Public Lands. LANDAU, 64. See Carriages. LANES. See Streets. LANTERN, not to project into streets, &c., 388. LARCENY, embezzling of property, at fires, declared to be, 128. LEADING HOSE1MEN, 138. LEASES, to be executed by mayor, 98, 99, 306, 312, 425. schedules of, to be laid before city council, 123. to be made by committee on public buildings. &c., 306. LEATHER, inspector general of sole leather to be appointed and to give bond, 252, note. deputy inspectors to be appointed and to give bond, 252. inspector general to make returns, 252. sole leather not to be sold until inspected, weighed and scaled, except, &c., 252. penalty, for buying or selling sole leather not inspected, 253. inspector's duty to inspect, 253; deputy inspector's duty, 253. sole leather, how weighed and stamped, 253. penalty for counterfeiting inspector's marks, 254; fees, 254. penalty when weight varies five per cent., 254. manufacturers may stamp their articles, 254. such stamp shall be a warranty, 254. penalty for fraudulently stamping, 254..Measurers of Upper Leather to be appointed, 254, 255. to attend to measuring and sealing upper leather, 254. to procure measures and seals, 255. penalty for counterfeiting marks of, 225; fees of, and how paid, 255. LEWD, WANTON AND LASCIVIOUS PERSONS, to be sent to house of correction, 217, 218. LIBRARY, Public, may be established by city, 256. city council may make rules respecting, 256. 546 INDEX. LIBRARY, (Continued.) acceptance of act respecting, 256, note. appropriations for, not to exceed $5,000 in any one year, 256. school, money may be raised for, 349. general provisions respecting, 256, note. See School Libraries. LICENSES, for amusements, theatrical exhibitions, &c., 13, 31. for auctioneers, 32; for carriages, 63-76. for chimney sweepers, 79, 80; for common criers, 97, 98. for dogs, 100, 102; for fireworks, brick kilns, &c., 141, 142. for glass furnaces, 143; for selling gunpowder, 147. for hawkers and pedlers, 175-180; for intelligence offices, 249, 250. for innholders, retailers, &c., 257-259; for porters, 302. for dealers in junk, and second hand articles, 351-353. for steam engines and furnaces, 362-364. where thing is forbidden to be done without license, it may be licensed, 394. LICENSED HOUSES. mayor and aldermen may license innholders and retailers, 257. commissioners in the several counties may license, 257. court of common pleas may license in Chelsea, 257. license shall specify street and number, &c., 257. shall be used in no other place, 257. mayor and aldermen may license victuallers, 257. licenses shall expire on April Ist, 257. fee for license, 257; to be paid to city clerk, 257, 258. licenses to sell wine, beer, &c., 258. innholders, &c., may be forbidden to sell to spendthrifts, 258. such prohibition may be renewed, 258. penalty for transgressing, 258, 259. mayor and aldermen to perform duties of county commissioners as to licensed houses, 259. license may be granted without authority to sell liquor, 259. county commissioners not required to license when, &c., 259. sale of liquors may be licensed for mechanical and medicinal purposes only, 259. general laws, respecting, 259, note. LIGHT HOUSE ISLAND, 153. LIGHTS, to be put up in streets, when aqueduct or drain is repaired, 384, 385. when part of street is allotted for building, 385. LIME, inspectors of, when and how chosen, 274. LIME KILNS to be licensed, 142. LIGHTERS, provisions respecting weighing of, 33-35. LIQUORS, spiritous, &c., punishment, for selling adulterated, 200. punishment for selling without license in the open air, booth, or gaming room, 217, 218. prohibited in jails, houses of correction, &c., 227, 228, 229. provisions respecting licenses, 257-259. general laws respecting, 259, note. See Licensed blouses. INDEX. 547 LISTS. See Voting Lists. LIVERY STABLES, not to be erected within 170 feet of any church, 55, 56. keepers of, not to wash carriages or horses in streets, 209. not to allow manure to accumulate, 209. See Stables. LONG ISLAND IiEAD, 153. LONG POND. See WaVter. LOVELL'S ISLAND, 153. LUMBER, city council may make ordinances respecting survey of, 260, Surveyor General to be appointed, 260. tenure of office, 260, 261; to give bond, 261. to be sworn, 261; to appoint deputy surveyors, 261. duty to survey and admeasure lumber, 261. survey, to be made under direction of, 263. fees to be paid over to, 264; to make annual returns, 264. penalty for conniving at fraud, 264; for neglect of duty, 264. Deputy Surveyors, how appointed, 261. their duties, 261; to give bond, 261. may be removed by surveyor general, 261. not to be employed by dealers in lumber, except, &c., 261. all surveys to be made by 263; to collect and pay over fees, 264. penalty for conniving at fraud, 264; for neglect of duty 264. there shall be four kinds of pine boards and planks, 261. what each kind shall include, 261, 262. two sorts of pine joists, 262. of spruce, hemlock and juniper, 262. of ash, maple and other hard wood and ornamental, 262. of timber except mahogany and cedar, 262. one sort of mahogany and cedar, 262. manner of surveying the same, 262, 263. certificate, or survey bill, 263. hewn timber, 263; sawed timber, 263. contents, how to be marked, 263; deduction for splits, 263. lumber to be sold according to marks, 263. fees for surveying, 263, 264; fees to be paid by the purchaser, 263. how collected and paid over, 264. penalty for selling or purchasing lumber not surveyed, except, &c., 264. not to be placed on sidewalk, 392. LUNATIC HOSPITAL. 265-271. See Lunatics. LUNATICS, returns of overseers of house of correction, to give information concerning, 234. city council to erect, &c., a hospital for, 265. ordinances to be passed respecting same, 265. inspectors of prisons to be inspectors of hospital, 265. amount to be allowed for support of, 265, 266. provisions for committing to and discharging from hospital, 266, 267. fees and compensation in such cases, 267. who shall be confined in hospital, 267. Boston police court may commit to hospital, 267. 548 INDEX. LUNATICS, (Continued.) appeal to municipal court, 267; trial of sanity by jury, 267. notice of application for commitment to be given to mayor, 268. further notice may be ordered, 268. mayor and aldermen may discharge from hospital, 268. may provide for custody elsewhere, 268. reimbursement of expenses, 268, 269. removal of, from state lunatic hospital at Worcester, 269. to Boston lunatic hospital, 267. remedies for recovering expenses, 269. towns committing to state lunatic hospital, to pay expenses of support, 270. may recover of town where lunatic has legal settlement, 270. Board of Visitors, to be chosen, 270. rules made by, to be submitted to city council, 270. superintendent to act under direction of, 271. to determine respecting subordinate officers, 271. to make rules and regulations, 271. to communicate superintendent's annual report to city council, 271. Sutperintendent, to be appointed by city council, 266. how and when chosen, 271; tenure of office, and salary, 271. to have control and charge, &c., under direction of board of visitors, 271. to make annual report, 271. MALIGNANT DISEASES. record to be kept of, 210, 211. MANURE, not to accumulate, in stables, &c., 209. MARKET, land at South Boston to be set aside for, 40. Faneuil Hall, 108-118. See Funeuil I-abll Market. MARRIAGES, Registry of, 321-328. See Registrar. MARSHAL, CITY, to keep record of licenses for carriages, 64, 71. to make quarterly report of, and pay over, money for same, 64, 71. notice of transfer of license to be given to, 65. to cause dogs at large without collar to be destroyed, 102, 103. to pay over moneys to city treasurer, 123. to lay quarterly statement of moneys before city council, 123. to execute laws and ordinances respecting health, 202. vaults, &c., not to be cleansed without permit from, 204. to keep books for applications for cleansing vaults, 204. to be appointed by mayor and aldermen, 272; tenure of office, 272. to be appointed constable, 272; oath and bond, 272. additional bond, 273; may appoint deputies whenever, &c., 272. to be responsible for their conduct, 272. compensation, 273; removal from office, 273. to attend at his office, to receive complaints, 273. duty as to prosecutions of offenders, 273. to keep record, 273; to make report, 273. duty as to obstructions, &c., in the streets, 273. to enforce ordinances, orders, &c., 273. MASKED BALLS, forbidden under penalty, 31. INDEX. 549 MASTER AND APPRENTICE, 238-242. See Apprentices. MASTERS OF VESSELS. See Alien Passengers, Health, Quarantine, and Vessels. MAYOR, with aldermen and common council to have government of city, 3. election of mayor, 5; to be an inhabitant of the city, 5. case of no choice of, 6; case of decease, inability, or absence of, 6. case of no choice before commencement of municipal year, 6. case of refusal to accept office, or absence of mayor elect, 7. proceedings when no mayor is chosen, 7. who shall discharge duties of, 8; when and how to be sworn, 10. with aldermen to compose one board, 11. to preside at meetings of the board, 11. to be chief executive officer, 12; salary, 12. his powers and duties, 12, 13; to be one of school committee, 18. to nominate, where appointments are made by mayor and aldermen, 18. to give directions for standing of carriages at theatre, &c., and their route, 67. to prescribe form of bond of clerk of police and justices' courts, 97. to execute deeds, &c., for the city, 98, 99, 306, 312, 425. may discharge and assign mortgages, 99, 313. to issue notice to owner of dog, which disturbs the quiet of any person, 103. to draw for moneys to be paid out of the treasury, 120. to compare expenditures with appropriations, 120. to be member of committee on city debt, 121. certificate of, as to residence and character of hawkers and pedlers, 176, 177. special permit for tolling bell at funerals, may be given by, 213. may apply to have idle children sent to house of reformation, 244, 248. notice of applications for commitment of lunatics to be given to, 268. to execute leases, 98, 99, 306, 312, 425. to sign building contracts, 307. contracts for land, 312. may release part of mortgaged premises, on payment, 313. his consent necessary where other premises are mortgaged, 313. duties of, as to suppressing riots, 330-335. with treasurer and auditor, to be trustees of water fund, 420. to countersign water scrip, 419. MAYOR AND ALDERMEN, with common council to have government of city, 3. to appoint time of ward meetings, 3. to examine returns of votes for mayor, 5, 6. to give notice to mayor elect of his election, 6. to issue warrants for new election, in case of no choice, 6. duty of, in case of no choice of mayor before commencement of municipal year, 6. when and how to be sworn, 10; to compose one board, 11. in mayor's absence, the board may elect chairman pro tempore, 11. sittings to be public, except when on executive business, 12. to have administration of police, 13. 550 INDEX. MAYOR AND ALDERMEN, (Continued.) to have executive powers, 13. powers and duties of selectmen vested in, 13. may license theatrical exhibitions and public shows, 13. may be elected surveyors of highways, 14. to have powers and duties of county commissioners, 14. with common council to elect city treasurer in convention, 17. where appointments are made by, mayor shall nominate, 18. may confirm or reject officers so appointed, 18. members not eligible to salaried office, 18. shall hold no other office under city government, 19. to count, &c., votes for state and national officers, 19. to seal up separate lists of votes for state officers, 20. duties in relation to votes for election of president of lU. S., 20. to make out voting lists, 20; to deliver same to clerk of ward, 21. to warn general meetings of citizens, 21. to issue all warrants for meetings, 21. may authorize recognizances on behalf of the city, 24. may license theatrical exhibitions, shows, &c., 31. may revoke or suspend such license, 31. may license auctioneers, 32; may make conditions in such license, 32. may appoint weighers of vessels, 33. may lay out a highway over Chelsea Point Bridge, 52. Chelsea Free Bridge, 53. may abate, as a nuisance, wooden buildings erected contrary to law, 57. notice of intention to build, to be given to, 58. may cause numbers to be affixed to buildings, 58. penalty for not complying with their direction, 58. may cause cellar doors and platforms to be repaired, 58. may make regulations respecting carriages, 63. may annex penalties thereto, 63; to publish the same, 63. may demand one dollar for license, 63, 64. rules and orders of, respecting carriages, 64-76. such rules to apply to horses harnessed to carriages, 391, note. will grant and revoke licenses for same, 64, 71. to direct how carriages shall be placed in squares, &c., 76. to have defective chimneys examined and repaired, 79. order to be served on owner of such chimney, 79. may abate defective chimney as a nuisance, 79. may license chimney sweepers, 79; to fix rates for sweeping chimneys, 80. to cause foul chimneys to be examined, 80. to give notice thereof to owners, 80. to have care and custody of common, squares and fountains, 81-83. to appoint constables, 83. constables' bonds to be on such conditions as mayor and aldermen shall think proper, 83. to approve form of bond of clerk of police and justices' courts, 97. to grant licenses to common criers, 97, 98. INDEX. 551 MAYOR AND ALDERMEN, (Continued.) to designate land to be set apart at East Boston for public purposes, 104. to issue warrants for ward meetings, 105. general meetings of citizens, 106. warrants for general meetings to be returned to, 106. to fix time for opening and closing the poll, 106. to appoint superintendent of Faneuil Hall, 107. authorized to extend Faneuil IHall Market, 108. same extended by, 109, note; to appoint clerk of market, 109. to authorize and approve deputies of said clerk, 109, 110. general powers and duties of, in relation to market, 108-118. to appoint engine-men, hose-men, and hook-and-ladder men, 126. may discharge officers and members of companies in fire department, 132. to determine rank of engineers, 132. to have care of Rainsford Island, 154. to file annual account respecting same, 154. gravel, &c., not to be taken from Bird Island, without license of, 155. to approve harbor master's bond, 172. may restrain sale by minors of fruit, books, newspapers, &c., 176. to appoint weighers of hay, 180, 181, 183. inspectors of bale or bundle hay, 181, 182. stands for sale of hay and straw, 183. to establish public scales, 183. to assign places for offensive trades, 199, dead bodies not to be dug up, &c., without authority from, &c., 200, 201. to constitute board of health, 202. to exercise powers and duties of board of health, 202. marshal to act under direction of, 202. vaults may be connected with common sewers, under direction of, 203. to cause privies, drains, &c., to be constructed, where not done, 203. regulations as to cleansing vaults, &c., 204. to determine prices for same, 204. to remove occupants of tenements, when too numerous, unprovided with vaults, &c., 205. house offal not to be removed without license of, 206. dirt, &c., not to be thrown into street, &c., without license of, 206. to be removed by order of, 207. fish, &c., not to be sold in certain places, without license of, 208. swine, or goats, not to be kept without license of, 208. may call upon city physician for services, 210. port physician " " 211. interment of the dead to be subject to control of, 211. to appoint undertakers, 212; may remove same, 212. may dispense with certain funeral pro\isions, 213. graves not to be dug or opened, without permnission ef, &c., 213. to make regulations respecting interment of the dead, 214, 215. to provide house of correction, 217. may order money to be advanced for tools and materials in same, 223. 552 INDEX. MAYOR AND ALDERMEN, (Continued.) to furnish instruction to prisoners, 230, 231. directions of, for specific rations to prisoners, to be obeyed, 232. powers of in relation to pauper apprentices, 242. may grant licenses for intelligence offices, and revoke the same, 250. to set up lamps, and make rules respecting same, 250. deputy inspectors of sole leather to be appointed on application of, 252. to alppoint measurers of upper leather, 255. may license innholders and retailers, 257; victuallers, 257. may forbid sale of liquors to spendthrifts, 258. may renew such prohibition, 258. to perform duties of county commissioners as to licensed houses, 259. may license the sale of spiritous liquors for mechanical and medicinal purposes only, 259. to approve bond of surveyor general of lumber, 261. to determine allowance for support of lunatics, 266. may discharge lunatics from hospital, 268. to appoint city marshal, 272. city marshal to act under direction of, 272, 273. to approve his bond, 272; to authorize appointment of deputies, 272. may remove marshal or deputies, 273. offices to be assigned to city officers, under direction of, 274. city clerk to keep records, &c., of, 275; orders of, how published, 279. may appoint police officers, 301. to appoint porters, establish their compensa.tion, &c., 302-304. to provide court houses, jails, and other county buildings, 305, 307. to approve bond of superintendent of public buildings, 308. reports of superintendent of public lands to be made to, 312. may require services of such superintendent, 312. to have powers of county commissioners, as to railroad damages, 314. either party may appeal from decision of, 315. may apply for raising or lowering of a highwllay, &c., crossing a railroad, 316. may apply for having railroad constructed on a level, &c., 317. such applications, in Boston, may be made to, 319. may offer rewards for securing offenders, 328, 329. such rewards not to exceed $200, 328. may determine between different claimants, 329. may license dealers in junk and second har.d articles, 351, 352. may lay, maintain, &c., main drains and common sewers, 354. to assess the expense of same, 354. such assessment may be appealed from, 355. to approve of sewers made by South Cove Corporation, 355. to give directions as to common sewers, 356. may cause owners of land to make drains, 357. to make drains at expense of owner, in case, &c., 357. rain water may be carried into common sewers, under direction of, 357. to give permits for entering drain into common sewers, 357. INDEX. 553 MAYOR AND ALDERMEN, (Continued.) superintendent of common sewers to act under direction of, 358. to report to, 358. to deduct one quarter of expense of common sewers, 358. to assess the remainder, 358. to make assessments for common sewers heretofore constructed, 359. may make order restraining steam engines and furnaces, 362, 363. may abate and remove engine or furnace, erected contrary to law, 363. proceedings on application for license for steam engine, &c., 363. party aggrieved by their order may apply to C. C. P. for a jury, 363, 364. to lay out and widen streets, 367; to discontinue any street, &c., 368. to keep a record of streets, &c., 369. to have and perform powers and duties of county commissioners, as to laying out, altering and discontinuing ways, 369. decisions respecting such powers, 369, note. to regulate raising or lowering articles on outside of any building, 377. may be elected surveyors of highways, 378. powers as to grading streets laid out over private land, 378, 379. no street less than 30 feet wide to be opened, without consent of, 379. to close up entrances to ways dedicated to the public use and not accepted, 380. may construct sidewalks at expense of abuttors, in case, &c., 380. to give consent to open ground in streets, for gas pipes, 381. authorized to lay out streets in continuation of Broad and Commercial streets, 381. of Front street, 382. streets to retain their names, until altered by, 382, 383. to approve assistant of superintendent of streets, 383. superintendent to act under direction of, 383, 384. streets not to be dug up without license of, 384. if dug up, to be repaired to satisfaction of, 384. notice of intention to build, to be given to, 385. street dirt not to be taken without license of, 387. buildings not to be moved in streets without license of, 387. may make order respecting aTwnings and shades, 388. may order projecting signs, &c., removed, 388. bells to give notice of business, not to be rung without license of, 388. standing in streets to grind cutlery, not permitted without license of, 388. apertures under streets, coal holes, &c., to be regulated by, 390. gratings in streets, to be regulated by, 390. duties of, as to bonds of assistant collectors, 396. assessors to be informed of abatements of taxes made by, 400. to appoint persons to make complaints respecting truants, 402. to appoint watchmen, 408. may set the watch at such hour after sunset as they shall judge expedient, 410, 411. to approve city engineer's assistant, 426. water not to be drawn off, &c., unless authorized by, &c., 428. 70 554 INDEX. MAYOR AND ALDERMEN, (Continued.) powers of, as to appointment of sealers of weights and measures, 431, and note. to keep public wells supplied with pumps, 440. to assess expense thereof on owners of estates, 440. may release the owners in certain cases, 440. to appoint measurers of wood and bark, 444. MEASURERS OF UPPER LEATHER, 254, 255. See Leather. MEASURERS OF WOOD AND BARK, 441-444. See Wood. MEASURES, 431-439, 443. See Weights and Measures, and Charcoal. MEDICINES, adulterated, not to be sold, 200. MILITARY DUTY, pilots exempted from, 301. MILITARY PARADE, horses may be rode on common, on occasion of, 82. fire arms may be discharged, on occasion of. 141. MILITIA, to be ordered out, in case of riots, 333. See Riots. MILL DAM FLATS, may be covered with water, &c., 201. MINISTERS of the gospel, to have access to prisoners, 230, 231. MINOR, not to drive carriage unless specially licensed as a minor, 68, 72. may be sent to house of reformation in certain cases, 87. sale of fruit, newspapers, &c., by, may be restrained, 176. may be sent to house of correction, for certain offences, 222. in prisons to be kept separate from notorious offenders and convicts, 228. provisions respecting binding out as apprentices, 237-242, 245-247. may be received into, or sentenced to, house of reformation, 243, 244, 248. employment and instruction therein, 245. discharge therefrom, 246. transfer from house of correction, 247, 248. See Apprentices, House of Industry, and House of Reformation. MINOT'S LEDGE, 153. MONEYS. See Finance, and Public Moneys. MORTAR, 145. See Fire Arms. MORTGAGES, may be discharged by mayor, 99. for public lands, to be deposited with treasurer, 313. may be released in part, on payment, &c., 313. MUNICIPAL COURT. See Courts. NATICK, inhabitants of, may use water of Long Pond for certain purposes, 422. NEWSPAPERS, sale of, by minors, may be restrained, 176. NEW TRIALS, may be granted by municipal court, 89. NIGHT-WALKERS, may be sent to house of correction, 217, 218. NIX'S MATE, 153. NOTES, for contracts for public lands to be deposited with treasurer, 313. NUISANCE, wooden buildings, erected contrary to law, may be abated as, 57. persons committing, on the common, may be removed, 82. not to be committed on the common, 82. how and by whom to be removed, 188, 189. manner of serving order to remove, 189. if owner does not remove, to be removed at his expense, 189. INDEX. 555 NUISANCE, ( Continued. ) how such expense shall be recovered, 189. board of health to make regulations respecting, 190. to examine into, 191. to remove, &c., 191. to be removed by order of court, at expense of party convicted of, 191. court of common pleas may issue injunctions, to stay or prevent, 191. permits for removal of, 192. when cellar, &c., becomes a nuisance, occupants may be removed from, &c. 194. caused by offensive trades, how regulated, 199, 200. when steam engine or furnace may be deemed to be, 363. OATH, of warden, clerk and inspectors, 4. of aldermen and common councilmen, 6; how administered, 6. of mayor, aldermen, and common council, 10. how and by whom administered, 10. certificate of, to be recorded, 11; of city clerk, 11. of clerk of common council, 12. of superintendent of alien passengers, 25. of weighers of vessels, 33; of clerk of police court, and his assistants, 95. of city marshal, 272; of city registrar, 325. OFFAL, not permitted to remain in F. H. market, 114, 115. how to be kept, and removed, 206. OFFENSIVE TRADES, regulated, 199, 200. OFFICE HOURS, of treasurer, clerk, auditor, &c., 274, 275. OFFICERS, of city, appointments to be provided for by city council, 16. duties to be prescribed and compensation fixed by city council, 16. to be nominated by mayor, when appointed by mayor and aldermen, 18. may be confirmed or rejected by aldermen, 18. no member of board of aldermen or common council shall be eligible to salaried office, 18. shall discharge duties, notwithstanding removal from ward, 19. actions, &c., by, for use of city, where brought and how removed, 23. time, and mode of choosing certain, 274. provision as to time to be directory merely, 274. offices to be provided for, 274; office hours, 274, 275. to attend to duties at other times, 275. OMNIBUSES, regulated, 61-76. See Carriages. ORDINANCES, 14, 21, 22, 63, 87, 91, 100, 110, note, 275, 276, 277, 278. prosecutions for breach of, 24. respecting weighing vessels, may be made, 35. by-laws to be denominated ordinances, 278; enacting style of, 278, 279. to be examined, enrolled, and recorded, 279; how published, 279. fines to enure to use of city, except, &c., 279. when ordinance respecting, shall take effect, 279. who shall be liable to penalties prescribed by, 394. act forbidden by, to be done without license, may be licensed, 394. 556 INDEX. ORDINANCES, (Continued.) the ordinances in this book declared to be the ordinances of the city, 445. repeal of inconsistent ordinances, and of certain specified ordinances, 445. See By-Laws. OXEN, not to be fed in streets, 391. not to go at large in streets, 391. OVERSEERS OF TIHE HOUSE OF CORRECTION, 219-234. See House of Correction. OVERSEERS OF TIlE POOR, how chosen, 17. their powers and duties, 17; decision respecting same, 17, note. shall perform duties of superintendent of alien passengers in certain cases, 28. certain fines to be paid to, 151. bodies not to be dug up, &c., without authority from, &c., 200, 201. certain powers and duties of, given to directors of house industry, 236-242. incorporation of, 280, 281; present duties of, 280, note. money and estates, given, devised, &c., for use of the poor, vested in, 281. limitation of amount, 281; to have perpetual succession, 282. to hold real estate not exceeding ~500 by the year, 282. to have common seal, 282; to make by-laws, 282. validity of their acts, &c., 282. incorporated, with others, as trustees of John Boylston's charitable donations, 282, 283. powers and duties of said corporation, 283, 284. to surrender indigent boys to Boston Asylum, 284. to have charge of all poor and indigent persons, 286. to have authority of directors, &c., of workhouse, 286. to provide relief for strangers, 288; remedies therefor, 288, 289. support and burial of indigent strangers, 289. to make complaint for removal of foreign paupers, 289. to notify overseers of other towns, 289; removal of paupers, 289, 290. may bind out minor children, 290; may prosecute for certain offences, 291. to make returns, 291; penalty for not making returns, 291. to make returns of children under 14, 291. certificates in cases of state paupers to be made by, 293, 294. general provisions respecting, 238, note. to receive one moiety of penalties for obstructing streets, 377. See Alien Passengers, House of Industry, Paupers, Poor, and Trustees of John Boylston's Charitable Donations. PAUPERS, foreign, provisions respecting, 26-30. they may be sent home, 30. certain penalties to be for use of the poor, 56, 151. poor to be under care of directors of house of industry, 236-242. towns shall support their poor, 286. may raise moneys therefor, 286. they shall be under care of overseers of the poor, 286. overseers to have same power as directors, &c., of workhouses, &c., 286. INDEX. 557 PAUPERS, (Continued.) town may erect almshouse, 286. kindred of poor persons liable to support them, 286. court of common pleas may assess such kindred, 287. may also assess for future expenses, 287. costs in such proceedings, how taxed, 287. court may order with whom pauper shall live, 287. proceedings on complaint to C. C. pleas, 287. other kindred may be summoned, 288. court may make new orders from time to time, 288. overseers to provide immediate relief for strangers, 288; their remedy, 288. when a recovery shall establish the fact of a settlement, 288. towns removing a pauper within 30 days, to pay only $1 per week, 288, 289. support and burial of indigent strangers, 289; remedy therefor, 289. reconveyance of foreign paupers, 289. towns liable to their own inhabitants after notice, 289. removal of paupers to place of settlement, 289. proceedings in such case, 289, 290. effect of notifications, &c., sent by mail, 290. what minor children may be bound out by overseers, 290. penalty for leaving paupers in towns to which they do not belong, 290. penalty for landing convicts, 291. overseers may prosecute, 291. may take effects of deceased pauper, &c., 291. overseers of the poor and directors of house of industry to make returns, 291. penalty for not making return, 293; returns of children under 14, 293. blank forms to be provided, 293. who shall be considered state paupers, 293. rates of charge for support of, 293; particulars of account therefor, 293. when to be rendered, 294. certificate that whole amount was expended, 294. accounts for state paupers sick with infectious diseases, 294, 295. lunatic paupers, 295. not to be allowed unless rendered as directed, 295. secretary to transmit claims to auditor of accounts, 295. state lunatic pauper accounts to be accompanied by proof of suitable support, 295. general provisions respecting, 238, note, 295, note. See Alien Passengers, Hlouse of Industry, Overseers of the Poor and Poor. PEDLERS, not allowed in F. H. Market, 116. provisions of statute respecting, 175-180. See Ilawkers and Pedlers. PERAMBULATIONS, of boundary lines, 43-45. laws respecting, 43, note. PETTY CHAPMEN, 175-180. See Hawkers and Pedlers. PHYSICIANS, not liable for carriages standing in streets, 73. to board of health, appointment, salary and fees, 190. in hospitals, duties of, 198; duties of in cases of infectious diseases, 199. 558 INDEX. PHYSICIANS, (Continued.) consulting physicians, their appointment and duties, 202. city physician, 209-21 1; port physician, 211. See Health. PHYSIOLOGY, to be taught in schools, 349. PIERS. See Wharves. PILFERERS, 217, 218. PILOTS, their duties as to alien passengers, 25. penalty for refusal or neglect of duty, 25. boundaries of pilotage district, 296, note. how appointed, 297; to give bond to state treasurer, 297. sureties on bonds may be released therefrom, 297. to render quarterly accounts to commissioners, 298. additional fees, 298; penalty for false return, 298. no other person to pilot vessels, except, &c., 299. when a shipmaster may pilot his own vessel, 299, 300. into any port except port of destination, 300. pilots to take charge of all vessels, except, &c., 299. liable for negligence, 300; rates of pilotage, 300. to demand certificates of master, 300. first pilot offering himself, to be received, 301. pilots exempted from military duty, 301. Two Commissioners of Pilots to be appointed, 296. to be recommended by trustees of Boston marine society, 296. may grant and revoke commissions and warrants, 297. to keep an office, hear complaints, &c., 297, 298. may make regulations for pilots, 298. regulations to be published, 298; to keep records, 298. to exhibit same to trustees of marine society, 299. may require new bonds of pilots, 299. PIPE, lighted, forbidden in streets, barn, ropewalk, &c., 130. PIPERS AND FIDDLERS, to be committed to house of correction, 217, 218. PLACES. See Streets. PLANK, 260-265. See Lumber. PLATFORM, not to project into street, more than, &c., 375, 376. balances; See Weights and ]leasures. POLICE, administration of, to be in mayor and aldermen, 13. POLICE COURT. See Courts. POLICE OFFICERS, may remove offenders from common, 82. duty of, in case of fire, 138, 139. mayor and aldermen may appoint, 301. decision respecting, 301, note. may order persons standing in group on sidewalk to move on, &c., 392. POOR. Overseers of, how chosen, 17; their powers and duties, 17. decision respecting same, 17, note. shall perform duties of superintendent of alien passengers in certain cases, 28. INDEX. 559 POOR, (Continued.) certain powers and duties of, transferred to directors of house of industry, 236-242. incorporation of, 280, 281; present duties of, 280, note. money and estates given, devised, &c., for the use of the poor, vested in, 281. limitation of amount, 281; to have perpetual succession, 282. to hold real estate, not exceeding ~500 by the year, 282. to have common seal, 282; to make by-laws, 282. validity of their acts, &c., 282. incorporated with others, as trustees of John Boylston's charitable donations, 282. powers and duties of said corporation, 283, 284. to surrender indigent boys to Boston asylum, 284. provisions of law respecting paupers, 285-295. provisions respecting foreign paupers, 26-30. foreign paupers may be sent home, 30, certain penalties to be for use of poor, 56, 151. general provisions respecting, 238, note, 295, note. See Alien Passengers, House of Industry, Overseers of the Poor, Paupers, and Trustees of John Boylston's charitable donations. PORCHES, on streets, regulated, 376, 389. PORT PHYSICIAN, 211. See Health. PORTERS, for funerals, 212. porters to carry goods, &c., how licensed, 302. prices how fixed, 303; to wear badge, 303. penalty for unlicensed persons acting as porters, 303. penalty for asking too much, 303. for appearing without badge, 303. security to be given by porters, 303; they may be removed, 304. POUND KEEPERS, when and how chosen, 274. POSTS, not to be erected in streets, except, &c., 376. PORTICOES, on streets, regulated, 376, 389. POWDER, 144-152. See Gunpowder. PRESIDENT OF COMMON COUNCIL. See Common Council. PRINTING, committee on, 304. PRISONERS, attacked with infectious disease, how removed, 195. such removal shall not be an escape, 195. provisions respecting, when confined in jail, &c., 227-234. discharge of, when unable to pay fine, &c., 278. See House of Correction, House of Reformation, and Jail. PRIVIES regulated, 202-205. See Health. PROBATE, Judge of, to be member of board of accounts, 96. to be one of the inspectors of prisons, 225. PROSECUTIONS, by and against city, when brought, and how removed, 23. how much of special acts, by-laws, &c., it is necessary to set forth, 24, 277 PROVISIONS, punishment for selling unwholesome, 200, 201. damaged, not to be landed without permit, 209. 560 INDEX. PUBLIC BUILDINGS, to be under care of city council, 16. may be sold or leased by city council, 17. of county to belong to and be under care of city, 77. committee on, to assign offices to city officers in, &c., 274. for county to be provided at expense of city, 305. by mayor and aldermen, 305. leases for, to be signed by mayor, 306. proposals for building, to be sealed, 306. how opened, 306; not to be disclosed till contract is made, 306. proviso in case incompetent persons make proposals, 307. contracts exceeding $500 to be in writing, and signed by the mayor, 307. not to be altered, unless, &c., 307. expenditures not to exceed appropriations, 307. no building to be sold without an order of city council, 308. Committee on, to be appointed annually, 306. to have care of school houses, and other city buildings, 306. to lease city buildings, 306; to prepare plans and specifications, 306. to publish notice, 306. purchases of land for erection of buildings, to be made under, 307. Superintendent of; how chosen, 307; to give bond, 308. condition of bond, 308. to have care of school houses and other buildings, 308. to superintend repairs, &c., 308; to keep record, 308. to report to city council, 308; to attend to delivery of fuel, 143. PUBLIC LANDS, may be sold or leased by city council, 17. city authorized to construct a branch railroad for, 309. to build a bridge therefor, 309. such railroad to be connected with Old Colony railroad, 310. when it shall be removed, 310. bridge over South Bay, how to be constructed, 310. previous act respecting the same repealed, 310, note. how contracts, deeds, &c., shall be executed, 312. moneys, securities, &c., to be deposited with treasurer, 313. no conveyance to be delivered till purchase money is paid or secured, 313. no expenditure to be made without sanction of city council, 313. common, city wharf, &c., not to be sold, leased, &c., 312. Committee on, how chosen, 311; to have care of public lands, 311. subject to rules, &c., of city council, 311. may lay out streets in same, 311. may lay out sewers in same, 311. Superintendent of, how chosen, 311; to give bond, 311. condition of bond, 311; to devote himself to care of public lands, 312. may contract to defray expense of improvement, by transfer of lands, 312. his duties in relation to laying out streets, 312. to countersign all contracts, deeds, &c., 312. to make quarterly reports, 312; to keep record of all vacant lands, 313. INDEX. 561 PUBLIC MONEYS, city council may require bonds of persons collecting, keeping and disbursing, 16. accountability of boards and officers to city council for, 18. annual statement to be published, 18. not to be paid out, unless, &c., 119, 120. what shall be applied to city debt, 122. statement of moneys received, expended and to be raised, to be made to city council, 123. for sale of public lands, to be paid to treasurer, 313. See Accounts, Auditor, Officers, Treasurer. PUBLIC PROPERTY, to be under care of city council, 17. to be sold, leased, or purchased by city council, 17. annual statement of, to be published, 18. PUBLIC WELLS. See Pumps. PUMPS, to be provided for public wells, 440. expense to be assessed on persons using the same, 440. owner of estate assessed to pay within ten days, 440. to be released in certain cases, 440. proviso, 440; penalty for injuring, &c., 440. QUALIFICATIONS of voters at ward meetings, 10. members of city council not eligible to salaried office, 18. inhabitants not disqualified to act as magistrates, jurors, appraisers, &c., in suits where city is interested, 24. QUARANTINE, powers of boards of health as to, vested in city council, 17, 187. towns may establish, 195; two or more towns may establish, 195. board of health may establish, 195; regulations to extend to all, 196. regulations to be binding on all, after public notice, 196. vessels to be ordered to quarantine ground, 196. penalty, 196; expenses, how paid, 196. to be at Deer Island, 211; port physician to superintend, 211. QUORUM, of aldermen elect, not necessary to issue warrant, in case a full board is not elected, 7. of common council to be twenty-five, 12. of board of accounts, to be three or more, 96. of directors of house of industry, to be a majority, 236. RAILERS AND BRAWLERS, to be sent to house of correction, 217, 218. RAILROAD, city of Boston authorized to construct a branch across South Bay, 309. such branch to be connected with Old Colony railroad, 310. when to be removed, 310; previous statute respecting same, 310. powers of mayor and aldermen as to land damages, 314. either party may appeal from their decision, 315. not to obstruct turnpikes or ways at crossings, 315. proceedings when corporations wish to raise or lower turnpikes, &c., 315. appeal in case of disagreement, 315. 71 562 INDEX. RAILROAD, (Continued.) not to be obstructed by turnpikes subsequently laid out, 315. selectmen or mayor and aldermen may request raising or lowering of highway, &c., 316. application to county commissioners, 316. their decision, and proceedings thereon, 316. how constructed at crossings, 316. bridges at crossings, how constructed, 317. may be required to be constructed on a level with highway, 317. gates may be required to be erected, at crossings, 317. an agent to open and close the same, 317; fences, when required, 317. barriers against cattle, &c., 317; penalty, 317, 318. corporation may alter course of highway, &c., 318. bell to be attached to locomotives, &c., 318. sign boards to be erected at crossings, 318. gates to be erected, if necessary, 318. penalty for neglecting to comply with law, 319. applications respecting crossings, in Boston, to be made to mayor and aldermen, 319. provisions extended to all crossings, 320. corporation to provide a gate or bars, when necessary, 320. county commissioners may direct gates to be built at crossings, 320. to have original jurisdiction as to obstructions, 320. supreme judicial court to have equity jurisdiction, 320. general provisions respecting, 320, note. bathing in waters adjacent to, forbidden, 387. RAINSFORD ISLAND, conveyed to treasurer of province in trust, 154. hospital on, to be under care of mayor annd aldermen, 154. annual account to be filed respecting, 154. governor authorized to release to city, 154. RAINSFORD'S LANE, charter for street from, 382, note. RECEIPTS AND EXPENDITURES, annual statement of, 123. RECOGNIZANCE, mayor and aldermen may authorize any person to enter into, in behalf of city, 24. proceedings upon, may be had in municipal court, 87. RECORD of Births. Marriages and Deaths, 321-328. See Registrar. REFORMATION, House of, 87, 242-249. See House of Reformation, REGISTER OF DEEDS, to be chosen by city council when city shall compose one county, 16. REGISTRAR, CITY, to pay over moneys to treasurer, 123. to lay quarterly statement before city council, 123. to have superintendence of interments, 211, 212. to have care of burying grounds, funeral cars, &c., 212. may give licenses for burials, 212. dead bodies not to be buried without license of, 212. time of burials, 213; digging of graves, 213. removal of dead bodies, &c., 213. opening of tombs, graves, &c., 213; office hours of registrar, 274. INDEX. 563 REGISTRAR, CITY, (Continued.) to perform certain duties imposed on city clerk, 321, 327. parents and others to give notice of births and deaths, 322. penalty for neglect, 322. copies of record to be transmitted to secretary of commonwealth, 322. births, how to be recorded, and with what particulars, 322. marriages, 322; deaths, 323. school committees to make annual returns of births, 323. persons solemnizing marriages, to keep record and make returns, 323. penalty for neglect, 323. persons having charge of burial grounds to make returns, 323. blank forms of returns to be distributed, 324. secretary of commonwealth to furnish books and blanks, 324. to prepare and report abstracts, 324; penalty for neglect of duty, 324. to obtain record, and index information respecting births, marriages and deaths, 324. towns and cities containing more than 10,000 inhabitants, may choose registrar, 324. to perform such duties instead of clerks, 324, 325. fees for these duties, 325; compensation may be limited, 325. penalties for neglect by undertakers, &c., 325. forms of returns, 325, 326; blank books for indexes, 326. intentions of marriage shall be entered with, 326. certificate to be delivered to parties, 326. parties going out of state to be married, to file certificate, 326. fee for making record of such marriage, 326. repeal of part of It. S. c. 75, 327. how chosen, and tenure of office, 327; duties of, 327. to report to city council, 327; assistant registrars, 328. compensation of registrar, 328; compensation of undertakers, 328. REGISTRAR, WATER, how chosen, and his duties, 426-430. See Water. REGISTRY OF BIRTHS, deaths and marriages. See Registrar. REGISTRY OF I)EEDS, not to be under charge of joint committee on public buildings, 307. RELIGIOUS INSTRUCTION, to be furnished to prisoners, 231. statement of the expense of, to be transmitted to the governor, 231. REMOVAL, from ward, during term of office, shall not disqualify, 19. of actions, &c., brought by the city, to another county, 23. REPRESENTATIVES. to general court, number to be fixed in convention, 18. elections of, how held, 19. new warrant, in case of non-election of, 20. to congress, elections of, 19, 20. RESERVOIRS, 413-430. See Water. RETAILERS, of spiritous liquors, 257-259. See Licensed Houses. REWARDS, may be offered by mayor and aldermen, for securing offenders, 328-329. 564 INDEX. REWARDS, (Continued.) not to exceed $200, 328, 329. payment of, when there is more than one claimant, 329. decisions respecting, 328, note. RIOTOUS CONDUCT, at ward meetings, how repressed and punished, 4, 5. RIOTS, Justices of the peace to suppress, &c., 92. duties of certain officers, in case of, 330. such officers shall command persons unlawfully assembled to disperse, 330. may command assistance in arresting, &c., 330, 331. punishment for refusing assistance when commanded, 331. to depart when required, 331. for neglect of officer to exercise authority, 331. officers may require aid to suppress and disperse, &c., 331. armed force, when called out, shall obey orders of governor, judge, &c, 331, 332. officers to be held guiltless, though death be inflicted, 332. persons unlawfully assembled to be answerable, &c., 332. punishment for unlawfully destroying, &c., dwelling houses, &c., 332, 333. provisions of former law extended, 333. cities, &c., to pay three-fourths of value of property destroyed, 333. provided the owner shall use reasonable diligence, 333. city may recover amount so paid, 333. active militia to be ordered out, in case of riots, 333. fine for soldiers not obeying orders to appear, 333. proceedings in case of ordering out, &c., 333. form of requisition on commanding officer, 334. penalty on officers and soldiers for disobeying orders, 335. troops to appear with amunition, 335. ROCKETS, not to be sold or set fire to without license, 141. ROGUES, to be committed to house of correction, 217, 218. ROPEWALK, lighted pipe, segar, lamp, &c., forbidden in, unless, &c., 130. ROUTES, for omnibuses, established, 69, 70. ROXBURY, boundary line, 36-39, 43, 44. certain inhabitants may vote in Roxbury, 39. list of voters to be furnished to city authorities of Roxbury, 39. penalty for neglect, 39. RUNAWAYS, 217, 218. SAFETY PLUG, to be used in steam boilers, 364, 365. See Steam Engines and Furnaces. SALT AND GRAIN, measures for, 438. SAWING firewood on sidewalks, forbidden, 392. SCALES. See Weights and Measures. SCHOOL COMMITTEE, of whom to consist, 18, 339. how chosen, 18, 340. shall have care and superintendence of public schools, 18, 340. shall be inhabitants of ward, 18, 340. to make annual returns of births and deaths, 323. INDEX. 565 SCHOOL COMMITTEE, (Continued.) to use their influence that youth shall attend school, 339. to examine into qualifications of instructors, 340. to give certificate of same, 340. to decide on admission of scholars, 340; to visit all district schools, 340. to direct what books shall be used, 341. may supply school books, &c., 341. to furnish books at expense of towns, in case, &c., 341. to give notice of same to assessors, 341. price of such books to be added to tax, 341. may be omitted, if parents are unable to pay, 341. not to use books which favor any particular sect, 341. to select and contract with teachers, 342; to keep records, 342. to make returns to secretary of commonwealth, 342. to ascertain number of scholars between 5 and 15 years of age, 343. to report the same to secretary, 343; form of certificate, 343. to make annual reports of the condition of schools, 344. where report shall be read, and deposited, 344, 345. such report may be printed, 345. to state in returns the amount received from school fund, 345. to keep copy of abstract of returns, &c., 346. compensation of, may be withheld in case of neglect, 346, 347. where vacancies occur, the remaining members may make returns, 347. to receive and appropriate moneys forfeited by towns, 348. additional sums assessed, to be at disposal of, 348. to elect school teachers, 350; to determine their salaries, 350. to remove instructors, 350. to execute powers of school committees and selectmen of towns, 350. to distribute sum appropriated for salaries of instructors, 350. SCHOOL FUND, of what it shall consist, 342. how invested, 342. to be apportioned among towns, according to number of scholars, 345. proviso, in certain cases, 345. SCHOOL INSTRUCTORS, to inculcate moral and religious principles, 339. qualifications of, to be examined, 340. not to be paid unless committee certify, 340. to be selected and contracted with by committee, 342. may be dismissed by committee, 342. not entitled to pay, until register is completed, 347. to be examined in physiology and hygiene, 349. school committee to elect, 350; to fix salaries of, 350; to remove, 350. SCHOOL LIBRARIES, money may be raised for, 349. SCHOOL REGISTERS, how transmitted to clerk, and committee, 345, 346. form of, to be prescribed by board of education, 347. to be faithfully kept, 347. teachers not entitled to pay, until register is completed, 347. SCHOOL RETURNS, board of education to prescribe form of, 343. secretary to forward the same, 344. 566 INDEX. SCHOOL RETURNS, (Continued.) school committee to return the same, 344. to state amount received from school fund, 345. secretary of board of education to transmit al stracts of, 345. abstracts to be made up by him, 345. SCHOOLS, shall be under care and superintendence of school committee, 18. land at South Boston for school house, 40; fuel for, how provided, 142, 143. what schools shall be provided by every town, 337. what assistants in schools of 50 scholars, 337. what schools by towns of 100 families, 337. what by towns of 150 families, 337; what by towns of 500 families, 338. additional school in towns of 500 families, except, &c., 338. in towns of 4000 inhabitants, 338. exemption of towns of less than 8000 inhabitants, on condition, &c., 338. towns of less than 500 families may maintain high school, 339. ministers, selectmen, &c., to use their influence, 339. towns may raise money for schools, 339. parents, masters, or guardians to supply school books, 341. to be taxed for books supplied, in case, &c., 341. such tax may be omitted, if parents are unable to pay, 341. attendance of scholars under 5 or over 15 not prohibited, 345, note. provisions of Revised Statutes not to affect powers of corporations for supporting schools, 347, 348. forfeiture, if towns neglect to raise money for, 348. how the amount so forfeited shall be appropriated, 348. towns may appropriate further sums, 348. physiology and hygiene to be taught in, 349. punishment for disturbing, 349; remedy for exclusion of child from, 349. provisions respecting truant children, 402, 403. general laws respecting, 349, note. See School Committee, School Fund, School Instructors, School Libraries, School Registers, School Returns, and Truants. SCRIP, 418-421. See Water. SEAL, of the city, 22, 98, 99. of the municipal court, 88; of police and justices' courts, 94. SEALERS OF WEIGHTS AND MEASURES, 431-439. See Weights and Measures. SEARCH WARRANT, to search for gunpowder, 149. SECOND HAND ARTICLES, dealers in, may be licensed, 351. place of dealing to be designated in license, 351. license to contain conditions and restrictions, 351, 352. penalty for dealing without license, 351. suspension or adoption of the act of legislature, 351; fee for license, 352. keeper of shop to keep a book, 352. to put up sign, &c., 352. to keep open only at certain hours, 352. not to deal with minor or apprentice, 352. penalty, 352, 353. INDEX. 567 SECRETARY OF COMMONWEALTH, duty of, as to school returns, 344, 347. See School Returns. SEGAR, lighted, forbidden, in streets, &c., ropewalk, barn, stable, &c., 130. SELECTMEN, to divide town of Boston into wards, 3. duties of, transferred to mayor and aldermen, 13. powers and duties of, in relation to apprentices, 238-242. licensed houses, spendthrifts, &c., 258, 259. porters, 302-304. railroad crossings, &c., 314-320. offering rewards, 328, 329. suppressing riots, 330-335. schools, 339, 348; sewers, 354-356. steam engines and furnaces, 362-365. the laying out of streets, 367. appointment of scalers of weights and measures, 431. SENATORS, election of, 19, 20. SERPENTS, fireworks not to be sold or set fire to without license, 141. SEWERS, vaults may be connected with, 203. superintendent to give permission, 203. waste water to be conveyed into, 205. may be laid in public lands by joint committee, 311. mayor and aldermen to lay, maintain, repair, &c., 354. persons entering particular drains into, to pay proportional part of expense, 354; assessments to be a lien on real estate, 354. estate may be sold for payment, 354. any person aggrieved by assessment may appeal to C. C. Pleas, 354. city, &c., may pay a part of the expense, 355. city of Boston to pay one quarter, 355. South Cove Corporation to carry out drains, 355. city may lay drains under land extended by Boston and Roxbury Mill Corporation, 356. sewers to be laid near centre of street, 356. manner of construction, 356; size, 356. drains entering into same, to be built as mayor and aldermen direct, 356. size of same, 356. mayor and aldermen may cause owners of land to make drains, 357. shall make same, at owner's expense, in case of neglect, 357. rain water from roofs may be carried into, 357. penalty for entering drain into, without permit, 357. fee for permit, 357. mayor and aldermen to deduct one quarter of expense, 358. manner of assessment, 359; manner of collecting assessments, 359. assessments to be made for sewers heretofore constructed, 359. general provisions respecting, 355, note. when repaired, a fence and lights to be put up, 384, 385. 568 INDEX. SEWERS, (Continued.) Superintendent of Sewers, to be chosen, 358. to grant permits for entering drain into common sewers, 357. to have supervision of common sewers, 358. to ascertain dimensions, &c., 358; to keep same in a book, 358. to keep account of expense, &c., 358. to report to mayor and aldermen, 358. to enter assessments, in books, 359. to make out bills and deliver to treasurer, 359. to'render other services, 359. SEXTON, to make returns of deaths, 323, 324. compensation of 324, 328. SHADES AND AWNINGS regulated, 387, 388. SHEEP, not to go at large in streets, 391. SHELL-FISH, act not to be construed to prevent taking of, 155. SHERBURNE, inhabitants of, may use water of Long Pond for certain purposes, 422. SHERIFF, or his deputy, to proclaim adjournment of municipal court, in absence of judge, 86. powers and duties of, in relation to jails, 227-233. to riots, 330-335. treasurer and collector may issue his warrant to, 397. duties of, as to collection of taxes, 397, 398. See House of Correction. SHIPS. See Harbor and Vessels. SHOW BILL or show board, not to project into street, &c., 388. SHOWS, PUBLIC, 13, 31. SICKNESS. See Health, Infectious Diseases and Nuisance. SIDEWALKS, 373-375, 391-395. See Streets. SIGNS, not to project into street more than one foot, 376, 388. SLEDS, regulated, 61-76. coasting on, in streets, forbidden, 386, 387. See Carriages. SLEIGHS regulated, 61-76, 110-117. See Carriages and Faneuil Hall lMarket. SMALL POX, 197 —199, 210, 211. SMOKING, in F. H. Market, forbidden, 116. in streets, &c., ropewalks, barn or stable, forbidden, 130. SNOW to be removed from sidewalks by abutters, 393, 394. to be spread only when thrown into streets, 394. SNOW BALLS, not to be thrown in streets, 386. SOLE LEATHER, 252-254. See Leather. SOLICITOR, for city to be chosen, 360; to be a resident citizen, 360. to be an attorney and counsellor, 360. not to hold any other office under city government, 360. to draw all legal instruments for city, 360. to commence and prosecute suits for city, 360. to defend suits against city, 361. to appear before legislature, and committees thereof, 361. INDEX. 569 SOLICITOR, (Continued.) to furnish legal opinions, 361; salary, 361. expenses to be paid, 361; to retain taxable costs, 361. debts due the city to be put into hands of; for suit, 122, 123. SOLITARY IMPRISONMENT, how executed, 223, 224. SOUTH BAY, branch railroad across, 309. SOUTH BOSTON, annexation of, 40; boundaries of, 40. lots of land set apart for public use, 40. streets to be laid out in, 41. provisions respecting damages for land taken, 41. decision respecting streets in, 41, note. wooden buildings in, regulated, 57, 60; fare for carriages to and in, 67. institutions at, excepted from ordinance respecting fuel, 142. digging of graves at, 213. land connected with public institutions at, not to be sold, leased, &c., 312. included in ward No. 12, 407. SOUTH BOSTON BRIDGES, 46-52. See Bridqes. SOUTII COVE CORPORATION, to carry out common sewers, &c., 355. SPECTACLE ISLAND, fire not to be built on, without, &c., 156. SPENDTHRIFTS, sale of spiritous liquors to, forbidden, 258. SPIRITOUS LIQUORS, 200, 217, 218, 227, 228, 229, 257-259. See Liquors, and Licensed Houses. SQUARES, to be under care and custody of mayor and aldermen, 81. regulations respecting common and public squares, 81-83. See Streets. SQUIBS, not to be sold or set fire to, without license, 141. STABLES, livery, not to be erected within 170 feet of any church, 55, 56. lighted pipe, segar, lamp, &c., forbidden in, unless, &c., 130. keepers of, not to wash horses or carriages in streets, 209. not to permit manure to accumulate, 209. of city, superintendent of streets to have care of, 384. STAGE COACHES, regulated, 62. See Carriages. STATE LUNATIC HOSPITAL, removal of lunatics from, 269. recovery of expenses incurred at, 270. general provisions respecting, 270, note. See Lunatics. STATE PAUPERS, 293-295. See Paupers. STATE REFORM SCHOOL, 248, note. STEALING, punishment of, 217, 218. STEAM BOILER, 364, 365. See Steanm Engines and Furnaces. STEAM ENGINES ANI) FURNACES, for melting iron, planing, &c., not to be erected without license, 362. license to designate Iplace, construction, &c., 362. mayor and aldermen to prescribe rules, &c., for furnace or engine, previously in use, 362, 363. if erected without license, to be deemed a common nuisance, 363. i2 570 INDEX. STEAM ENGINES AND FURNACES, (Continued.) may be abated and removed, 363. proceedings on an application for a license, 363. person aggrieved by order of mayor and aldermen, &c., may apply to C. C. P. for a jury, 363. an injunction may be issued, pending such application, 364. verdict of jury, how found, returned, &c., 364 i; effect of verdict, 364. damages and costs, how awarded, 364. steam boiler not to be used, unless provided with fusible safety plug, &c., 364; penalty for removing such plug, 365. penalty for using steam boiler without such safety plug, 365. act respecting steam engines, &c., accepted by city council, 364. STEELYARDS, allowed, if sealed, 438. See Weights and Measures. STEPS, not to project into street, 389. STONES, not to be thrown in streets or on the common, 386. STOVE PIPE, penalty for setting on fire, 81. STRAW, weighing of, 180-184. See Hay. STREETS, mayor and aldermen may be chosen surveyors of highways, 14. parties aggrieved, in cases of laying out, widening, &c., may have a trial by jury in court of common pleas, 14. at South Boston, under act of annexation, 41. no damages to be recovered for land taken for the same, 41. city not obliged to complete the same, sooner than, &c., 41. decisions respecting South Boston streets, 41, note. highway may be laid out over Chelsea Point Bridge, 52. tide waters between Pulling Point and Point Shirley, 52. Chelsea Free Bridge, 53. laid out over same, 53, note. buildings, cellar doors, &c., near, regulated, 58-60, 375, 376, 389-391. See Buildings. carriages in, regulated, 61-76. See Carriages. law of the road, 62. trees growing in, not to be injured, 82; carpets not to be shaken in, 82. horses or cattle not to go at large in, 83. standing in, to sell meat, &c., forbidden, unless, &c., 117. carrying or kindling fire in, forbidden, unless, &c., 130. having lighted pipe or segar in, forbidden, 130. bonfires in, forbidden, 142. removal of house offal, &c., in, regulated, 206, 207. fish not to be sold in certain streets, without, &c., 208. horses or carriages not to be washed in, 209 mayor and aldermen may set up lamps in, 250. may make rules respecting same, 250. penalty for destroying lamps, posts, railing, &c., in, 251. city marshal's duty as to obstructions, &c., in, 273. surveyors of highways, how and when chosen, 274. may be laid out in public lands, by joint committee, 311. INDEX. 571 STREETS, (Continued.) provisions respecting railroad crossings, 315-320. sewers to be laid near centre of, 356. selectmen, (mayor and aldermen) empowered to lay out or widen, 367. compensation for buildings removed, 367; for land taken, 368. selectmen, (mayor and aldermen,) empowered to discontinue, 368. previous orders, &c., of selectmen confirmed, 368, 369. record of streets to be kept. 369. county commissioners authorized to lay out, &c., 369. mayor and aldermen to have like powers, 369. question, as to which provision their authority depends upon, 369, note. decisions respecting their powers, and proceedings, 369, 370, note. decisions respecting damages for laying out, widening, &c., 370-373, note. party aggrieved may apply to C. C. P. for a jury, 370. trial, in such case, 370; jury may view the place, 370. time for petition extended, in certain cases, 371. petition may be brought by one, of several parties, 372. notice to be given to other parties interested to come in, 373. paving of streets and sidewalks, 373; of squares, 374. gutters, how to be laid, 374; individuals may object to paving, 375. canopy, balcony, platform or cellar door, not to project more than, &c., 375, 376. penalty, 376; posts not to be erected, except, &c., 376. trees not to be set in, without leave, &c., 376. porticoes, porches, and bow windows, not to project into, &c. more than, &c., 376. signs, goods, &c., not to project into, more than one foot, 376. penalty, 376. such goods may be removed by surveyors of highways, 376. owner to pay expense, 376, 377. boxes, barrels, &c., not to be placed in, 377; penalty, 377. articles not to be raised from, on outside of any building, except, &c., 377. not to be lowered on outside of any building, adjoining, except, &c., 377. penalty, 378; streets may be macadamized, 378. provisions respecting paving shall apply, 378. streets laid out over private lands to be graded by the owners, 378, 379. not to be opened less than 30 feet wide, except, &c., 379. ways dedicated to public not to be chargeable upon city, unless laid out, 379. entrances to such ways to be closed up, 380. city liable, unless notice is given, 380. abutters on such ways to construct sidewalks, 380. Gas Co. may open, to sink pipes, &c., 381. shall repair the same again, 381. street in continuation of Broad street to be laid out, 381, 382. of Commercial street, 382. of Front street, 382. compensation for damages thereby, 382. incorporation for street from Rainsford's lane to Bridge, 382, note. 572 INDEX. STREETS, (Continued.) to retain their names until altered by mayor and aldermen, 382, 383. penalty for digging up without license, 384. persons digging up, to repair the same, 384. when drain or aqueduct is repaired, a fence and lights to be put up, 384, 385. notice to be given of intention to build, 385. portion of street to be allotted for that purpose, 385. portion so allotted to be enclosed and lighted, 385. not to be used more than 30 days, 386. placing coal or firewood in, regulated, 386. playing at football in, forbidden, 386. throwing stones and snowballs, in, forbidden, 386. shooting with bow and arrow, forbidden, 386. exposing gaming tables in, forbidden, 386. coursing or coasting upon sleds in, forbidden, 386. bathing in waters adjacent to, forbidden, 387. taking street dirt without license, forbidden, 387. obstructing streets by moving buildings, forbidden, 387. suspending goods so as to project into, 387. awnings and shades permitted, under regulations, 387, 388. projecting signs and lanterns, regulated, 388. ringing bells and blowing horns, to give notice of business, forbidden, unless, &c., 388, 389. standing to grind cutlery in, forbidden, unless, &c., 389. projecting porches, windows, steps, &c., forbidden, 389. cellar doors and cellar doorways regulated, 389. steps descending from street, to be protected and lighted, 389, 390. apertures under coal holes, &c., regulated. 390. gratings in, regulated, 390; feeding horses, &c., in, forbidden, 391. rate of riding or driving in, prescribed, 74, 391. horses, kine, swine, &c., not to go at large, 391. ice and snow thrown into street to be broken up, 394. meaning of word "street" in ordinance defined, 394. who shall be liable to penalties, 394. acts forbidden to be done without license, may be licensed, 394. ordinance to take effect Oct. 1, 1850, 395. may be dug up, when necessary for aqueduct, water works, &c., 414, 415. plans of, to be under charge of city engineer, 426. surveys, &c., to be made by city engineer, 426. Sidewalks, to be one sixth of the width of the whole street, 373, 374. city council may empower surveyors of highways to regulate width and heighth of, 374. surveyors may be empowered to accept same, 374. city council may order same to be maintained by city, 374. owner of lot to pave sidewalk at his own expense, 374. how to be paved, 375; materials therefor, 375. INDEX. 573 STREETS, (Continued.) individuals may object to paving, 375. on streets opened by owners, to be constructed by owners, 380. otherwise, by mayor and aldermen, at the expense of owners, 380. such expense to be a lien, 380; provisoes, 380, 381. width and height of, how regulated, 391; acceptance of, 391. to be maintained by city, after acceptance, provided, &c., 391. city clerk to keep record of acceptances of, 392. carriages on, forbidden, except, &c., 392. sawing firewood on, regulated, 392; standing in a group, to obstruct, 392. placing lumber, bales, &c., on, 392. proviso respecting goods to be sold at auction, 393. snow to be removed from by abutters, 393. by-law to this effect decided to be valid, 393, note. provision to extend to snow falling from building, 394. when encumbered with ice, to be made safe, 394. Superintendent of Streets, to be chosen, 383. tenure of office and compensation, 383. may appoint an assistant, 383; to attend at his office, 383. to keep a record and books, 383; to make reports, 383. to superintend streets, 383. to attend to laying out, widening, repairs, &c., 383. to make contracts therefor, 383. to give notice of nuisances, obstructions, &c., 383, 384. city not responsible for his acts, unless, &c., 384. to have care of city carts and stables, cleaning streets, &c., 384. to remove rubbish after building, in case, &c., 385. Surveyors of Hiqhways, mayor and aldermen may be chosen, 14, 378. may be authorized to regulate width and height of sidewalks, 374. to accept sidewalks, 374. to direct as to setting posts, trees, &c., 376. may remove goods projecting into the street more than one foot, 376. proprietor to pay expense, 377. to sue for penalties, 377; to receive one moiety of penalties, 377. may order streets to be macadamized, 378. to regulate width and heighth of sidewalks, 391. may accept the same, 391. rights and duties of, not limited by street ordinance, 394. See Railroads. STUBBORN CHILDREN, may be committed to house of correction, 217, 218. SUCTION HOSE-MEN, 138. See Fire. SUITS, by and against the city, where brought, and how removed, 23. duty of city solicitor, as to, 360, 361. SUPERINTENDENT, of alien passengers, 25-30. See Alien Passengers. of bridges, 54. See Bridges. of Faneuil Hall, 107. See Farneuil Hall. of public buildings, 143, 307, 308. See Fuel and Public Buildings. of public lands, 311-313. See Public Lands. of sewers, 203-205. See Sewers. of streets, 383. See Streets. 574 INDEX. SUPREME JUDICIAL COURT. See Courts. SURVEYORS OF HIGHWAYS, mayor and aldermen may be chosen, 14, 378. See Streets. SURVEYORS OF LUMBER, 260-265. See Lumber. SURVEYS, &c., to be made by city engineer, 426. SWIMMING, so as to be exposed to view, forbidden, 387. SWINE, not to be kept without license, 208. not to go at large in streets, 391. SWIVEL, 145. See Fire Arms. TAR-KETTLES, regulated, 130. TAXES, may be laid and assessed by city council for all purposes for which towns may lay and assess the same, 14, 395, 396. also for county purposes, as long as Chelsea is not taxable therefor, 14, 15, 396. same regulations of law to be observed, as in town taxes, 15, 396. city council may provide for assessment and collection, 15, 396. may elect assessors, &c., 16, 396. Thompson's Island exempted from, so long as, &c., 42. Chelsea not to be taxed for county purposes, 78. for additional appropriations for schools, how raised, 348. city and county taxes may be assessed separately, or together, 396. city treasurer shall be collector, 396. may appoint assistants, 396. may collect taxes previously outstanding, 397. may issue his warrant for part, 397. may issue his warrant to distrain, 397. assistant collectors to give bond, 396; their powers, 396, 397. tenor of treasurer's warrants, 397. proceedings in serving and returning the same, 397, 398. assessors to be chosen, 398; their duties and compensation, 399. committee to nominate assistant assessors, 399. assistant assessors to be chosen, 399; their compensation, 399. assessors may be removed, 399; vacancies, how filled, 399. organization of assessors, 399. of assessors and assistant assessors, 399. secretary to keep records of both boards, 400. committee on assessors department, 400. duties of assistant assessors, 400. chairman, or other assessor to remain at assessors' room, 400. abatements to be recorded, 400; reasons to be stated, 400. record to be laid before city council, 400. city clerk to inform assessors of abatements made by mayor and aldermen, 400. assessors to make out and deliver tax bills to treasurer, 401. treasurer to issue tax bills, 401. if not paid within 30 days, to issue summons, 401. if not paid in 10 days thereafter, to issue warrant, 401.. INDEX. 575 TAXES, (Continued.) assessors may transfer taxes on real estate to the owner, 401. real estate to be assessed to the owner, 401. proviso as to assessing tenant or occupant, 401. as to rights of owners and tenants, 401. TEACHERS, 339, 340, 342, 347, 349, 350. See School Instructors. THEATRICAL EXHIBITIONS, may be licensed by mayor and aldermen, 13, 31. penalty for exhibition without license, 31. THOMPSON'S ISLAND, annexed to Boston, 41. THROWING stones and snowballs in streets, &c., forbidden, 386. TIMBER, 260-265. See Lumber. TOLLING OF BELLS at funerals, 213. TOWNS, powers of, 14, note. duties of, in relation to paupers, 286-295. TREASURER, how to be chosen, 17. city marshal to pay over fees for carriage licenses to, 64, 71. constables' bond to be given to, 83. suits on constables' bonds to be in name of, 84. to furnish copy of constable's bond to persons applying therefor, 84. to pay costs, taxed, allowed and certified in municipal court, 89, 90. to accept bond of clerk of justices' court, 95. to have custody of same, 97. moneys received by clerk of court to be paid over to, 95. of market, to be paid over to, 118. not to pay out moneys, unless vouched, approved, examined, drawn for, &c., 119, 120. to make up annual accounts to April 30, 121. to conform to orders of committee on city debt, 121, 122. committee on city debt may lend to, 122. to put debts due the city into the hands of the solicitor, for suit, 122, 123. duty of city officers to pay over moneys to, 123. accounts of, how kept, 124; how audited, 124. duty as to hawkers' and pedlers' licenses, 177. may prosecute for breach of health laws, &c., 189; office hours of, 274. purchase money of public lands to be paid to, 313. notes, bonds, mortgages, &c., to be deposited with, 313. income of school fund, to be paid to, 345. duty of, as to forfeitures by towns for not raising money for schools, 348. to collect bill for common sewers, 359. to be collector of taxes, 396; to appoint deputies and assistants, 396. powers and duties of such deputies, &c., 396, 397. to collect taxes previously outstanding, 397. to issue his warrant, &c., 397, 398. may distrain before time fixed, in certain cases, 397, 398. assessors to deliver tax bills to, before Oct. 1, 401. to issue tax bills immediately. 401. to issue summons, if not paid within 30 days, 401. 576 INDEX. TREASURER, (Continued.) to issue warrant, if not paid within 10 days after summons, 401. mayor, treasurer and auditor to be trustees of water fund, 420. to sign water scrip, 419. duties as to payment of bills of water board, 425. water rent to be paid to, 427. TREASURY, money not to be paid out of, unless vouched, examined, approved, drawn for, &c., 119, 120. balances remaining in, to be applied to payment of city debt, 122. certain penalties to be paid into, 140, 279. TREES, on the common, and in streets, &c., not to be injured, 82. not to be planted in streets, without leave of surveyors of highways, 376. TRUANTS, cities and towns empowered to make provisions respecting, 402. ordinance to be approved by C. C. Pleas, 402. they may appoint three or more persons to make complaints, 402. complaints to be made to judicial officer, 402. to be placed in institution of instruction, &c., 402. act of legislature, 1850, c. 294, adopted, 403; punishment for truancy, 403. senior justice of police court to have jurisdiction, 403. house of reformation, &c., to be the institution provided, 403. ordinance approved by C. C. Pleas, 403. TRUCKS, regulated, 70-76. See Carriages. TRUNK, not to be placed on sidewalk, to obstruct, &c., 392. TRUSTEES OF JOHN BOYLSTON'S CHARITABLE DONATIONS, incorporated, 282, 283; to have perpetual succession, 283. bequests made by John Boylston, vested in, 283. to conform to directions of Boylston's will, 283. to hold real and personal estate, 283; limitation of amount, 283. to have a common seal, 283; to make by-laws, 283. to choose officers, 283; validity of acts, &c., 284. authorized to bind out poor persons, 284. TURNPIKE. See Railroads, and Streets. UPPER LEATHER, 254, 255. See Leather. UNDERTAKERS, to be appointed, 212. their duties, 212, 213; no other person to undertake funeral, 212. their fees, 213, 214; to make returns, 323, 324. penalty for neglect, 324, 325; compensation for returns, 324, 328. UNITED STATES, to have concurrent jurisdiction of certain places, 153, 154. UNLAWFUL ASSEMBLIES, 330-335. See Riots. VACCINATION, to be performed by city physician, 209. certificate of, to be given, provided, &c., 210. VAGABONDS, to be committed to house of correction, 217, 218. VAULTS regulated, 202-205. See Health. VEGETABLES, how prepared for sale, 208. VEHICLES regulated, 61-76. See Carriages. VENIRE, for jurors, 88, 89. INDEX. 577 VESSELS, duties of masters, &c., as to alien passengers, 25-30. weighers of, to be appointed, 33. provisions respecting weighing same, 33-35. where they shall anchor, 171; trim of, at wharves, 172, 174. penalties. 171-174; regulation of warps and lines, 172. authority of harbor master over, 173. to keep an anchor watch, and light, 174. master and owners liable, 174. nuisances, infected articles, &c., on board of, to be regulated by board of health, 190, 191. to be subject to quarantine, 196. duties of masters, as to quarantine, 196. city physician to examine nuisances, &c., on board of, 209. having hides, &c., to be reported to city physician, 210. masters of such vessel, to report same, 210, 211. penalty on masters of, for landing convicts, 291. regulations respecting pilotage of, 296-301. See Harbor and Pilots. VICTUALLERS, to be licensed by mayor and aldermen, 257. VOTERS. See Elections. VOTING LISTS, to be made out by mayor and aldermen, 20. to be delivered to clerk of ward, 21. to be used by warden and inspectors, 21. no person to vote, unless his name is on the list, 21. of certain inhabitants to be furnished to Roxbury authorities, 39. WAGONS, regulated, 61-76, 110-117. See Carriages, and Faneuil Hall Alarket. WARD MEETINGS, time of meeting to be appointed by mayor and aldermen, 3. how conducted, 3, 4, 5; for election of mayor, 5. for election of aldermen, 8; of common council, 9. qualifications of voters at, 10. for choice of overseers of the poor, 17; of school committee, 18. of state and national officers, 19, 20. ward officers, to attend at, 21. warrants for, how issued, served and returned, 105. mayor and aldermen to fix the time for opening and closing the poll, except, &c, 106. WARDS, city to be divided into, 3. city council may alter the division of, 3. removal from, during term of office, shall not disqualify officers, 19. land annexed from Brookline, to be part of ward six, 43. new division of, 404; boundaries of, 404-407. when ordinance respecting shall take effect, 407. WARDEN, how chosen, 3; when to enter upon office, 11, note, 471. shall be resident in the ward, 3; shall preside at meetings, 3. shall have power to preserve order, 3, 4, 5. 73 578 INDEX. WARDEN, ( Continued.) with inspectors shall receive, sort, count and declare votes, 4, 5, 8, 19. shall be under oath, 4. may administer oath to clerk and inspectors, 4. manner of declaring votes, 5; to certify record of votes, 5, 8, 19, 21. to sign certificate of election of common councilmen, 10. to use voting lists, 21. WARRANT, for elections, when and by whom issued, 6, 7, 8, 9, 18, 20, 21, 105, 106. for election of representatives shall specify number to be chosen, 18. how served and returned, 21, 22, 105, 106; form of, 105, 106. time of opening and closing the poll, to be inserted in, 106. WARREN BRIDGE, 53, note. WATCH, duty of in case of fire, 139. may order persons standing in a group on sidewalk to move on, 392. to be appointed by mayor and aldermen, 408. head constable and constables of divisions, 408. they shall report every morning, 408. powers and duties of watchmen, 408-411. under Revised Statutes, 409, note. to suppress disturbances and disorders, 410. to arrest, &c., disorderly and suspicious characters, 410. to walk the rounds, 410; constable to carry his badge of office, 410. officer of watch to carry quarter pike, 410. watchman to carry staff, 410; expenses of watch, how raised, 410. hour of setting the watch, 410, 411. may disperse any unlawful assembly, &c., at any time after, &c., 411. WATER, city may obtain, from Long Pond, in Natick, &c., 413. may take and hold waters of Long Pond, &c., 413. lands, &c., 413. rejection of act of 1845 respecting, 413, note. acceptance of act of 1846 respecting, 413, note. city to file in registry of deeds, a description of lands, &c., taken, 414. may construct aqueducts, dams, reservoirs, &c., 414. may distribute water throughout the city, lay pipes, &c., 414. may dig up highways, &c., when necessary, 414. Water Commissioners to be appointed, 415. to execute and direct the works, 415. to be subject to ordinances, &c., 415. term and tenure of office, 415; quorum of, 415. to make reports, 415; their compensation, 415, 416. their powers to be exercised by city, after their office shall cease, 416. city to be liable to pay damages, 416. application to C. C. Pleas, in case of disagreement, 416. court may appoint three freeholders to assess damages, 416. effect of their award, 416, 417. parties may claim a trial by jury, if dissatisfied, 417. effect of verdict, 417. INDEX. 579 WrATER, ( Continued. ) application not to be made, until the writer is actually diverted, &c., 417. city may commence proceedings in case, &c., 417. effect of judgment, in such case, 418. city may tender damages, &c, 418. effect of such tender, &c., 418. city council may issue water scrip, 418. manner of disposing of same, 418, 419; temporary loans may be made, 419. additional scrip may be issued, 419. for payment of interest, 419. form of scrip, 419; record to be kept of the same, 419. city council to regulate the price of water, 419. net surplus income to be applied to payment of principal and interest of scrip, 420. mayor, treasurer and auditor to be trustees of the fund, 420. trustees to render account, 420. how price of water may be raised, if insufficient, 420. reduced, if more than sufficient, 421. limit to reduction, 421; costs, upon such proceedings, 421. occupant and owner of tenement both liable for price of water, 421. action for use of water without consent of city, 422. inhabitants of Natick, &c., may use a portion of, 422. penalty for diverting or corrupting, 422. city may purchase property of Aqueduct Corporation, 422. acts respecting Aqueduct Corporation, 422, note. may be conveyed to East Boston, 423. over or under tide waters, 423. commissioner to be appointed by governor, to approve same, 423. water pipes may be laid under bridges of Eastern R. Ri. Co., 423. vote to convey the water to East Boston, 423, note. Cochituate Water Board, how chosen, 424. their organization, 424; general powers, 424. to appoint subordinate officers, 424; to make annual reports, 424. to transmit reports of city engineer and water registrar, 425. to prepare schedule of water rates, 425; may sell or lease property, 425. bills to be drawn by president of, 425. president to supervise water works, &c., 425. president may be chosen pro tempore, in case of absence, &c., 425. direction and control of officers, 425, 426, 427. city engineer to report to, 426; water registrar to report to, 427. no member to be interested in contract, &c., 428. hydrants not to be opened without license of, 428. City Engineer, how chosen, and tenure of office, 425. to have charge of lake, aqueducts, &c., 425. to perform services required by Cochituate water board, 426. to have charge of plans of streets, 426. to make all surveys, &c., 426; to perform other services, 426. may appoint an assistant, 426; to make an annual report, 426. 580 INDEX. WATER, (Continued.) City Engineer, (continued.) hydrant not to be opened without license of, &c., 428. report of, to be transmitted to city council, 425. Water Registrar, how chosen, and tenure of office, 426. to assess water rates, 426; to visit premises of takers, 426. to make out bills, 426; to exercise supervision, &c., 426. to make annual report, 427; report to be sent to city council, 425. may make abatements, 427; to keep books, 427. to perform other services, 427. hydrants not to be opened without license of, &c., 428. may enter premises of any water takers, &c., 429. water rent payable in advance, 427. supply to be cut off in case of non-payment, 427. not to be let on again, except, &c., 427; proviso, 427. provisions to apply, where two or more parties take the water, &c., 427. no member of board, or officer, to be interested in any contract, &c., 428. penalty for opening hydrant, &c., 428. for opening any pipe, or reservoir, &c., 428. for turning on or turning off the water, 428. for injuring any other reservoir, &c., 428. water not to be sold to parties out of the city, unless, &c., 428. regulations under which the water shall be taken, 429. to be printed upon bills, for water rent, 429. water to be cut off, in case of violation, 429. payment may be declared forfeited, 429. takers to keep service pipes in repair, 429. to prevent waste, 429; to use no concealment, 429. no alteration to be made, except, &c., 429. water not to be supplied to other parties, unless, &c., 429. use of hand-hose restricted, 429; examination of premises, 429. when the ordinance shall take effect, 429, 430. officers may be chosen in 1850, 430. when aqueduct is repaired in streets, a fence and lights to be put up, 384, 385. WAYLAND, inhabitants of, may use water of Long Pond for certain purposes, 422. WAYS. See Streets. WEIGHERS OF HAY, to pay over moneys to city treasurer, 123. to lay quarterly statement before city council, 123. duties and fees, 183, 184. See Hay. WEIGHERS OF VESSELS, 33-35. WEIGHTS AND MEASURES. standards and seals to be kept by county and town treasurers, 431, 436. what shall be the standards, 433, 436. to be kept by state treasurer, 433; seals to be used, 433, 434. treasurer to cause duplicates to be kept by a deputy, 434. county standards to be tried once in ten years, 435. INDEX. 581 WEIGHTS AND MEASURES, (Continued.) standards to be furnished by commonwealth, 436. county, city and town treasurers to provide places for keeping the same, 436. they shall keep, &c., and replace when lost, 436. penalty for neglect, 436. town and city standards to be sealed once in ten years, 436; penalty, 436. vibrating steelyards, allowed, 437. provisions respecting measures of salt and grain, 437. " hundred weight " to be construed the net hundred, 437. public weighers, who shall be deemed, 439; their duties, 438, 439. special provisions for weights used in banks, 435, note. Sealers of weights and measures, how appointed, 431; how removable, 431. each town sealer to have complete sets of standards, 431. to keep a house or office, 431, 432. to give notice to persons using steelyards, weights and measures, to send them in to be sealed, 432. to go to houses, stores, &c., of those who neglect, 432. double fees and expenses, 432. penalty for refusal to have weights, &c., sealed, 432. for using same without sealing, 433; for altering same, 433. seals to be used by, 433, 434; fee for sealing, 434. to give notice annually of time and place, 434. to seal all weights and measures, 434. penalty for selling by weights, &c., not sealed, 434. trying and sealing hayscales, 435; fees, 435. penalty for using hayscales, &c., not sealed, 435. accountable to towns for preservation of standards, 437. penalty for neglect, 437; two sealers to be appointed in Boston, 439. WELLS, public, to be supplied with pumps, 440. how expenses of same shall be assessed, 440. WEST BOSTON BRIDGE, 53, note. WHARVES, may be erected by city at Free Bridge, 51. penalty for injury to, 51; not to be within 40 feet of other wharves, 52. carrying or kindling fire on, forbidden, unless, &c., 130. not to be extended beyond harbor lines, 157, 163, 166, 170, 171. towards harbor lines, further than, &c., 157, 163, 166. penalty for illegally extending, 158, 163, 166, 170. illegally erected, may be abated as a nuisance, 158, 163, 166, 170. trim of vessels at, 172, 174. damaged grain, &c., not to be landed on, without, &c., 209. raising or lowering articles, on outside of buildings adjoining, 377. bathing in waters adjacent to, so as to be exposed, 387. WINDOWS, not to project into street more than one foot, 376. not to be constructed, projecting into street, 389. WINE, &c., sale of may be licensed, 258. WOOD, not to remain in streets longer than, &c., 386. not to be sawed on sidewalk, &c., 392; dimensions of cord wood, 441. 582 INDEX. WOOD, (Continued.) penalty for selling wood not measured, 441. fees for measuring, 441, 442. wood brought by water, how measured, 442. in Boston, city government may establish ordinances, &c., 442. carters to have tickets, 442; penalties, 442. places to be assigned for measuring wood and bark, 444. penalty for standing in places not assigned, 444. measurers of wood and bark to be appointed, 444; fees, 444. measurers of wood and bark brought by water, 444. WOODEN BUILDINGS, regulations respecting, 55-60. WORKHOUSES, general provisions respecting, 238, note. paupers may be supported in, 286. See House of Industry. WRITS, 87, 93. See Courts.